2017-12-21 | DOF 5508577

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General Provisions Designating the Days in 2018 When Retirement Fund Administrators and Related Entities Must Close and Suspend Operations

The National Commission for the Retirement Savings System designates specific dates in 2018 as non-working days for retirement fund administrators, similar public institutions, specialized retirement investment societies, and National SAR Database operating companies, requiring them to close their doors and suspend operations on January 1, February 5, March 19, 29, and 30, May 1, November 19, and December 25, in addition to weekends. The Commission itself suspends operations on these dates plus November 2, while mandating that online services consulted by Social Security Institutes remain functional on working days. These designated days are also considered non-working for filing and resolving administrative appeals under Article 102 of the Retirement Savings Systems Law and for calculating information delivery deadlines. The Commission retains the authority to order closures on other days, permit operations for inspection purposes, or authorize additional closure days upon request, with these provisions entering into force on January 1, 2018, and repealing the corresponding 2017 provisions.

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DOF: 12/21/2017

GENERAL PROVISIONS DESIGNATING THE DAYS IN THE YEAR 2018 ON WHICH RETIREMENT FUND ADMINISTRATORS, PUBLIC INSTITUTIONS PERFORMING SIMILAR FUNCTIONS, SPECIALIZED RETIREMENT FUND INVESTMENT SOCIETIES, AND COMPANIES OPERATING THE NATIONAL SAR DATABASE, MUST CLOSE THEIR DOORS AND SUSPEND OPERATIONS.

A seal bearing the National Coat of Arms, which reads: United Mexican States.- Ministry of Finance and Public Credit.- National Commission for the Retirement Savings System.

GENERAL PROVISIONS DESIGNATING THE DAYS IN THE YEAR 2018 ON WHICH RETIREMENT FUND ADMINISTRATORS, PUBLIC INSTITUTIONS PERFORMING SIMILAR FUNCTIONS, SPECIALIZED RETIREMENT FUND INVESTMENT SOCIETIES, AND COMPANIES OPERATING THE NATIONAL SAR DATABASE, MUST CLOSE THEIR DOORS AND SUSPEND OPERATIONS.

The President of the National Commission for the Retirement Savings System, pursuant to the provisions of Articles 1, 2, 5 fractions I, II, and XVI, 12 fractions I, II, VIII, and XVI, 18, 58, 90 fractions I, XI, and XIII, and 94 of the Law of the Retirement Savings Systems; 103, 104, 105, and 106 of the Law of the Institute for Social Security and Services for State Workers; 1 and 2 fraction I of the Regulations of the Law of the Retirement Savings Systems; and 1, 2 fraction III, 8 first paragraph, 34, and 35 of the Internal Regulations of the National Commission for the Retirement Savings System, has deemed it appropriate to issue the following:

GENERAL PROVISIONS DESIGNATING THE DAYS IN THE YEAR 2018 ON WHICH RETIREMENT FUND ADMINISTRATORS, PUBLIC INSTITUTIONS PERFORMING SIMILAR FUNCTIONS, SPECIALIZED RETIREMENT FUND INVESTMENT SOCIETIES, AND COMPANIES OPERATING THE NATIONAL SAR DATABASE, MUST CLOSE THEIR DOORS AND SUSPEND OPERATIONS

Article 1. Retirement Fund Administrators, Public Institutions performing similar functions, Specialized Retirement Fund Investment Societies, and Companies Operating the National SAR Database, established anywhere in the Mexican Republic, must close their doors and suspend operations, in addition to Saturdays and Sundays, on January 1, February 5, March 19, 29, and 30, May 1, November 19, and December 25 of the year 2018.

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

Retirement Fund Administrators, Public Institutions performing similar functions, and Companies Operating the National SAR Database must keep online services consulted by 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 will suspend its activities, in addition to Saturdays and Sundays, on January 1, February 5, March 19, 29, and 30, May 1, November 2 and 19, and December 25 of the year 2018.

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 of the Retirement Savings Systems, as well as for the computation of deadlines for the delivery of information required in relation to such procedures followed before the National Commission for the Retirement Savings System, and other information requirements 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 preceding first provision, when it deems it necessary.

Pursuant to Articles 90, fractions I, XI, and XIII, and 94 of the Law of the 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 it necessary for the purpose of exercising its inspection powers, through the conduct of inspection visits.

Article 5. Retirement Fund Administrators, Public Institutions performing similar functions, Specialized Retirement Fund Investment Societies, and Companies Operating the National SAR Database may present 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 for in the preceding Article 1, in order to obtain, if applicable, the corresponding authorization, provided they justify such request.

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 will resolve doubts arising from the application of these general provisions, as well as cases of exception that must be recognized, and will issue measures it deems pertinent for the same purpose.

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

TRANSITORY PROVISIONS

FIRST.- These general provisions shall enter into force on January 1, 2018.

SECOND.- From the date of their entry into force, the "General Provisions Designating the Days in the Year 2017 on Which Retirement Fund Administrators, Public Institutions Performing Similar Functions, Specialized Retirement Fund Investment Societies, and Companies Operating the National SAR Database Must Close Their Doors and Suspend Operations," published in the Official Gazette of the Federation on November 30, 2016, are repealed.

THIRD.- Retirement Fund Administrators, Public Institutions performing similar functions, Specialized Retirement Fund Investment Societies, and Companies Operating the National SAR Database may present to the National Commission for the Retirement Savings System, by January 31, 2018, the draft calendar referred to in Article 5, in which they may include the days that their contracts or general labor conditions designate as non-working, as well as the days on which work is habitually not performed according to their practices and customs, which are not contemplated in Article 1 of these general provisions.

Mexico City, December 14, 2017.- The President of the National Commission for the Retirement Savings System, Carlos Ramírez Fuentes.- Signature.

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