Region

Jurisdiction

Regulator

2024-02-08 | DOF 5716387

Added 2026-08-26

Circular CONSAR 19-31 Additions to the General Rules Governing Information Delivered by AFORE Administrators, Specialized Investment Societies, Receiving Entities, and National SAR Database Operating Companies to the National Commission for the Retirement Savings System

The National Commission for the Retirement Savings System (CONSAR) amends Rule Seventh of Circular CONSAR 19-8 by adding fraction LIII, requiring AFORE administrators to report information on lawsuits in which they are named as defendants regarding individual accounts. This obligation is detailed in the newly added Annex 149, which mandates the submission of aggregated quarterly data including case details, actor information, account holder data, claims, and procedural status. The additions enter into force on the last business day of April 2024, at which point administrators must begin transmitting the specified information.

Mexico

Secretaria de Hacienda y Credito Publico

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DOF: 08/02/2024

CIRCULAR CONSAR 19-31 Additions to the General Rules to Which Administrators of Retirement Funds, Specialized Investment Societies for Retirement Funds, Receiving Entities, and Companies Operating the National SAR Database Must Subject the Information They Deliver to the National Commission for the Retirement Savings System

At the margin, a seal with the National Coat of Arms, which says: United Mexican States.- TREASURY.- Ministry of

Treasury and Public Credit.- National Commission for the Retirement Savings System.

CIRCULAR CONSAR 19-31

ADDITIONS TO THE GENERAL RULES TO WHICH THE INFORMATION

THAT ADMINISTRATORS OF RETIREMENT FUNDS, SPECIALIZED INVESTMENT SOCIETIES

FOR RETIREMENT FUNDS, RECEIVING ENTITIES, AND COMPANIES

OPERATING THE NATIONAL SAR DATABASE MUST SUBMIT TO THE NATIONAL COMMISSION

FOR THE RETIREMENT SAVINGS SYSTEM.

The President of the National Commission for the Retirement Savings System, based on the provisions of

articles 5 fractions I, II, VII and XVI, 12 fractions I, VIII and XVI, 88, 89, 90 fractions II, 91 and

113 of the Law of the Retirement Savings Systems;

106 of the Law of the Institute for Security and Social Services for State Workers;

140 of the Regulations of the Law of the Retirement Savings Systems;

1, 2 fraction III and 8 first paragraph of the Internal Regulations of the National Commission for the

Retirement Savings System, and

CONSIDERING

That Circular 19-8, "General Rules to Which the Information That Administrators of Retirement Funds, Specialized Investment Societies for Retirement Funds, Receiving Entities, and Companies Operating the National SAR Database Must Subject the Information They Deliver to the National Commission for the Retirement Savings System" with its modifications and additions, has as its object to establish the procedure and requirements to which Administrators of Retirement Funds, Specialized Investment Societies for Retirement Funds, Receiving Entities, and Companies Operating the National SAR Database must be subject, regarding the information they must provide to the Commission, so that it has the necessary elements to supervise their proper functioning;

That as a result of the number of lawsuits against Administrators, which can be an alert indicator for the Retirement Savings System, it is necessary to have sufficient information on how many and what type of lawsuits are pending.

That in order to have continuous follow-up by the Administrators and the Commission, it is necessary to have information on the judicial and jurisdictional proceedings being pursued against the Administrators.

That, in order to have all the necessary information to supervise the functioning of Participants in the Retirement Savings Systems, it is necessary to add Annex 149 so that this Commission has information on the lawsuits in which Administrators are parties, with information accumulated at the end of the Quarter, with the aim that CONSAR focuses its coordination, regulation

and, if applicable, supervision efforts to contribute to the gradual reduction of judicial proceedings affecting the Retirement Savings System and consequently help alleviate the current saturation of the organs administering justice for the benefit of Workers, has seen fit to issue the following:

That in order to comply with what is established in article 78 of the General Law of Regulatory Improvement, as well as in article Fifth of the "Agreement that establishes the guidelines that must be observed by the dependencies and decentralized organisms of the Federal Public Administration, regarding the issuance of general administrative acts to which article 69-H of the Federal Administrative Procedure Law applies", the eliminations made in article 121, first paragraph; 157, sixth paragraph, and

197 of the Modifications and Additions to the General Provisions in matters of operations of the retirement savings systems published in the Official Journal of the Federation on May 15, 2020, in terms of the corresponding Regulatory Quality Annex, has seen fit to issue the following:

ADDITIONS TO THE GENERAL RULES TO WHICH THE INFORMATION

THAT ADMINISTRATORS OF RETIREMENT FUNDS, SPECIALIZED INVESTMENT SOCIETIES

FOR RETIREMENT FUNDS, RECEIVING ENTITIES, AND COMPANIES

OPERATING THE NATIONAL SAR DATABASE MUST SUBMIT TO THE NATIONAL COMMISSION

FOR THE RETIREMENT SAVINGS SYSTEM.

FIRST.-

The fraction LIII is ADDED to Rule Seventh, of Circular CONSAR 19-8, "General Rules to Which the Information That Administrators of Retirement Funds, Specialized Investment Societies for Retirement Funds, Receiving Entities, and Companies Operating the National SAR Database Must Subject the Information They Deliver to the National Commission for the Retirement Savings System", modified and added by CircULARS CONSAR 19-9, CONSAR 19-10, CONSAR 19-11,

CONSAR 19-12, CONSAR 19-13, CONSAR 19-14, CONSAR 19-15, CONSAR 19-16, CONSAR 19-17,

CONSAR 19-18, CONSAR 19-19, CONSAR 19-20, CONSAR 19-21, CONSAR 19-22, CONSAR 19-23,

CONSAR 19-24,

CONSAR 19-25, CONSAR 19-26, CONSAR 19-27, CONSAR 19-28, CONSAR 19-29 and

CONSAR 19-30

published in the Official Journal of the Federation on August 18, 2008, January 22

of 2010, July 2, 2010, August 15, 2011, July 6, 2012, October 16, 2012, June 7 of

2013, September 27, 2013, September 9, 2014, August 17, 2015, June 6, 2016, June

September 2017, March 15, 2018, January 18, 2019, May 31, 2019, October 8 of 2019,

December 5, 2019, December 17, 2020, May 31, 2021, February 4, 2022,

July 25 of

2022, July 7, 2023 and October 2, 2023 respectively, to read as follows:

"SEVENTH. - The information that Administrators must provide to the Commission consists of:

I. to LII. ...

LIII.

Information on lawsuits related to the Individual Account in which Administrators are parties

in their capacity as defendants,

with information accumulated at the end of

the quarter, in accordance with what is established in Annex 149 of these general

rules."

SECOND.-

Annex 149 is ADDED to Circular CONSAR 19-8, "General Rules to Which

the information that administrators of retirement funds, specialized investment societies

for retirement funds, receiving entities, and companies operating the National Data

SAR Database must subject the information they deliver to the National Commission

for the Retirement Savings System", modified and

added by CircULARS CONSAR 19-9, CONSAR 19-10, CONSAR 19-11, CONSAR 19-12,

CONSAR 19-13, CONSAR 19-14, CONSAR 19-15, CONSAR 19-16, CONSAR 19-17, CONSAR 19-18, CONSAR 19-19,

CONSAR 19-20, CONSAR 19-21, CONSAR 19-22, CONSAR 19-23, CONSAR 19-24,

CONSAR 19-25,

CONSAR 19-26, CONSAR 19-27, CONSAR 19-28, CONSAR 19-29 and CONSAR 19-30

published in the Official

Journal of the Federation on August 18, 2008, January 22, 2010, July 2, 2010, August 15

2011, July 6, 2012, October 16, 2012, June 7, 2013, September 27, 2013, September 9 of

2014, August 17, 2015, June 6, 2016, September 6, 2017, March 15 of

2018, January 18, 2019, May 31, 2019, October 8, 2019, December 5, 2019, December 17 of

2020, May 31, 2021, February 4, 2022, July 25, 2022, July 7, 2023 and October 2 of

2023 respectively, in terms of these additions.

TRANSITORY

FIRST. - These additions will enter into force on the last business day of April 2024, on which date,

the Administrators must send the information referred to in Annex 149 of these

additions.

SECOND. - With the entry into force of these additions, all those provisions

that contravene these are repealed.

Mexico City, February 1, 2024.- The President of the National Commission for the Retirement Savings

System, Mtro. Julio César Cervantes Parra.- Signature.

Annex 149

DESCRIPTION OF THE FORMAT

Aggregated Type Information.- This file contains information on lawsuits in which Administrators are parties related to

an individual account, with information accumulated at the end of the Quarter.

SENDING PERIOD

RECEPTION PERIOD

RECORD LENGTH

TRANSMISSION HOURS

QUARTERLY

Last business day of the month (Jan, Apr,

Jul and Oct).

420

From 09:00 to 15:00 Hrs.

HEADER

Concept

Data

Type

Length

Position

Observations

Ent.

Dec.

From:

To:

Record Type

Record identifier (for system control) = Constant "000". 1

Number of records

Number of Records contained in the

file including the header. 1

Record size

Number of characters per record =

Constant

"420". 1

File type

File identifier (for system control) = Constant "2018". 1

Entity Type

Entity Type Key reporting the

information, according to the Catalog of

Entity Types of the General Catalog

Circular 19, Constant = "001". 1

Entity

Entity Key reporting the

Information according to the Catalog of

Entities (AFORE), annex. 1

Information Date

Information Date, last business day of the

quarter reported. 3

Blank spaces

386

420

Empty. 6

SUB HEADER

SUBHEADER 1: File or Lawsuit

Concept

Data

Type

Length

Position

Observations

Ent.

Dec.

From:

To:

Record type

Record identifier (for system control) = Constant "101". 1

File Number

Must enter the consecutive number of

file or lawsuit granted by the authority

where the lawsuit or procedure

prejudicial is located.

Federal Entity

State of the Mexican Republic in which

the lawsuit is located. Must enter the

identifier of the Federal Entity in which

the Lawsuit was issued according to the "Catalog of

Federal Entities" annex. 1

Status

Inform if the lawsuit has concluded by having

fulfilled the award or sentence or by having

become final the resolution that absolved or

by having archived the matter or concluded the

prejudicial procedure. Must report if the

matter has already been concluded, where: 1 = Yes ' or

0 = No '. 1

Blank spaces

334

420

Empty. 6

DETAILS

DETAIL 1: Actor Data

Concept

Data

Type

Length

Position

Observations

Ent.

Dec.

From:

To:

Record type

Record identifier (for system control)

= Constant "301". 1

Consecutive

Must assign a consecutive number for each

Actor listed, starting with "01". 1

CURP Actor

Assign the Unique Population Registry Key

CURP ' of the Actor. 5

If data is not available

must indicate "N/A".

Actor Name(s)

Must assign the name(s) of the person who

filed the lawsuit or request for conciliation

prejudicial.

Actor Paternal Surname

103

Must assign the Paternal Surname(s) of the

person who filed the lawsuit or request for

prejudicial conciliation.

Actor Maternal Surname

104

143

Must assign the Maternal Surname(s) of the

person who filed the lawsuit or request for

prejudicial conciliation.

Promoted by

PROFEDET

144

Inform if the actor is assisted by the Federal

Office for the Defense of Labor. Will report the

Value 1 = "YES", Value 0 = "No" and 2 = "N/A"

Assigned

145

Indicate if the Actor is assigned, where:

1 = Yes ', 0 = No ' and 2 = "N/A". 1

Service Provider

146

Indicate if the Actor is in the Service

Provider, where: 1 = Yes ', 0 = No '

and

2 =

"N/A".

Blank spaces

274

147

420

Empty. 6

DETAIL 2: Individual Account Holder Data

Concept

Data

Type

Length

Position

Observations

Ent.

Dec.

From:

To:

Record type

Record identifier (for system control) =

Constant "302". 1

CURP of the holder of the

individual account.

Assign the Unique Population Registry Key

CURP ' of the holder of the individual account. 5

Name(s) Holder of the

Individual Account

Must assign the name(s) of the worker to

whom the individual account corresponds that is

subject to lawsuit or prejudicial procedure.

Paternal Surname of the

holder of the account

Individual

101

Must assign the Paternal Surname of the worker

to whom the individual account corresponds that is

subject to lawsuit or prejudicial procedure 5

Maternal Surname of the

holder of the account

Individual

102

141

Must assign the Maternal Surname of the worker

to whom the individual account corresponds that is

subject to lawsuit or prejudicial procedure.

NSS of the holder of the

individual account.

142

152

Assign the Social Security Number NSS ' of the

holder of the individual account. 5

In case of accounts

ISSSTE indicate "N/A".

RFC of the holder of the

individual account.

153

165

Add the Federal Taxpayer Registry of the

holder of the Individual Account.

Blank spaces

255

166

420

Empty. 6

DETAIL 3: Actor's Claims

Concept

Data

Type

Length

Position

Observations

Ent.

Dec.

From:

To:

Record type

Record identifier (for system control) =

Constant "303". 1

Consecutive

Must assign a consecutive number starting

from the number '01', for each lawsuit mentioned. 1

Benefits

Actor's claims, Must enter the

identifier of the Catalog "Benefits" annex. 1

If you do not identify the benefit in the

catalog, must assign the identifier '99', and in

the field Other Benefit describe it.

Other Benefit

100

107

Only in the case that the benefit is not found in

the benefits catalog, must describe it. 5

Blank spaces

313

108

420

Empty. 6

DETAIL 4: Complementary Information

Concept

Data

Type

Length

Position

Observations

Ent.

Dec.

From:

To:

Record type

Record identifier (for system control)

= Constant "304". 1

Defendant

Person or Authority against whom the

lawsuit or request for prejudicial conciliation was filed. Should

enter the identifier of the defendant,

according to the "Catalog of Defendants" annex. 1

When the defendant is more than one, should

use the indicator "99" from the catalog, and in

the field "Observations" must list all

involved listing the description of the catalog

Defendants, separated by commas.

In case the defendant is not on the list of

catalog must list it in the field

Observations.

Authority

100

105

Jurisdictional body where the lawsuit is located or

conciliation center. Must enter the

full name of the authority to which it refers,

all without abbreviations, and as it

appears in the filing order, except for the number

consecutive of the authority, if applicable, which should

be expressed in digits 5

Legal representative

106

185

Name of the firm if the request or lawsuit letter is letterheaded or

the name of the main representative of the

promoter. 5

Claimed Amount

186

195

Monetary amount demanded by the actor, can

be the balance of the individual account. Must list

the amount being claimed. 2

Must indicate the total amount, including accounts

administered by the AFORE and if applicable by the

Housing Institutes, excluding amounts

related to labor benefits or others.

Cause

196

197

Will report the cause that prevented the

administrative return of resources in its

case, or what resulted in the promotion of the

request or lawsuit that originated the lawsuit or

prejudicial procedure. Must enter the

identifier of the Catalog "Lawsuit Causes"

annex. 1

If you do not identify the cause in the

catalog, must assign the identifier 99 and

in the field Other Cause describe it.

Other Cause

198

247

Only in the case that the cause is not found in

the catalog, must describe it. 5

Follow-up

248

Must inform if it attended the prejudicial stage

or if the lawsuit was answered either

by presenting the corresponding document or in

hearing, where: 1 = Yes ' answered the lawsuit

or 0 = No ' answered the lawsuit. 1

Procedural Status of the

Lawsuit

249

250

Inform the stage in which the lawsuit is located.

Must enter the identifier of the Procedural Status

of the Lawsuit according to the "Catalog of Procedural Status"

annex. 1

If it does not apply, must assign

identifier '00' = 'N/A'.

Sense of the Sentence

or Award

251

252

Inform if the resolution absolved or condemned,

regarding the benefits claimed by the

plaintiff. Must enter the identifier of the

sense of the sentence or award, according to the

"Catalog of Sense of the Sentence or Award"

annex. 1

If it does not apply, must assign

identifier '00' = 'N/A'.

Was the Award or

Sentence Challenged

253

Inform if any means of defense or

appeal was filed against the resolution. Must list if

the Condemnatory Award or Sentence was challenged,

where: 1 = Yes ' or 0 = No '. In other cases it

must be noted 2 = 'N/A'. 1

Status of the Appeal

254

Inform the status of the appeal

filed against the sentence or award. Should

enter the identifier of the status of the

appeal, according to the "Catalog of status of the

appeal" annex. 1

If it does not apply, must assign

identifier '0' = 'N/A'.

Date on which the last

resolution became final

255

262

Inform the date on which the

sentence or award became final, that is, that there is no longer

any means of defense or appeal that could

modify or revoke it, according to the

information available to the Administrator. 3

Date of

completion of the

award or sentence

263

270

Inform the Date on which compliance with the

award or sentence was given by the

Administrator. 3

If it is a partial compliance it

must be indicated in the "Observations" field.

Observations

150

271

420

Must enter, if applicable, special

characteristics or observations regarding the

characteristics not specified in the

Catalogs Defendants or other indicated in the

present format. 5

CATALOG(S)

Catalog of Entities (AFORE)

Entity Type Key

Description

530

XXI Banorte

534

Profuturo

538

Principal

544

SURA

550

Inbursa

552

Citibanamex

556

Azteca

562

Invercap

568

Coppel

578

ISSSTE Pension

Catalog Defendant

Identifier

Description

Administrator XXI Banorte

Administrator Profuturo

Administrator Principal

Administrator SURA

Administrator Inbursa

Administrator Citibanamex

Administrator Azteca

Administrator Invercap

Administrator Coppel

Administrator ISSSTE Pension

IMSS

ISSSTE

INFONAVIT

FOVISSSTE

CONSAR

ICEFAS

Other Authority or Person

Catalog of Federal Entity

Identifier

Description

Aguascalientes

Baja California Norte

Baja California Sur

Campeche

Coahuila

Colima

Chiapas

Chihuahua

Mexico City

Durango

Guanajuato

Guerrero

Hidalgo

Jalisco

State of Mexico

Michoacán

Morelos

Nayarit

Nuevo Leon

Oaxaca

Puebla

Querétaro

Quintana Roo

San Luis Potosí

Sinaloa

Sonora

Tabasco

Tamaulipas

Tlaxcala

Veracruz

Yucatán

Zacatecas

Catalog of Benefits

Identifier

Description

Designation of beneficiaries and/or return of resources

Return of resources for pension grant

Return of resources for denial of pension

Return of resources to foreigners

IMSS retirement and pension regime

Unification or separation of accounts

Change of pension regime

Family order controversies

Return of payments without legal justification

Private pension plans

Seizure and remittance of resources

Other benefits

Catalog of Lawsuit Causes

Identifier

Description

No right to Withdrawal

Modification of Data

Separation of Accounts

Separation of Accounts with disposal of resources

No declaration of Beneficiary

Mark judicial procedure

No established operational process

Other (Specify)

Catalog of Appeal Status

Identifier

Description

Not Applicable

Waiting for turn to appellate court

Waiting for session

Pending resolution

Catalog of Procedural Status

Identifier

Description

Not Applicable.

Summons

Preliminary Hearing

Trial Hearing

Hearing of Lawsuit and Exceptions

Examination of Evidence

Award

Sentence

Amparo

Incidental of (substitution, competence personality)

Pending Resolution

Catalog of Sense of the Sentence or Award

Identifier

Description

Condemnatory

Absolutory

Other

GENERAL PROCESS VALIDATIONS

Validations for data format

General notes for data format validation in files.

Integer numeric data (quantities or numeric keys). Must be right-justified; if the length

of the actual data is less than specified, empty spaces will be filled with zeros.

Numeric data with decimal (monetary amounts). Must be right-justified; if the length

of the actual data is less than specified, empty spaces will be filled with zeros. Omit peso sign,

commas and decimal points. If the amount is negative the sign will occupy the 1st position from the left.

3 Dates. The date format must be 8 numeric characters = "YYYYMMDD" where:

DD = day

MM = month

YYYY = year

Period. The format for the period (date range) must be = " AAAAMMDDAAAAMMDD " where:

DD = day

MM = month

AAAA = year

The first block of 8 numeric characters represents the initial date of the period and the second the final date of the period.

Alphanumeric Data. It must be left-justified, with uppercase letters without accents; if the actual length of the data is less than specified, the empty spaces will be filled with blanks or spaces; in the case of an "ñ" it must be the ASCII code "ALT+0209" of Windows. All characters must be in uppercase.

Blank Spaces (Empty). It serves to fill the remaining space of the record with respect to the maximum length, this so that it does not contain information outside of what is specified.

SPECIFIC POLICIES OF THE PROCESS

Policies to be followed in the transmission of information

The information that will be transmitted to the Commission based on this format, will be subject to the following policies:

The transmission of the sending of the information transmission formats by process will be through the private network using Connect:Direct software or any other compatible with it.

II.

Transmissions may be made as many times as necessary to the RECEPCION directory. However, within the 30 minutes prior to the end of the transmission schedule, they may carry out the retransmissions they require to the RETRANSMISION directory, provided that an information send has been previously made to the RECEPCION directory, regardless of whether it has been accepted or rejected. If the transmission of the file is carried out outside the specified transmission schedule and/or on a date not corresponding to its normal send, the file must be transmitted to the RETRANSMISION directory and will be validated with prior authorization from the Commission's Surveillance areas.

III.

In the case of a prejudicial procedure, those entered at the end of the quarter (Jan, Apr, Jul, and Oct) will be reported, regardless of whether they are concluded or not.

IV.

The entities committed to transmitting the information transmission format by process will be the obligated subjects (AFORE).

When it concerns actors who are not clients of the Afores, the fields must be filled with the minimum information contained in the initial complaint and evidence, and in the rest N/A (Not Applicable) must be added.

VI.

For the case of assigned accounts and service provider, only the data available to the Afore and those derived from the initial complaint and evidence must be filled in.

VII.

In the "Catalog of Sense of the Judgment or Award", when the same judgment or award does not condemn or acquit, with respect to the benefits claimed by the plaintiff, "Other" must be indicated.

VIII.

In the event of the elimination of the Jurisdictional Body in which the trial is located and it is sent to another Jurisdictional Body, the name of the first Authority must be recorded, and subsequently separating it by a / the name of the second Authority.

IX.

The Seizure or remittance of resources referred to in the "Catalog of Benefits", a percentage of the Individual Account for non-compliance with alimony or other obligations, is applicable to those procedures in which the seizure or remittance of percentages of the individual account is ordered to guarantee obligations, such as alimony or others.

The Commission will notify, in due course, the corresponding changes and additions to the catalogs.

No.

TYPE OF DATA

DESCRIPTION

8 Numeric Digits

Where the entity must include the Send Date on which it is transmitting the file in "AAAA MMDD" format.

2 Alphanumeric Digits

These will represent the abbreviation of the Type of Entity transmitting, According to the Type of Entity Catalog of the General Catalog Section Circular 19 in force, Constant = "AF".

3 Numeric Digits

Which will be according to the AFORE Entity Key reported according to the entity catalog of the General Catalog Section Circular 19 in force.

3 Numeric Digits

These establish the Subtype of Entity Key reported (*Only applies to the SIEFORES family, for other entities it will be Constant = "000").

4 Numeric Digits

To define the type of file being transmitted, where each format already has a stipulated number, for this case it will be Constant = "2018".

NOTE: The separation between step 1, 2 and 3 will be with an underscore, after step 4 it will be by a decimal point.

To exemplify it, the case where Afore XXI Banorte were sending its information is presented below, the file name must be as follows:

It should be mentioned that once having the file with this name, it must be encrypted with the GNUpg program, which will rename it with the following name:

20230307_AF_530_000.2018.gpg

With this name is the one with which the file must be transmitted to CONSAR. For the recovery of the acknowledgments, the participating entities must take their "Acknowledgment" with the same name with which they renamed it before encrypting it, they will only have to add the character "A" before the date, example:

A 20230307_AF_530_000.2018

NOTE: The .gpg extension will not be taken into account in the recovery of the acknowledgment, as shown in the example, nor will the acknowledgment be encrypted.

XI.

The sending routes to CONSAR for production will be:

TYPE OF ACTION

ROUTE

Normal Send

/export/home/rec/VPOESPEC/RECEPCION

Retransmission Send

/export/home/rec/VPOESPEC/RETRANSMISION

Recovery of Acknowledgment

/export/home/rec/VPOESPEC/TRANSMISION

The sending route to CONSAR for tests will be:

TYPE OF ACTION

ROUTE

Test Send

/export/home/rec/VPOESPEC/PRUEBAS/RECEPCION

Recovery of Test Acknowledgment

/export/home/rec/VPOESPEC/PRUEBAS/TRANSMISION

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