General Provisions Designating Days in 2020 for Closure and Suspension of Operations by Retirement Fund Administrators and Related Entities

DOF: 17/12/2019

GENERAL PROVISIONS designating the days of the year 2020 on which retirement fund administrators, public institutions performing similar functions, specialized investment societies for retirement funds, and companies operating the National SAR Database, shall close their doors and suspend operations.

A seal with the National Coat of Arms appears at the margin, stating: United Mexican States.- TREASURY.- Ministry of Finance and Public Credit.- National Commission for the Retirement Savings System.

GENERAL PROVISIONS DESIGNATING THE DAYS OF THE YEAR 2020 ON WHICH RETIREMENT FUND ADMINISTRATORS, PUBLIC INSTITUTIONS PERFORMING SIMILAR FUNCTIONS, SPECIALIZED INVESTMENT SOCIETIES FOR RETIREMENT FUNDS, AND COMPANIES OPERATING THE NATIONAL SAR DATABASE, SHALL CLOSE THEIR DOORS AND SUSPEND OPERATIONS.

The President of the National Commission for the Retirement Savings System, pursuant to Articles 1, 2, 5 (sections I, II, and XVI), 12 (sections I, II, VI, VIII, and XVI), 18, 58, 90 (sections I, XI, and XIII), and 94 of the Law on Retirement Savings Systems; Articles 103, 104, 105, and 106 of the Law on the Institute for Social Security and Services for State Workers; Articles 1 and 2 (section I) of the Regulations of the Law on Retirement Savings Systems; and Articles 1, 2 (section III), 8 (first paragraph), 34, and 35 of the Internal Regulations of the National Commission for the Retirement Savings System, has seen fit to issue the following:

GENERAL PROVISIONS DESIGNATING THE DAYS OF THE YEAR 2020 ON WHICH RETIREMENT FUND ADMINISTRATORS, PUBLIC INSTITUTIONS PERFORMING SIMILAR FUNCTIONS, SPECIALIZED INVESTMENT SOCIETIES FOR RETIREMENT FUNDS, AND COMPANIES OPERATING THE NATIONAL SAR DATABASE, SHALL CLOSE THEIR DOORS AND SUSPEND OPERATIONS.

Article 1. Retirement Fund Administrators, Public Institutions performing similar functions, Specialized Investment Societies for Retirement Funds, and Companies Operating the National SAR Database, established anywhere in the Mexican Republic, shall close their doors and suspend operations, in addition to Saturdays and Sundays, on January 1, February 3, March 16, April 9 and 10, May 1, September 16, November 2 and 16, and December 25 of the year 2020.

In addition to the days provided in the preceding paragraph, those days in which the Financial System must suspend operations as established by another competent authority shall be considered non-working days for Retirement Fund Administrators, Public Institutions performing similar functions, Specialized Investment Societies for Retirement Funds, and Companies Operating the National SAR Database.

Retirement Fund Administrators, Public Institutions performing similar functions, and Companies Operating the National SAR Database shall keep online services that consult Social Security Institutes operational on the days of the year considered working days for them.

Article 2. The National Commission for the Retirement Savings System shall suspend its activities, in addition to Saturdays and Sundays, on January 1, February 3, March 16, April 9 and 10, May 1 and 5, September 16, November 2 and 16, and December 25 of the year 2020.

Article 3. The days designated in Articles 1 and 2 above are considered non-working days for the filing and resolution of administrative appeals referred to in Article 102 of the Law on Retirement Savings Systems, as well as for the calculation of deadlines for submitting information required in relation to such procedures followed before the National Commission for the Retirement Savings System, and other information requests made by this authority.

Article 4. The National Commission for the Retirement Savings System may order the aforementioned entities to close their doors and suspend operations on days other than those designated in the previous first provision, when it deems necessary.

Pursuant to Articles 90 (sections I, XI, and XIII) and 94 of the Law on Retirement Savings Systems, the National Commission for the Retirement Savings System may order the aforementioned entities to open their doors and continue operations on the days designated in Article 1, when it deems necessary for the purpose of exercising its inspection powers through inspection visits.

Article 5. Retirement Fund Administrators, Public Institutions performing similar functions, Specialized Investment Societies for Retirement Funds, and Companies Operating the National SAR Database may submit to the National Commission for the Retirement Savings System a draft calendar of days on which they intend to close their doors and suspend operations, in addition to those provided in the previous Article 1, in order to obtain, if applicable, the corresponding authorization, provided they justify it accordingly.

The days authorized pursuant to the preceding paragraph shall be considered working days for all legal purposes.

Article 6. The National Commission for the Retirement Savings System shall resolve doubts arising from the application of these general provisions, as well as exception cases that must be recognized, and shall dictate measures it deems pertinent for the same purpose.

Article 7. Those days that the National Commission for the Retirement Savings System authorizes for the practice of inspection visits shall be considered working days, regardless of whether the Financial System must suspend operations as established by another competent authority.

TRANSITORY PROVISIONS

FIRST.- These general provisions shall enter into force on January 1, 2020.

SECOND.- From their entry into force, the "General Provisions Designating the Days of the Year 2019 on Which Retirement Fund Administrators, Public Institutions Performing Similar Functions, Specialized Investment Societies for Retirement Funds, and Companies Operating the National SAR Database Shall Close Their Doors and Suspend Operations," published in the Official Gazette of the Federation on December 28, 2018, are hereby repealed.

THIRD.- Retirement Fund Administrators, Public Institutions performing similar functions, Specialized Investment Societies for Retirement Funds, and Companies Operating the National SAR Database may submit to the National Commission for the Retirement Savings System the draft calendar referred to in Article 5 until January 31, 2020, which shall include the days their contracts or general labor conditions designate as non-working, as well as the days on which they habitually do not work according to their practices and customs, which are not contemplated in Article 1 of these general provisions.

Mexico City, December 12, 2019.- The President of the National Commission for the Retirement Savings System, Abraham E. Vela Dib.- Initialled.

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