Modification to the General Provisions on Operations of the Retirement Savings Systems

DOF: 21/04/2016

MODIFICATION to the General Provisions on Operations of the Retirement Savings Systems

At the margin, a seal with the National Coat of Arms, which says: United Mexican States.- Ministry of Finance and Public Credit.- National Commission of the Retirement Savings System.

MODIFICATION TO THE GENERAL PROVISIONS ON OPERATIONS OF THE RETIREMENT SAVINGS SYSTEMS

The President of the National Commission of the Retirement Savings System, based on what is provided in Articles 1, 2, 5 fractions I, II, III, IV, VI, VII, XIII bis and XVI, 12 fractions I, VI, VIII and XVI, 18, 18 bis, 19, 20, 21, 25, 26, 29, 30, 31, 36, 37, 37 A, 37 C, 39, 40, 41, 43, 47, 47 bis, 53, 57, 58, 59, 64, 64 bis, 64 ter, 65, 70, 74, 74 bis, 74 ter, 74 quáter, 74 quinquies, 76, 77, 78, 79, 80, 88, 89 90 fractions II, IV and XIII, 91, 99, 111 and 113 of the Law of the Retirement Savings Systems; 167, 175, 176, 177, 179, 181, 182, 187, 188, 191 fraction II, 192, 195, 198 and 200 of the Social Security Law; 2, 13, 21, 26, 64, 76, 77, 78, 83, 87, 91, 93, 97, 98, 100, 101, 102, 105 fraction VII, 106, 108 fraction II, paragraph c, 119 and 123 fraction II, as well as Fifth, Seventh, Tenth, Eleventh, Twenty-Second, Twenty-Fourth, Twenty-Fifth, Twenty-Sixth and Twenty-Seventh Transitional Provisions of the Decree by which the Law of the Institute of Security and Social Services for State Workers is issued; 1, 5 last paragraph, 29 fraction II, 34, 38, 40, 43, 43 bis and Eighth Transitional Provision of the Law of the National Housing Fund for Workers; 1, 14, 15, 16, 23, 25, 28, 29, 30, 31, 32, 33, 34, 35, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 59 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 106, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 139, 140 and 154 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 of the Retirement Savings System, has deemed it appropriate to issue the following:

MODIFICATION TO THE GENERAL PROVISIONS ON OPERATIONS OF THE RETIREMENT SAVINGS SYSTEMS

FIRST.- The ARTICLES 8, 9, 136, 137, 138, 141, 147, 148, 150, 168, 173, 177, 189, 342 and Annex D of the "GENERAL PROVISIONS ON OPERATIONS OF THE RETIREMENT SAVINGS SYSTEMS", published in the Official Gazette of the Federation on December 28, 2015, are MODIFIED, to read as follows:

" Article 8. Operating Companies, through a call center, must provide information services to both Administrators and Workers who request the following:

I.

Information about the Administrator managing their Individual Account, and if applicable, if their Individual Account is being managed as an assigned account, in which case they must inform them that they have the right to register with any Administrator;

II.

Information and advice on the operational processes of the retirement savings system, and

III.

Access to the call centers of the Administrators.

Operating Companies, within the first five business days of each month, must publish in two newspapers of national circulation the information regarding the telephone numbers that Workers can use to access the call center information, the data that must be entered for this purpose, and the service hours. "

" Article 9. Operating Companies must develop, administer and operate an Internet portal through which Workers can perform:

I.

The pre-request for the Registration of their Individual Account with the Administrator of their choice as provided in Article 147 of these provisions;

II.

The pre-request for direct debit for the deposit of Voluntary Savings contributions to the Administrator operating their Individual Account charged to a bank account as provided in Article 342 of these provisions;

III.

An automatic registration request as provided in Article 149 bis of these provisions, and

IV.

The printing of the certificate for Registration or Transfer referred to in Articles 137 and 138 of these provisions.

Operating Companies must send to the Administrators, Online and in Real Time, the result of the validations of the pre-requests and requests referred to in fractions I to IV above. This, in accordance with the validation criteria that Operating Companies establish for this purpose in the Transactional Procedures Manual. "

" Article 136. Administrators must make available to Workers who wish to register or transfer their Individual Account, through the Electronic Means defined by the Administrator, a request for a certificate for Registration or Transfer, as appropriate, so that Workers obtain the certificate for Registration or Transfer issued by the Operating Companies.

...

I to III. ...

IV.-

The option to send the password to obtain the certificate for Registration or Transfer. The sending of said password or, if applicable, the certificate, must be sent to the cell phone or address indicated in the request, as appropriate, in accordance with the Worker's choice for the sending of the information referred to in this article.

V.

...

Requests for a certificate for Registration or Transfer will be valid for five business days, from the date of signing.

... "

" Article 137. Administrators must send to the Operating Companies the information of the requests for a certificate for Registration or Transfer, so that the Operating Companies issue the corresponding password that allows Workers to obtain the certificate for Registration or Transfer.

...

...

...

Repealed. "

" Article 138. Administrators must inform Workers that they must obtain the Registration or Transfer certificate using the password they receive in accordance with what is provided in the previous Article 137.

For these purposes, Operating Companies must establish security criteria so that the Worker can access the Internet portal referred to in fraction IV of Article 9 above, with the password referred to in Article 137 above, their CURP and the information that Operating Companies establish for such purposes.

... "

" Article 141. Administrators must open Individual Accounts no later than two business days after the sending of the results of the certifications of the Registration and Transfer process referred to in Articles 149 bis, 160 and 189 of these provisions.

...

...

In the case of the registration of the Individual Account through the means referred to in fraction III of Article 9 and 149 bis of these provisions, Administrators must provide Workers with the services and procedures determined in these general provisions, once they receive the first voluntary contribution in their Individual Account. "

" Article 147. The pre-requests for Registration referred to in fraction I of Article 9 above and that are made available to Workers must contain the following information:

I. to VII. ...

...

...

...

..."

" Article 148. To process a Registration Request with the Operating Companies, Administrators must previously and invariably comply with the following requirements:

I. to V. ...

Administrators that opt for the use of the mobile computer application with Authentication Factor category 3 referred to in Annex B of these general provisions and that has been authorized by the Commission, may omit the procedure for the Request for a certificate for Registration and the obtaining of the Registration certificate referred to in fraction II paragraph a and III of this article. "

" Article 150. Administrators must prepare and make available to Workers the Registration Requests, through the Electronic Means they determine for this purpose, which must contain, at least, the following information:

I. to II. ...

III. Folio of the certificate for Registration or the folio that replaces it and that is generated by the Operating Companies through the mobile computer application with Authentication Factor category 3 referred to in Annex B of these general provisions and that has been authorized by the Commission;

IV. to VIII. ...

...

..."

" Article 168. To process a Transfer Request with the Operating Companies, Receiving Administrators must previously comply with the following requirements:

I. to IV. ...

V. Obtain from the Worker the original for comparison and the digitized image of the statement with the Statement Folio, in accordance with the following:

a

... .

b. ...

c. ...

VI. to VII. ...

VIII. Register and store a voice recording containing the Worker's manifestation in which they express their consent for the Transfer, in accordance with the characteristics established in the Transactional Procedures Manual.

Administrators that opt for the use of the mobile computer application with Authentication Factor category 3 referred to in Annex B of these general provisions and that has been authorized by the Commission, may omit the procedure for the Request for a certificate for Transfer, the obtaining of the certificate for Transfer, the Folio of the Statement and the digitized image of the same, as well as the Folio of the Certificate for Transfer referred to in fraction II paragraph a, III, V and VI of this article. "

" Article 173. Receiving Administrators must inform Workers that, to continue with the Transfer procedure, they must present the certificate on the implications of the Transfer issued by the Transferor Administrator, in which it is stated that they know and are aware of the implications of the Transfer of their Individual Account to another Administrator, when Workers are in any of the following situations:

I.

...

II.

...

a.

...

b.

...

III.

If the resulting balance from the sum of the Voluntary Savings sub-accounts is greater than one hundred twenty current daily minimum wages in the Federal District;

IV.

If the Worker's Individual Account, prior to processing the Transfer, has the Recertification attribute in the National SAR Database, and

V.

If the Individual Account belongs to those Workers who have the right to choose the pension regime established under the Social Security Law 73. The foregoing, in order to establish information and protection measures for the interests of Workers and that also promote informed decisions regarding the exercise of their rights related to their Individual Account.

The certificate of implications referred to in this fraction will be required only when the Transferor and Receiving Administrators have obtained the authorization referred to in Article 177 Bis. "

" Article 189. Operating Companies must certify the information and elements contained in the Transfer Requests they receive, as well as validate the existence of the Worker's Identification File, the Promoter Agent's, and the Administrator's official, prior to comparing them with the information contained in the National SAR Database, and will be responsible for ensuring that the certification processes are carried out in accordance with what is provided in the Law, its Regulations and these general provisions, considering at least the following:

I. to VII. ...

VIII.

If applicable, that they have presented the certificate on the implications of Transfer referred to in Article 177 fraction V.

IX.

That the Transfer Request is valid at the time of requesting the certification, and

X.

The validations that the Commission establishes for this purpose.

...

...

a.

...

b.

...

..."

" Article 342. For the purposes of what is provided in fraction II of Article 9 above, Operating Companies must send to the Administrators, Online and in Real Time, the pre-requests for direct debit of Workers who are registered and the status of the same.

Administrators must formalize a collaboration agreement with multiple banking institutions that allows Workers to carry out the direct debit of their contributions charged to a bank account. "

" ANNEX D

CATALOGS OF INFORMATION AND PERSONAL IDENTIFICATION IN THE RETIREMENT SAVINGS SYSTEMS

Section A

Catalog of official identifications

Administrators must take as valid identifications:

A.

For adults, with photo and signature:

I.

Passport;

II.

Corresponding migratory document;

III.

Voting credential, issued by the INE;

IV.

Professional ID, issued by the Ministry of Public Education;

V.

National Military Service Card, or

VI.

Consular Matricula.

B.

For minors, with photo and signature or fingerprint:

I.

Passport;

II.

Corresponding migratory document;

III.

Credential issued by the National Educational System, or

IV.

Personal Identity Card.

... "

SECOND.- ARTICLES 149 bis and 177 bis of the "GENERAL PROVISIONS ON OPERATIONS OF THE RETIREMENT SAVINGS SYSTEMS", published in the Official Gazette of the Federation on December 28, 2015, are ADDED, to read as follows:

" Article 149 bis. Administrators, through the Internet portal referred to in fraction III of Article 9 of these provisions or through the mobile computer application with Authentication Factor category 3 referred to in Annex B of these general provisions and that has been authorized by the Commission, must make available to Workers who are not registered with an Administrator, an automatic registration request, which must contain at least the following information and elements:

I.

Personal data of the Worker, considering at least:

a.

Full name of the Worker;

b.

CURP of the Worker;

c.

Private and/or work address, considering the data of the street, exterior and interior number, if applicable, neighborhood, municipality or delegation, city or town, postal code, federal entity and country in accordance with Annex "D", Section "B", of these general provisions;

d.

Contact phone:

i.

landline, if applicable, and

ii.

and/or cell phone.

e.

Email address;

f.

Data of the Beneficiaries, if applicable, considering at least:

i. Full name;

ii. Kinship;

iii. CURP;

iv. Percentage assigned to each Beneficiary, which must invariably sum 100%, and;

g.

The others that the Commission determines for this purpose.

II.

The image of the Worker's official identification, in terms of what is established in the identification catalog provided in Annex "D", Section "A", of these general provisions;

III.

A digital photograph of the Worker, in accordance with the characteristics of the photograph provided in Annex "D", Section "F", of these general provisions, and

IV.

Administrator with which they wish to register their Individual Account.

In the case of the automatic registration request completed on the Internet portal referred to in fraction III of Article 9 of these provisions, Operating Companies must request that the Worker enter a folio generated through the mobile computer application with Authentication Factor category 3 referred to in Annex B of these general provisions and that has been authorized by the Commission.

Operating Companies must validate, online and in real time, the information and elements contained in the automatic Registration requests in accordance with the validation criteria that Operating Companies establish for this purpose in the Transactional Procedures Manual.

Operating Companies must inform Administrators of all automatic Registration requests they receive from Workers, no later than the next business day after such requests are received in accordance with the technical criteria they establish for this purpose.

Operating Companies must certify the information and elements contained in the automatic Registration requests in accordance with what is provided in the Law, its Regulations and these general provisions, considering the validation criteria that Operating Companies establish for this purpose in the Transactional Procedures Manual, on the same day that the Individual Account receives a first Voluntary Savings contribution greater than twenty pesos. Likewise, Administrators must carry out the account opening as provided in the previous Article 141.

In the case of workers assigned to an Administrator or Service Provider, the Administrator cannot carry out the opening of the individual account referred to in the previous paragraph, nor the settlement of the resources referred to in the penultimate paragraph of this article, until the Individual Account has registered voluntary contributions up to 600 pesos.

Administrators and Operating Companies must establish procedures for the exchange of information that allows carrying out what is provided in the previous paragraph.

If applicable, Administrators, Service Providers and Operating Companies must carry out the settlement of resources in accordance with what is provided in Chapter III, Section IV of these provisions. "

Administrators may use electronic or mobile applications to make available to Workers who register in terms of what is established in this article, the statement referred to in Article 265 of these general provisions, to which they must access with their CURP, email address and cell phone number provided by the Worker for this purpose, as well as the security measures that Administrators consider necessary.

" Article 177 bis. Administrators may request authorization from the Commission to require and issue the certificate of implications referred to in fraction V of Article 177 of these general provisions. The authorization, if granted, will be valid for three years, and may be renewed for equal periods. Once granted, it will be considered definitive and can only be revoked by the Commission.

The Commission will have a period of 10 business days to resolve the authorization requests presented for this purpose.

Administrators that obtain the authorization of this article may only require or issue the certificate of implications referred to in fraction V of Article 177 of these provisions, to Administrators that also have this authorization.

The Commission will notify Operating Companies and Administrators that have the authorization referred to in this article, so that they can operate between them the issuance and receipt of the certificate of implications referred to in fraction V of Article 177 of these provisions. " .

TRANSITIONAL

SINGLE.- These modifications will enter into force on the first business day of the month of July 2016, with the exception of the modifications and additions referred to in Articles 177, 177 bis and 189, which will enter into force on the first business day of the month of May 2016.

With the entry into force of these modifications, all those provisions that contravene these are abrogated.

Mexico City, April 13, 2016 .- The President of the National Commission of the Retirement Savings System,

Carlos Ramírez Fuentes .- Rubric.

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