Instruction No. SP 01/2002 on the Request for Review of Work History in the Public Pension System

SSP
INSTRUCTIVO No. SP 01/2002
ON THE REQUEST FOR REVIEW OF WORK HISTORY IN THE PUBLIC PENSION SYSTEM.
Approval: 29/04/2002
Validity: 29/04/2002

The Superintendent of Pensions, in the exercise of the legal powers contemplated in Article 13, literal b) of the Organic Law of the Superintendent of Pensions, ISSUES:

INSTRUCTIVO No. SP 01/2002
ON THE REQUEST FOR REVIEW OF WORK HISTORY IN THE PUBLIC PENSION SYSTEM

CHAPTER I
OBJECT AND LEGAL BASIS

OBJECT
This Instruction aims to establish the procedure for affiliates of the Public Pension System and the Pension Savings System to request a review of their respective Work History reports registered in the Salvadoran Social Security Institute (ISSS) and/or the National Institute of Pensions for Public Employees (INPEP).

LEGAL BASIS
Article 5, literal u) of the Organic Law of the Superintendent of Pensions, establishes as a responsibility of said Institution, to issue technical norms that facilitate the application and execution of the Law and its respective regulations, within the powers expressly conferred by the Laws, for the functioning of the entities under its control.

CHAPTER II
TERMINOLOGY

AFP: Pension Fund Administration Institution
CT: Transfer Certificate
CIP: Personal Identity Card
DUI: Unique Identity Document
HL: Work History
IBC: Base Contribution Income
Pension Institution: AFP, ISSS, or INPEP
Pension Institute: ISSS or INPEP
INPEP: National Institute of Pensions for Public Employees ISSS: Salvadoran Social Security Institute Law: Law on the Pension Savings System NIT: Tax Identification Number NUP: Unique Pension Number SAP: Pension Savings System SPP: Public Pension System

SSP
INSTRUCTIVO No. SP 01/2002
ON THE REQUEST FOR REVIEW OF WORK HISTORY IN THE PUBLIC PENSION SYSTEM.
Approval: 29/04/2002
Validity: 29/04/2002

Superintendence: Superintendent of Pensions

CHAPTER III
ON THE WORK HISTORY REPORT

Of Affiliates to the SPP
Affiliates to the SPP or their beneficiaries who request a pension in accordance with what is established in the Law, must previously request their HL report from the ISSS or the INPEP in order to review the times and salaries contributed that will serve as the basis for the calculation of their benefits. Similarly, affiliates who wish to contribute voluntarily must request their HL report to review it and determine the period for which they must contribute to access a benefit.

Of Affiliates to the SAP
Affiliates to the SAP who have the right to request their CT must request from the AFP where they are affiliated, the HL of the time they contributed in the Pension Regime of the ISSS and/or INPEP, to review the times and salaries reported, which will serve as the basis for the calculation of their CT.

CHAPTER IV
ON THE REQUEST FOR REVIEW OF WORK HISTORY

If the affiliate to the SAP or the SPP or their beneficiaries, do not agree with the information recorded in the HL report, they must go to the Pension Institution where they are affiliated, to request the review of said report. For this, the affiliate must complete the form “Request for Review of Work History in the Public Pension System”, whose format is specified in this Instruction. Affiliates to the SAP will have one year from the receipt of the HL report to submit, through the AFP, the request for review of HL to the corresponding Institute. The Pension Institutions must provide advice to the affiliate regarding the review of their HL report and the documents they must present to prove the periods of service that do not appear credited or that present erroneous information. Likewise, the Pension Institutions must help the interested party fill out the request for review of HL, trying to complete the data detailed in it. However, if the affiliate does not have sufficient information to fill out the request, it will be sufficient to complete what refers to the identification of the affiliate and the missing periods, which does not exempt the ISSS or INPEP from carrying out the search for the corresponding contributions.

Notwithstanding the above, if the affiliate requests the review of contributed salaries, they must specify, in the HL report, next to the claimed month, the amount of the correct salary. Such report must be attached to the request for review of HL. Affiliates, in order to facilitate the search for information and reduce the response time on the part of the ISSS or INPEP, may present documentary evidence of the claimed periods, as established in the respective Regulation.

CHAPTER V
ON THE EXCHANGE OF INFORMATION

Of Affiliates to the SPP
The affiliate must return the request for review of HL and the supporting documentation, if any, to the Pension Institute that issued their report.
If the affiliate who contributed to the ISSS and the INPEP requests the review of contribution periods in both Institutes, they must return the request to the Pension Institute that issued the report, who in turn must send a copy to the other Institute, along with the supporting documentation corresponding to them, no later than three business days after receiving said request. Notwithstanding the above, the Pension Institutes may develop mechanisms for joint resolution of requests for review of HL. The exchange of information between Pension Institutes may be, in addition to documentary, by electronic or magnetic means.

Of Affiliates to the SAP
The AFP must send to the ISSS or the INPEP, the requests for review of HL along with the documentary evidence, if any, no later than three business days after receipt. The sending may be effected, in addition to documentary, in electronic or magnetic media. If the affiliate requests the review of contribution periods in the ISSS and in the INPEP, the AFP must send the request for review of HL, to the Pension Institute responsible for issuing the CT. Likewise, said Institute must send to the other, a copy of the request along with the corresponding evidence. The AFP must archive a copy of the request in the affiliate's file.

SSP
INSTRUCTIVO No. SP 01/2002
ON THE REQUEST FOR REVIEW OF WORK HISTORY IN THE PUBLIC PENSION SYSTEM.
Approval: 29/04/2002
Validity: 29/04/2002

CHAPTER VI
ON THE FORM FOR THE REQUEST FOR REVIEW
OF WORK HISTORY IN THE SPP

The format of the “Request for Review of Work History in the Public Pension System” is established in Annex 1 of this Instruction and consists of the following parts:

1. Header
   Reflects the name of the request and the logo of the Pension Institution issuing the form.
   In the header, the number of the form is specified, which must be consecutive, composed of ten spaces, the first three corresponding to the code assigned by the Superintendence to identify the Pension Institution issuing the form and the remaining seven, corresponding to the consecutive numbering. Likewise, in the header, the NUP, the ISSS number, and the INPEP enrollment number of the affiliate are specified. If the affiliate does not have their NUP, they must manage it prior to submitting the request. If the affiliate has two or more INPEP enrollment numbers, or two or more ISSS affiliation numbers, they must record in the space designated for it, the number with which they obtained their NUP, specifying in the observations area, the additional numbers.

2. Identification of the affiliate
   The information recorded in this section must be consistent with the DUI or the CIP if it is valid.
   If the affiliate has three names, the second and third names must be recorded in the field designated for the second name.
   If the affiliate has more than one name by which they are known, these must be recorded in the observations area.
   The date of birth must be recorded in ddmmyy format.
   If the affiliate is Salvadoran, they must register their DUI or CIP and the NIT if they possess it. If they are foreign, they must register their passport number or residence card.

SSP
INSTRUCTIVO No. SP 01/2002
ON THE REQUEST FOR REVIEW OF WORK HISTORY IN THE PUBLIC PENSION SYSTEM.
Approval: 29/04/2002
Validity: 29/04/2002

3. Notification address and telephone
   In this section, the address and telephone where the affiliate wishes to be contacted for any notification must be registered. Additionally, they may register their email address or fax, if they possess them.

4. Reason for the Request
   The reasons for filling out the request for review of the HL are:
   a) To initiate the procedure for benefits either for old age, disability, or survival in the SAP and the SPP, as established in the Law and its regulations; b) To request authorization for voluntary contribution, in which case it must be specified in the space designated for “Other reason”.

5. Work Background
   In this section, the type of labor contracting under which the affiliate contributed must be specified, depending on whether they contributed to the ISSS, the INPEP, or both. Likewise, if it is an affiliate to the SPP, they must specify whether they are retired.

6. Periods worked and not appearing in their Work History
   In this section, the affiliate must specify the periods contributed in the public or private sector, the subsidies for incapacity, or the voluntary contributions, that do not appear in the HL report. If the space designated to record the periods to review is insufficient, a sheet with the remaining periods may be attached to the request. Such annex must be referenced in the observations area. In the case of private sector contributions, the affiliate may detail the Employer Number, if they possess it. In the public sector, the affiliate may specify the branch, department, project, position, or payroll number (in the case of daily wages). If the affiliate has documentary evidence of the periods subject to review, they must attach them to the form, referencing this situation, in the observations area.

7. Employers with whom the affiliate has not worked
   Here, the employers and periods that appear registered in the HL but do not correspond to the affiliate must be specified.

SSP
INSTRUCTIVO No. SP 01/2002
ON THE REQUEST FOR REVIEW OF WORK HISTORY IN THE PUBLIC PENSION SYSTEM.
Approval: 29/04/2002
Validity: 29/04/2002

8. Observations
   In this section, any comment or important observation that serves to clarify the information provided or to detail the content of the annexes must be recorded.

9. Reception Data
   In this section, the affiliate will sign or stamp their fingerprint if they do not know how to sign, and will also declare the validity of the information provided.
   It must also register the name and signature of the person designated to receive the requests for review of the HL, the corresponding seal of the Institution receiving it, as well as the place and date of reception.

CHAPTER VII
FINAL PROVISIONS

The beneficiaries of a deceased affiliate will have the same right to request the review of the HL.
The Pension Institutes must resolve the requests for review of the HL corresponding to the affiliates to the SAP and SPP, as provided in the corresponding regulations. Once the request is resolved, said Institutes must reissue the HL of the affiliate. Any aspect not contemplated in this Instruction will be resolved by the Superintendence, in accordance with the provisions contained in the Law and its regulations and instructions. The annex is an integral part of this Instruction. This instruction will enter into force from the date of its authorization.

SUPERINTENDENCE OF PENSIONS, San Salvador, on the twenty-ninth day of the month of April of the year two thousand two.

JOSÉ ENRIQUE SORTO CAMPBELL
SUPERINTENDENT OF PENSIONS