2017-07-04 | DOF 5488882Added
The National Retirement Savings System Commission amends the General Provisions to establish new operational processes for accessing retirement resources, including the implementation of electronic pre-requests for marriage assistance, partial retirement due to unemployment, and full account balance withdrawals via the E-SAR platform. The regulation introduces new definitions for biometric signatures and mobile registration, lowers the minimum deposit requirements for mobile account opening to $200 for assigned workers and $20 for non-affiliated workers, and mandates annual contact with workers aged 60 and older regarding their pension options. It also modifies authentication requirements for the E-SAR, requiring Category 2 authentication for specific high-value transactions and establishing new service codes for biometric enrollment and unique service keys.
DOF: 04/07/2017
MODIFICATIONS AND ADDITIONS TO THE GENERAL PROVISIONS ON OPERATIONS OF THE RETIREMENT SAVINGS SYSTEMS
At the margin, a seal with the National Coat of Arms, which reads: United Mexican States.- Ministry of Finance and Public Credit.- National Commission of the Retirement Savings System.
MODIFICATIONS AND ADDITIONS 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, 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, subsection 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, and
CONSIDERING
That in terms of the Agreement for Economic Strengthening and Protection of the Family Economy of January 9, 2017, the Government of the Republic, together with business, union and agricultural producer organizations, in the context of adverse and uncertain international conditions, reached the consensus to strengthen all those measures that would contribute to the economic and social stability of the country, investment, employment, income and well-being of Mexican families;
That among the commitments adopted, within the framework of the celebration of said Agreement, is the one related to carrying out an information and facilitation campaign for the delivery of resources of the retirement savings system to adults over 65 years of age who have not received them and who have that right;
That by the beginning of 2017, around 3 million individual accounts that have contributed to the Mexican Social Security Institute (IMSS) were identified, which correspond to Workers over 65 years of age who still have resources in the Retirement 92 and Housing 92 subaccounts, which in terms of the applicable regulations, are available to be delivered to the Workers;
That with the aim of making effective the exercise of the Workers' rights to dispose of those resources, recognizing in this way the work trajectory as well as the contributions made, this Commission, as the regulator of the Retirement Savings Systems, with the objective of favoring the efficient compliance with the aforementioned Agreement, in coordination with the involved entities and the Participants of the Retirement Savings Systems, in order to allow Workers simplified, prompt and expeditious access to the aforementioned resources, for the integral benefit of family economies, considers it necessary to implement a new operational process to achieve that objective;
That to promote more informed and conscious decisions among Workers regarding the administration of their Individual Account, derived from practical experiences shared by Participants in the Retirement Savings Systems, as well as from the supervision activities of this Commission, the certificate on the implications of the Transfer has proven to be an effective means of promoting financial culture, constituting a useful instrument to raise awareness among the Worker regarding the relevance of assuming better-informed decisions, and the way in which these directly impact the construction of their pensionary patrimony;
That based on the favorable experiences observed by this Commission and with the aim of facilitating the effective exercise of the rights of Workers susceptible to requiring the Certificate on the implications of the Transfer, it is considered necessary that said process be carried out through electronic means, which also allows reducing costs for both applicants and Participants of the Retirement Savings Systems;
That it is necessary to promote to a greater extent the registration of Workers whose Individual Accounts are assigned to an Afore, so it is necessary to reduce the amount required to carry out Mobile Registration and opening of an Individual Account, taking advantage of the information technologies available for such effect;
That with the aim of reducing administrative costs for Afores and for workers, it is considered necessary to implement a scheme for pre-request for disposal of resources for assistance for marriage expenses, Partial Retirement due to Unemployment and the other cases in which the total balance of the individual account is disposed of, which is supported electronically in the E-SAR, which will save costs and attention times.
That to continue with the full development of the implementation of Biometric Signature as a means that attests to the will and allows corroborating the identity of Workers, it is necessary to make conceptual clarifications that provide greater certainty to them and to the Participants of the Retirement Savings Systems;
That with the aim of reducing administrative burdens and reducing the costs associated with procedures carried out before this Commission, for the benefit of the Retirement Savings System and the participants in it, it is considered necessary to implement the reduction of response times for the procedures for Registration of Powers, Registration and update in the registry of authorized users to operate the SIE and Authorization to operate Electronic Means with Authentication Factor category 3; has seen fit to issue the following:
MODIFICATIONS AND ADDITIONS TO THE GENERAL PROVISIONS
ON OPERATIONS OF THE RETIREMENT SAVINGS SYSTEMS
FIRST.- Articles 1, with fractions XXVIII bis, LIII bis and CXXX Bis; 8, with fractions IV and V; 9, with fractions VII, VIII and IX, and with a third and a fourth paragraph; 23 bis; 189 with fraction IX, moving the current IX, X, XI, XII, and XIII to become X, XI, XII, XIII and XIV; 210 with fraction V, moving the current V to become VI; 387 bis; 406 bis; 406 ter; 406 quáter; 423 with a last paragraph; 424, with fractions I, II, IV and V, moving the current I, II and III to become III, VI and VII respectively; 426 with a last paragraph; 427 with a third paragraph; Annex B, fraction II with a last paragraph, and Annex O; Articles 1, fractions LXVI and CXV bis; 8, first paragraph, fractions I, II and III; 9, first paragraph, fractions III, IV, V and VI and second paragraph; 14, first and second paragraphs; 16 second paragraph; 149 bis, first paragraph, fractions I and II; 149 bis B, fraction III, subsections a. and b., and second paragraph; 149 bis D, first paragraph; 177 first paragraph, fractions II in its subsections a. and b, and fraction III; 178, second paragraph; 180; 189, fraction VIII; 193, first and second paragraphs; 210 fraction IV and second paragraph; 214 first paragraph; 226 second paragraph; 234; 386, second paragraph; 406, fraction II and last paragraph; 407, second paragraph; 408; 419 first paragraph; 423 fraction V; 424, fraction II current first paragraph; 425 first paragraph; 426 first paragraph; 427, third paragraph current; 428 first paragraph; 463 third paragraph; 468, sixth paragraph, and Annex B fraction III last paragraph; as well as Articles 9, fraction III moving the current fractions IV, V, VI and VII to become III, IV, V and VI and 149 bis, fraction III, of the "General Provisions on operations of the Retirement Savings Systems", published in the Official Gazette of the Federation on December 28, 2015, modified and added through publications in the same Official Gazette of the Federation of April 21, June 29, August 25, and October 18 all of 2016, to remain in the following terms:
" Article 1. For the purposes of these general provisions, in addition to the definitions indicated by Articles 3 of the Law of the Retirement Savings Systems and 2 of the Regulations of said Law, it will be understood as:
...
XXVIII bis.
Unique Service Key, the unique code that Operating Companies assign to each pre-request or service request made by Workers through the E-SAR, which will be created based on the guidelines, criteria and characteristics that Operating Companies determine for such effect in the Transactional Procedures Manual;
...
LIII Bis.
Biometric Enrollment, the biometric elements of an individual, captured by Administrators in Electronic Means and stored by Operating Companies in the Electronic File, to carry out the authentication of the identity of the Worker, officials and employees of the Administrators that correspond, in accordance with the criteria and guidelines established in the Transactional Procedures Manual;
...
LXVI.
Biometric Signature, the signature that a person makes through the impression of their biometric elements, captured and stored in Electronic Means, which attest to their will and allow corroborating their identity in the Retirement Savings Systems, through the recognition of unique biometric characteristics registered in the Biometric Enrollment, either through fingerprint or voice recognition.
...
CXV bis.
Unique Biometric Seal, the data chain generated and assigned by Operating Companies to each Biometric Signature by which the biometric identity of the Worker, officials and employees of the Administrators that correspond is verified in accordance with the Biometric Enrollment registered in the National SAR Database.
... "
" Article 8. Operating Companies, through a telephone call center, must provide, both to Administrators and to Workers, the following services:
I.
Information on the Administrator that manages the Worker's Individual Account and, if applicable, if said Account is being managed on an assigned basis, and, if applicable, inform the Worker that they have the right to register with any Administrator;
II.
Information and advice on the operational processes of the retirement savings system;
III.
Transfer of calls to the telephone call centers of the Administrators;
IV.
Service for activating certificates on the implications of the Transfer referred to in Article 180 of these general provisions, and
V.
Information and advice on the services and procedures offered through the E-SAR and the Mobile Application.
... "
" Article 9. Operating Companies must develop, administer and operate the E-SAR, through which the following services will be provided to Workers or their beneficiaries when applicable:
I. and II. ...
III.
The request for printing of the certificate for Registration or Transfer referred to in Articles 137 and 138 of these provisions;
IV.
Pre-request for transfer or retention of the resources of their Individual Account in the different Investment Societies operated by the Administrator managing their account, in accordance with what is provided in Title Six, Chapter IV "On the Choice of Investment Societies", Section II "On the Choice of Investment Societies by Workers" of these general provisions;
V.
Request for capture lines for the payment of quotas and contributions, as well as the deposit of Voluntary Savings made in accordance with the guidelines and validation criteria established in the Transactional Procedures Manual;
VI.
Request for re-sending of password to the Worker, for obtaining the certificate for Registration or Transfer referred to in Article 136 of these provisions, provided that it is to the same cell phone number provided by the Worker in the request for certificate for Registration or Transfer; in accordance with what is provided in the Transactional Procedures Manual;
VII.
Request for the certificate on the implications of the Transfer referred to in Article 180 of these general provisions;
VIII.
Pre-request for disposal of resources for assistance for marriage expenses or Partial Retirement due to Unemployment referred to in Article 419 of these general provisions, and
IX.
Pre-request for disposal of resources referred to in Article 406 of these general provisions.
Operating Companies must send to Administrators, in accordance with the information exchange and validation criteria they establish for such effect in the Transactional Procedures Manual, the pre-requests and requests referred to in fractions I to IX above no later than the next business day after having been entered in the E-SAR.
Operating Companies, in accordance with the technical and security criteria established for such effect in the Transactional Procedures Manual, must implement mechanisms through the E-SAR to carry out the following:
a)
Authenticate the identity of Workers who enter the E-SAR with the Category 2 authentication Factor referred to in fraction II of Annex B of these general provisions; such authentication will only be applicable for those services related to the issuance of the certificate on the implications of the Transfer, disposal of resources for assistance for marriage expenses, Partial Retirement due to Unemployment and the disposal of resources referred to in Article 406 of these general provisions, as well as for those services that require a minimum level of authentication in terms of the Transactional Procedures Manual;
b)
Carry out the corresponding validations to corroborate that the Worker can carry out the processing of the service in question, for which it must resort to the information available in the National SAR Database and, if applicable, establish mechanisms for information exchange with Administrators or Security Institutes to obtain the data necessary for it;
c)
Locate offices, branches or Specialized Units of the Administrator based on information provided by the Worker;
d)
Present in coordination with Administrators, a calendar for the Worker to select the day and approximate time in which they will attend the office, branch or Specialized Unit of the Administrator to continue with the pre-request or request for the service that had been processed, provided that said service so requires; each Administrator will be responsible for administering the information displayed by the calendar in accordance with the information exchange criteria established by Operating Companies;
e)
Generate and inform the Worker of the Unique Service Key for each pre-request or service request made in the E-SAR, and
f)
Send an electronic quality survey on the service each time the Worker uses any of the services offered by the E-SAR; said survey will be defined by the Commission.
Operating Companies must maintain auditable records and make available to the Commission the information generated from the pre-requests and service requests referred to in fractions I to IX above and the mechanisms specified in the previous paragraph. "
" Article 14.
...
Administrators must inform Workers of the procedures that, if applicable, they must carry out with respect to their Individual Account before starting the procedure for their pension. This information can be provided to Workers through Electronic Means, by telephone, in their Specialized Units or any other form established in their Policies and Procedures Manuals, respecting at all times the Worker's will regarding how they want to receive information related to their Individual Account.
At least once a year, Administrators must contact Workers who are 60 years of age or older, in order to inform them of the characteristics of their Individual Account, the withdrawal options they have and the procedures they must carry out to obtain the pension that corresponds to them, if applicable. When the Worker is 65 years of age or older, the Administrator in question must communicate to the Worker that, if applicable, they have resources that they can dispose of in accordance with what is established in Article 408 of these general provisions. "
" Article 16.
...
Such documents, with the exception of the Biometric Signature and the other biometric elements, captured and stored through Electronic Means, must be kept available to the Commission for its supervision, and to Workers for their consultation during the time they administer the Individual Account and for a minimum period of ten years after the conclusion of said administration.
... "
" Article 23 bis. Operating Companies must generate and send to the Administrator in question, a Unique Biometric Seal each time the Worker provides their Biometric Signature, for any of the services referred to in Article 209 of these general provisions, in accordance with the criteria, guidelines and exceptions established in the Transactional Procedures Manual. "
" Article 149 bis. Administrators, through the Mobile Application, must prepare and make available to Workers the request for Mobile Registration, which must contain at least the following information:
I.
Personal data of the Worker referred to in fraction I of Article 149 bis D below, and
II.
Administrator in which they wish to register their Individual Account. In the case where the Worker makes the request for Mobile Registration, only those Administrators that have the service enabled by the Operating Company will be shown.
...
... "
" Article 149 bis B.
...
I.
...
II.
...
III.
...
a.
At least $ 200.00 (two hundred pesos 00/100 M.N.), when it comes to assigned Workers, and
b.
At least $20.00 (twenty pesos 00/100 M.N.), when it comes to Non-Affiliated Workers.
IV.
...
Administrators may use the Mobile Application to make available to Workers who register in terms of what is established in this article, the statement of account referred to in Article 265 of these general provisions. "
" Article 149 bis D. Administrators, through the Mobile Application, must form the Worker's Mobile File, which must contain the following data and elements:
I. to III. ...
... "
" Article 177. Receiving Administrators must inform Workers that, to continue with the Transfer procedure, the Transferring Administrator must issue in their favor the certificate on the implications of the Transfer, 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 cases:
I. ...
II. ...
a.
It is greater than twenty units of measurement and update in force, when the accumulated balance in the IMSS RCV Subaccount and ISSSTE RCV, as applicable, is less than or equal to four thousand units of measurement and update in force, or
b.
It is equal to or greater than zero point five percent of the accumulated balance in the IMSS RCV Subaccount and ISSSTE RCV, as applicable, when said balance is greater than four thousand units of measurement and update in force;
III.
If the resulting balance from the sum of the Voluntary Savings subaccounts is greater than one hundred twenty units of measurement and update in force;
IV and V. ... "
" Article 178.
...
The certificates on the implications of Transfer issued by Transferring Administrators must comply with the format determined for such effect by the Commission, and which will have a validity of forty-five calendar days, from the date of issuance. This is without prejudice to the fact that Workers can request a new certificate from the Transferring Administrators. "
" Article 180.- For the issuance of the certificates on the implications of the Transfer referred to in Article 177 of these provisions, Operating Companies and Transferring Administrators must coordinate to keep the service for requesting the certificate on the implications of the Transfer enabled, subject to the following:
I.
Operating Companies must make available to Workers, in accordance with the guidelines established in the Transactional Procedures Manual, the service to request the certificate on the implications of the Transfer through the E-SAR, for which they must:
a.
Authenticate the identity of Workers who request the certificate on the implications of the Transfer through the E-SAR with the Category 2 authentication Factor referred to in fraction
II of Annex B of these General Provisions;
b.
Inform the Worker, Online and in Real Time, the means by which they will obtain the
Certificate on Transfer Implications in accordance with the scenarios described in fraction III
of this article;
c.
If applicable, show the Worker a calendar so they can select the approximate day and time
at which they will go to the office, branch, or Specialized Unit of the respective Transferring Administrator
to receive their Certificate on Transfer Implications;
d.
Notify the Transferring Administrators of the information regarding the requests for Certificate
on Transfer Implications, no later than the next business day following its entry into the E-SAR, and
e.
Receive from the Workers notices in which they state that they have not received the Certificate
on Transfer Implications at their home or email address in accordance with the scenarios
described in fraction III of this article.
II.
The Operating Companies must send an email to the Worker, with
a document that proves that the request for the Certificate on
Transfer Implications via E-SAR was processed, in accordance with the format and texts defined by the Commission for such
effect, and which must include at least the following information:
a.
Unique Service Key of the Request for Certificate on Transfer Implications, which
will be created based on the guidelines, criteria, and characteristics for such effect
determined by the Operating Companies in the Transactional Procedures Manual;
b.
Conditions for the use of the Certificate on Transfer Implications;
c.
Instructions to obtain and, if applicable, activate the Certificate on Transfer Implications, and
d.
When so determined by the respective Transferring Administrator, announcements, surveys,
promotional videos on Voluntary Savings and pension financial education, or any other
type of advertising information determined by the Administrator, in compliance with what is provided in the
applicable regulations.
III.
The Transferring Administrator must deliver the Certificate on
Transfer Implications to the Workers in accordance with the following scenarios:
a.
If the address provided by the Worker when requesting the Certificate on Transfer Implications
in the E-SAR does not correspond to a Metropolitan Area where the Administrator has
offices, branches, or Specialized Units, the Transferring Administrator must send the
Certificate on Transfer Implications, either to the home address or email address that the
Worker had provided via the E-SAR, within a period not exceeding seven business days
counted from when the Worker makes the request via the E-SAR. The Administrator
determines whether the Certificate will be sent to the home address or the email address.
b.
If the address provided by the Worker when requesting the Certificate on Transfer Implications
in the E-SAR corresponds to a Metropolitan Area where the Transferring Administrator
has offices, branches, or Specialized Units, the Transferring Administrators must
deliver the Certificate on Transfer Implications at the offices, branches, or Specialized
Units of said Administrators within a period not exceeding seven business days
counted from when the Worker makes the request via the E-SAR.
For the case referred to in subsection "b" above, when the Transferring Administrator
is unable to deliver the Certificate on Transfer Implications within the
first seven business days from the day the Worker makes the request via the
E-SAR, due to availability of days and schedules, it must send the Certificate, either to the
home address or email address that the Worker had provided, within a period not exceeding
seven business days counted from when the Worker makes the request via the E-SAR.
The Administrator determines whether the Certificate will be sent to the home address or the email address.
For the cases referred to in subsection "a" of this article, or in the event that the
scenario described in the previous paragraph occurs, the Transferring Administrators must maintain
evidence that allows them to corroborate that they delivered the Certificate on Transfer Implications
to the home address or email address provided by the Worker in the E-SAR and must
inform the Operating Company of the result of the delivery of said Certificate in accordance with the
guidelines established for such effect in the Transactional Procedures Manual.
In any case, the Worker may choose in the E-SAR to go to a branch to obtain the
Certificate on Transfer Implications, if they so desire.
IV.
When the Transferring Administrator delivers the Certificate on
Transfer Implications to the Worker at its offices, branches, or Specialized Unit in terms of the
previous fraction, that Administrator must:
a.
Request the Unique Service Key from the Worker and validate that it is active;
b.
Authenticate the official or employee of the Administrator who intervenes in the delivery of the
Certificate on Transfer Implications, both with the information contained in their Electronic
File, and with their Biometric elements, and
c.
Ensure that the immediate delivery of the Certificate is not conditioned in any way once the
point in subsection a above has been attended.
In the event that the delivery of Certificates has been successful, the Operating Companies must
activate said Certificates immediately.
V.
When the Transferring Administrator carries out the delivery of the Certificate on
Transfer Implications at the Worker's home address or email address, in accordance with
what is established in the previous fraction III, the Administrator must request the Worker to
activate their Certificate through the telephone service center made available by the
Operating Companies in accordance with the technical criteria and guidelines established in the
Transactional Procedures Manual.
For this purpose, the Operating Companies must:
a.
Request the Unique Service Key from the Worker and validate that it is active;
b.
Authenticate the identity of the Workers with the Authentication Factor category 1 referred to
in fraction I of Annex B of these General Provisions;
c.
Confirm the Worker's willingness to activate their Certificate on Transfer Implications;
d.
Record telephone calls and maintain a record in the service file of
Certificate activation; and
e.
Inform the Transferring Administrators, Online and in Real Time, regarding the Certificates
on Transfer Implications that have been activated by the Workers through the
Telephone Service Center.
VI.
For the cases referred to in subsection e of the previous fraction I, the Operating Companies,
in accordance with the guidelines established in the Transactional Procedures Manual,
must:
a.
Request the worker to corroborate through the E-SAR, the data of their request for the
Certificate on Transfer Implications and their contact information, both phone numbers and
e-mail address, and
b.
Inform the Transferring Administrators of the notifications made by the
Workers, no later than the next business day following its entry
into the E-SAR;
The Transferring Administrators must resend the Certificate on
Transfer Implications no later than the second business day after receiving the notification from
the Operating Companies.
The Transferring Administrators may contact the Workers, within the
two business days referred to in the previous paragraph, to corroborate their identity, their willingness
to obtain the Certificate on Transfer Implications and the data for sending the Certificate.
Once the Administrators have resent the Certificates on Transfer Implications and, in the event that the workers make a new notification referred to in subsection e of fraction I above associated with the same pre-request for Certificate on
Transfer Implications, the Operating Companies must send said Certificate online to the
e-mail address specified in the E-SAR portal and notify the Transferring Afore about said
sending, in terms of the Transactional Procedures Manual.
The Administrators must inform the Commission of any unusual behavior in the
requests for Certificates on Transfer Implications through the E-SAR, as well as the
repeated requests for resending Certificates.
VII.
For the cases referred to in fractions IV and V above, the Operating Companies
must send an email to the Worker once the Certificate on Transfer Implications
has been activated or the maximum delivery period has ended; in said email, a link must be displayed that redirects to an electronic quality survey on the
service in the E-SAR, which will be defined by the Commission.
VIII.
The Transferring Administrators are responsible for administering the information that is
displayed on the calendar referred to in subsection c of the previous fraction I regarding the
availability of days and schedules for the delivery of Certificates on Transfer Implications,
in accordance with the information exchange criteria established by the Operating Companies
in the Transactional Procedures Manual.
IX.
For the purposes of the scenarios referred to in the previous fraction III, the Operating Companies
must validate the address entered by the Worker in the E-SAR against the one registered in the National SAR Database.
When the address entered by the Worker does not correspond to the one registered in the National SAR Database,
according to the criteria determined in the Transactional Procedures
Manual, the Operating Companies must inform the Worker through the E-SAR that to
make the request for the Certificate on Transfer Implications, it will be necessary for them to
update their address according to the data update procedures referred to in
these General Provisions. Once updated, the Worker can request the
Certificate on Transfer Implications again through the E-SAR.
The Transferring Administrators
must have in visible places of the branch, office
and Specialized Unit corresponding, as well as on the website or other Electronic Media of said
Administrator, the procedure to request said Certificate
through the E-SAR portal, as well as inform
the Workers about the branches, offices, and Specialized Units where it can be received once the
corresponding request has been made.
The Administrators must maintain logs and evidence that are auditable to verify at
least, the place, date, exact time, and name of the person responsible for the delivery of the Certificate on
Transfer Implications.
The Operating Companies must maintain and make available to the Commission auditable logs
containing the record of the pre-requests for Certificates on Transfer Implications that are generated through the E-SAR, as well as the data entered by the Workers,
addresses, contact data, date and time of the requests, access records to the E-SAR portal, and
any other information generated during the provision of the service.
The Administrators must ensure that there are no irregularities of any kind that hinder the
issuance of said Certificate, so they cannot engage in dilatory practices and must ensure that the
Certificate is delivered within the timeframes provided in this article.
At all times, the Administrators are prohibited from denying or limiting the service of issuing
Certificates on Transfer Implications to the Workers; in all cases, they must properly guide
the Worker to carry out the request for the same through the E-SAR.
The Administrators must keep the receipts of acknowledgment in which it is stated that the Certificates
referred to were delivered to the Workers, in accordance with what is stated in this article and keep them
available to the Commission.
Likewise, the Regulatory Controller of the Administrator, in terms of what is provided in article 30 of the
Law, must include in their Monthly Report, an analysis on the existence of possible dilatory practices of the
Administrator regarding the issuance of Certificates on Transfer Implications, as well as the report
on the attention to complaints related to the issuance of Certificates on Transfer Implications. "
" Article 189.
...
I. to VII. ...
VIII.
If applicable, that the Certificates on Transfer Implications referred to in Article 177 fraction V have been presented.
IX.
If applicable, that the Certificate on Transfer Implications is active and valid;
X.
That the Transfer Request is valid at the time of requesting the certification;
XI.
That the cell phone number registered by the Worker in the Certificate request for Transfer or, in
its case, associated with the Mobile Application, does not belong to another Worker's cell phone registered in the National SAR Database in a period of four months;
XII.
That the CURP of the Administrator's official who validated the Transfer file is
registered in the database of officials designated by the Administrator to intervene in
the operational, audit, and control processes;
XIII.
That there is consistency between the information provided by the Administrators and the information
registered in the National SAR Database, and
XIV.
The validations that the Commission establishes for such effect. "
" Article 193. When errors, incorrect operations, inconsistencies
or irregularities are detected in the Registration and Transfer processes,
derived from the verification processes of the
Administrators or as a result of the clarification referred to in Section II of Chapter III of Title
Sixth of these General Provisions, as well as derived from the complaints presented by the Workers
or by Undue Registrations or Transfers that the Commission detects in the exercise of its
supervisory powers; the Administrators must return the total balance of the transferred
Individual Account, as well as reimburse the corresponding amount for commissions charged
during the time the Individual Account was administered by said Administrator and the amount of
the returns that would have been obtained if its resources had been invested in the Investment Company that
has provided the highest management returns during said time, according to the information
published on the Commission's Website and in
accordance with the methodology established in Annex
O of these General Provisions.
To obtain the highest management returns from the Investment Companies, in order to effectuate
the reimbursement referred to in this article, the Administrators must consider the family of
Investment Companies in which the resources must be invested according to the age profile of the
worker in question, or the family of Investment Companies that the worker had chosen in the
Transferring Administrator for the investment of their resources, in terms of
the General Provisions that establish the investment regime to which the specialized investment funds for retirement must be subject, issued by the Commission.
...
... "
" Article 210. ...
I. to III. ...
IV.
A digital photograph of the Worker, in accordance with the photograph characteristics provided in
Annex "D", Section "F", of these General Provisions. For the registration of minors, it is not a mandatory requirement;
V.
The Worker's Biometric Enrollment, and
VI.
The Worker's Biometric Signature and Digital Handwritten Signature and the Service Agent or the
Promoter Agent who manages the procedure.
The Administrators must ensure that the CURP, the Worker's Biometric Enrollment, the
Biometric Signature and Digital Handwritten Signature of the Service Agent or Promoter Agent who manages the formation
of said File, as applicable, are recorded in the presence of the Worker. For this purpose, the
Electronic Media that the Administrators use in the formation of the Worker's Identification File must generate electronic records that are auditable and that allow verification, at least,
the
place, date, and exact time when the Worker and the Service Agent or Promoter Agent signed,
respectively. Likewise, the Administrators must keep said records available to the Commission and implement the necessary security measures to guarantee that the data and information generated are not
manipulable. "
" Article 214. The Administrators must send to the Operating Companies the data and elements of the
Worker's Identification File, as well as the Biometric Enrollment, Biometric Signature and
Digital Handwritten Signature of the persons who have carried out the activities described in Articles 212 and
213 and ensure that they are enrolled
in the National SAR Database,
in order to be able to initiate the management of services, with the exception of the Registration and Transfer processes, in which case they must be sent
prior to the certification of the information and elements contained in the Registration and Transfer Requests referred to in Articles 149,
150, and 189 of these General Provisions "
...
...
... "
" Article 226.
...
The Administrators must send to the Operating Companies the Recertification Requests, at
least once a week as determined in the Transactional Procedures Manual. "
" Article 234. The Administrators must attend, determine, and resolve clarifications for the
following cases:
I. When the Worker states that they did not give their consent to perform the Transfer of their
Individual Account;
II. When the Workers' Electronic Files present any inconsistency;
III. When the Worker states that they did not give their consent to perform the Recertification of their
Individual Account;
IV. When the Biometric Enrollment of a Worker, Promoter Agent, or Service Agent
is rejected by the Operating Company due to the identification of a possible duplicate, and
V. When the Biometric Signature of a Worker, Promoter Agent, or Service Agent does not
match their Biometric Enrollment.
With regard to fractions I, II, and III of this article, the involved Administrators
must resolve the cases presented for clarification within a maximum period of eight business days
counted from when the case was notified for clarification.
With regard to fractions IV and V, the Administrators must send the particular cases to the
Operating Company for clarification, within a maximum period of eight business days counted from
when the validation response of the Biometric elements contained in the Worker's Identification File, the Promoter Agent or
Service Agent, or the validation response of the Biometric Signature of the Worker, as applicable, was received from the Operating Company; in accordance with the criteria and guidelines established for such effects in the
Transactional Procedures Manual" .
" Article 386.
... .
The Administrators must compensate the Workers for damages caused, when the information
they provide to the Social Security Institutes contains errors or inconsistencies attributable to the
Administrators that negatively impact the balance of the Individual Account, or when they
fail to
provide the due attention or omit carrying out the disposition or transfer processes of
resources referred to in this chapter. This is without prejudice to the sanctions that may apply,
in accordance with what is provided in the Law. "
" Article 387 bis.
For the procedures for
disposition of resources for marriage expense assistance, Partial Retirement due to Unemployment, and those for disposition of resources referred to in Article
406 of these General Provisions, the Operating Companies and the
Administrators must coordinate to keep the pre-request service for
disposition of resources through the E-SAR enabled, subject to the following:
a)
The Operating Companies must make available to the Workers and their
Beneficiaries, as applicable, through the E-SAR, the pre-request service for disposition of
resources as established in Article 9 of these General Provisions, as well as provide information to the worker in the E-SAR regarding the service in question and the necessary requirements to continue with the procedure, specifying the documentation that, if applicable, they must present to the Administrator;
b)
The Operating Companies must notify the Administrators of the information regarding the pre-
requests for disposition of resources no later than the next business day after being entered into
the E-SAR, in accordance with the information exchange criteria provided in the Manual of
Transactional Procedures;
c)
The Administrators, in coordination with the Operating Companies, must carry out the
corresponding validations to confirm that the Worker can carry out the procedure, as well as
to verify the truthfulness of the balances and consistency in the information they provide to the
Social Security Institutes; this is based on the information
contained in the Worker's file as well as any complementary information obtained from the Operating Companies;
d)
The Administrators may contact the Worker or Beneficiary, with
the purpose of carrying out the following:
i.
Provide more information to the Worker regarding the service in question and the
requirements to continue with the procedure;
ii.
Confirm the data specified in the pre-request made through the E-SAR;
iii.
If applicable, confirm the approximate day and time, when the Worker or their Beneficiaries
as applicable, will present themselves at the office, branch, or Specialized Unit of the
Administrator to deliver the corresponding documentation according to the procedure in question.
e)
The Administrators must attend to the Worker or their Beneficiaries as applicable, in
on the day and approximate time specified by them in the E-SAR portal or in the confirmation referred to in item iii of subsection d) above, collect the corresponding documentation according to the procedure in question and form the Electronic File referred to in Article 210 of these general provisions;
Administrators must conserve and keep available to the Commission auditable records regarding the pre-requests for disposal or transfer of resources that they have received from Operating Companies, as well as the actions they have taken regarding what is established in this article.
In any case, the Worker may go to any office, branch, or Specialized Unit of the respective Administrator to request the disposal of resources for marriage expense assistance, Partial Withdrawal for Unemployment, and those for disposal of resources referred to in Article 406 of these general provisions, for which Administrators must support the Worker or their Beneficiaries in making the pre-request in E-SAR, in accordance with the guidelines established for such effect by the Operating Company in the Transactional Procedures Manual, and provide the relevant procedure at that time."
" Article 406. ...
I. ...
II.
Request directly from the Administrator, through the corresponding Social Security Institute, or from the Federal Government departments determined by the Secretariat, that their resources be deposited in the bank account they designate to receive their pension or in that in which they receive support from social programs established by the Federal Government.
When the information is provided by the Social Security Institutes or the Federal Government departments determined by the Secretariat, the Administrator's responsibility is limited to transferring the corresponding resources, in terms of the information provided by the Social Security Institutes or the Federal Government departments determined by the Secretariat.
Administrators or, as applicable, the Social Security Institutes and the Federal Government departments determined by the Secretariat, shall be responsible for verifying the identity of the holder or Beneficiary requesting the disposal of resources from the Individual Accounts. "
" Article 406 bis. The resources of the Retirement Insurance and the housing sub-account 92, accumulated in the Individual Account during the pension regime of the Social Security Law 73, as well as those corresponding to the Retirement Savings Sub-account and the Housing Sub-account referred to in the current ISSSTE Law up to December 31, 2007 as applicable, shall be deposited by the Administrators in a bank account in the Worker's name, without it being necessary for the Worker to make a direct request, use electronic means, and their Biometric Signature, provided that the following requirements are met:
I.
The Worker is 65 years of age or older;
II.
The sum of the amount of resources from the sub-accounts referred to in this article is equal to or less than 133 measurement and update units on the date of sending the information referred to in Article 406 ter below;
III.
They are pensioned under the Social Security Laws or are beneficiaries of any social program implemented by the Federal Government;
IV.
They have a bank account in their name where the pension or benefit granted under any social program implemented by the Federal Government is deposited;
V.
They are fully identified by the Social Security Institutes or the Federal Government departments determined by the Secretariat, and
VI.
That the Social Security Institutes or the Federal Government departments determined by the Secretariat have sent the Operating Companies the information referred to in Article 406 ter below. "
" Article 406 ter. For the purposes of what is established in the previous article, Operating Companies, through the electronic mechanisms and means they determine, must recurrently receive from the Social Security Institutes or the Federal Government departments determined by the Secretariat, the unique administrative act issued for the purposes of depositing resources in favor of Workers, as well as the following identification data for each Worker, in accordance with the criteria and guidelines established in the Transactional Procedures Manual:
a)
Full name;
b)
CURP;
c)
Social security number in the case of Workers who had contributed to IMSS;
d)
Status as pensioned or beneficiary of any social program implemented by the Federal Government, and
e)
The CLABE account number of the Worker in which the deposit of resources referred to in Article 406 bis of these general provisions will take place.
Once Operating Companies receive the information referred to in the preceding items, they must validate it against the information contained in the National SAR Database and send it to the corresponding Administrators within a period not exceeding three business days counted from its receipt, in order for them to carry out the respective deposit in favor of the Workers in question in accordance with what is established in the Social Security Laws.
Prior to making the deposit referred to in the previous paragraph, Administrators must:
I.
Corroborate in coordination with Operating Companies, that the Workers in favor of whom the deposit of resources must be made, meet the requirements described in items I and II of Article 406 bis, as well as that the Individual Accounts involved are free of attributes that prevent the deposit;
II.
Contact the Workers based on the identification documents they have in their records or in the Identification File, with the purpose of informing them about the deposit referred to in this article, subject to the following:
i.
In contact via telephone, Administrators must make at least three contact attempts. In case contact is not achieved, the deposit must be made in favor of the Worker in question, according to the information provided by the Social Security Institutes or the Federal Government departments determined by the Secretariat;
ii.
In case the Worker expresses their willingness for their resources to remain invested in the respective sub-accounts, the respective Administrator must refrain from making the deposit of resources referred to in the previous Article 406 bis;
iii.
When the worker requests the deposit in a CLABE account different from that provided by the Social Security Institutes or the Federal Government departments determined by the Secretariat, the Administrator must attend to the Worker in person, under the ordinary terms of the resource disposal process and in accordance with item II of Article 408 of these general provisions, and
iv.
They must keep evidence of the contact act with the record of the telephone calls made to contact and confirm the Worker's will.
Administrators must transfer the corresponding resources, in terms of the information provided by the Social Security Institutes or the Federal Government departments determined by the Secretariat, the authenticity of which is their responsibility.
Administrators must make the deposit referred to in Article 406 bis within a period not exceeding ten business days counted from having received from Operating Companies the information referred to in this article.
Administrators must send the result of the deposit request to Operating Companies no later than the third business day following the operation. In case of failure, they must inform the reason why the deposit was not made.
When the deposit of resources cannot be carried out due to causes attributable to the CLABE account data, bank rejections, or any other kind, Administrators must reinvest the resources in the source sub-account within a maximum period of three business days. "
" Article 406 quáter. When the sum of the amount of resources of the Retirement Insurance, the Retirement Savings Sub-account, and the Housing Sub-account is greater than 133 measurement and update units, Administrators may carry out the deposit of resources in accordance with what is established in Articles 406 bis and 406 ter above, provided that the Social Security Institutes or the Federal Government departments determined by the Secretariat, obtain the express consent of the Worker for the transfer of said resources in accordance with the format established by the Commission. "
" Article 407. ...
Administrators must send to Operating Companies the requests for disposal of resources, no later than the third business day following the receipt of the resource disposal requests presented, or the making of the deposit of resources referred to in Articles 406 bis and 406 ter above, in order for them to register the corresponding information in the National SAR Database. "
" Article 408. In the case of Workers who, based on their age, have the right to dispose of the resources of the Retirement Insurance, the Retirement Savings Sub-account, or the Housing Sub-account, as applicable, Administrators must carry out the following actions as appropriate:
I.
Carry out the deposit referred to in Articles 406 bis and 406 ter of these general provisions, in which case the formation of the Worker's Identification File referred to in Articles 209 and 210 of these provisions is not required, or
II.
Receive the requests for disposal of resources presented by the Worker and verify against the Probative Document, voter ID or passport exhibited, as well as against the information about said Worker held in their files or databases, that they are at least sixty-five years of age. "
" Article 419. For the case of partial withdrawals, the Worker who goes to an Administrator must present the pre-request for disposal of resources for marriage expense assistance or Partial Withdrawal for Unemployment that they have made through E-SAR accompanied by the documentation that, as applicable, the Administrators and Social Security Institutes establish, in the form and terms established by said Institutes for such effect. In case the Worker goes to an Administrator without having made the pre-request for disposal of resources referred to in this article, Administrators must support the Worker or their Beneficiaries in making the pre-request in E-SAR, in accordance with the guidelines established for such effect by the Operating Company in the Transactional Procedures Manual, and provide the relevant procedure at that time.
...
... "
" Article 423.
...
I. to IV. ...
V.
The Biometric Signature and Digital Handwritten Signature of the Worker.
...
Additionally, Administrators must collect from the Worker the Unique Service Key corresponding to the pre-request for disposal of resources that the Worker has obtained through E-SAR. "
" Article 424. ...
I.
That the worker has made the pre-request for Partial Withdrawal for Unemployment referred to in items VIII and IX of Article 9 of these general provisions.
In any case, the Worker or their Beneficiaries, as applicable, may go to any office, branch, or Specialized Unit of the respective Administrator to request the disposal of resources for marriage expense assistance, Partial Withdrawal for Unemployment, and those for disposal of resources referred to in Article 406 of these general provisions, for which Administrators must support them in making the pre-request in E-SAR, in accordance with the guidelines established for such effect by the Operating Company in the Transactional Procedures Manual, and provide the relevant procedure at that time.
II.
Administrators must verify in the presence of the Worker and prior to the signing of the request, that the data entered in it are complete and correspond to the information provided by the Worker;
III.
That the Worker has an Identification File and that it corresponds to the same;
IV.
That the Worker has a Biometric Enrollment;
V.
Ensure that the Worker has the right to disposal and that they indicate in the Partial Withdrawal for Unemployment Request the type of withdrawal they are requesting;
VI.
Ensure that the Worker writes their full name, Biometric Signature, and Digital Handwritten Signature to manifest that they know its content and that it is their will to carry out the procedure, in the Partial Withdrawals for Unemployment request;
...
...
VII.
Carry out a review of the Partial Withdrawals for Unemployment request, in order to verify the consent, will, and identification of the Worker carrying out the procedure. "
" Article 425. The operations area of the Administrator must carry out a valuation on the integration of the Partial Withdrawal for Unemployment file in question, in order to verify that the request meets the requirements provided in this section; additionally, Administrators must establish the mechanisms and controls necessary to ensure and guarantee that the information of the Partial Withdrawals for Unemployment request is the same as that obtained in the resolution before IMSS.
... "
" Article 426. Operating Companies must validate the consistency between the information provided by the Administrator and that registered in the National SAR Database. In case the previous validations are successful, Operating Companies, on the same day they receive from the Administrator the request for consultation of the right to Partial Withdrawal for Unemployment, must send to IMSS the information, data, and elements of the requests to obtain IMSS's resolution on the feasibility of the partial withdrawal.
...
For cases where Administrators do not successfully conclude the procedure within the period indicated in these Provisions, they must inform Operating Companies no later than the third business day following the expiration of the period. Operating Companies, on the same day they receive the notice from Administrators, will inform IMSS that it was not possible to conclude the Partial Withdrawal procedure, thereby rendering the resolution and certificate issued by it void, avoiding at all times the affecting of Workers' rights. "
" Article 427. ...
...
In the case of Workers who opt for the benefit provided in Article 191 item II, subsection b) of the Social Security Law 97, Administrators must make the corresponding payment, within a maximum period of five business days from the receipt by Administrators of the resolution and certificate issued by IMSS as provided in the second paragraph of the previous Article 426 and in the following Article 428.
Administrators, within the 15 business days following from the resolution of rights by IMSS referred to in the previous Article 426, must inform Operating Companies about the payments referred to in this article. "
" Article 428. In the case of Workers who opt for the benefit provided in Article 191 item II, subsection b) of the Social Security Law 97, Administrators must make the corresponding payments according to the instructions indicated by the Worker in the Partial Withdrawals for Unemployment request in a maximum of six monthly installments, with proportional amounts, the first of which may be up to an amount of thirty days of their last base salary for contribution prior to verification that the Worker has not returned to work during the delivery period of the resources.
...
...
...
...
...
... "
" Article 463.
...
...
Participants in the Retirement Savings Systems may also request the registration of their legal representatives and attorneys before the General Registry of Powers of the Commission. The Commission will give due attention to said registration requests within a maximum period of 20 business days counted from the presentation of the respective request. "
" Article 468.
...
...
...
...
...
The Commission must inform Participants in the Retirement Savings Systems about the additions, removals, or modifications of the Digital Certificates of Authorized Users, within a period not exceeding 20 business days counted from the presentation of the respective request. "
" ANNEX B
AUTHENTICATION FACTORS
...
I.
...
II.
...
a. to c. ...
...
For the operation of E-SAR, Operating Companies must implement the use of Authentication Factor category 2, to guarantee access to the services specified in these general provisions and in the Transactional Procedures Manual.
III.
Authentication Factor category 3:
...
a. to c. ...
...
...
...
a. to c. ...
...
...
...
...
...
...
In any case, Operating Companies and Administrators must obtain the Commission's authorization to operate the means referred to in this item, in their request they must expose the controls that will allow Workers to carry out operations securely.
The Commission will have a period of 40 business days to resolve on the authorization requests referred to this section.
IV and V. ...
... "
" ANNEX O
METHODOLOGY FOR REIMBURSEMENT REFERRED TO IN ARTICLE 193 OF THESE GENERAL PROVISIONS
In accordance with Article 193 of these general provisions, the total reimbursement for errors, incorrect operations, inconsistencies, irregularities in the transfer process, as a result of the clarification referred to in Section II of Chapter III of Title Sixth of these general provisions or for improper transfers, must consider the sum of the reimbursement for returns and the reimbursement for commissions, which shall be calculated according to the following methodology:
A.
Reimbursement for commissions: corresponds to the amount of commissions charged to the Individual Account during the administration period of the Account.
B.
Reimbursement for returns: corresponds to the difference between the individual account balance on the date of return and the balance the individual account would have obtained if its resources had been invested in the Administrator with the highest return during the same period. Said difference is obtained as follows:
I.
The Administrator that had the highest returns during the account administration period will be determined considering the following:
a).
The management return (that is, the return obtained from the management prices published on the Commission's Website) will be calculated from start to finish for each of the Administrators in the corresponding Investment Society family, and
b).
The Administrator that has obtained the maximum management return for the period will be considered as the one with the highest return.
II.
The daily stock market return (from stock prices published on the Commission's Website) of the Administrator determined in subsection b) of the previous item will be obtained and the balance and contributions of the Individual Account will be capitalized daily with said return during the period in which the Account was administered. In this way, the final balance of the Individual Account will be obtained if it had been administered in the Administrator with the highest return.
III.
The difference between the final balance obtained in the previous item and the balance liquidated and returned by the Administrator will be obtained. This difference will be called reimbursement for returns. "
SECOND.- Article One Transitory, items c, d, e, f, g and h of subsection III and the second paragraph of Article Eight Transitory of the General Provisions on Operations of the Retirement Savings Systems published in the Official Gazette of the Federation on December 28, 2015, modified and added through publications in the same Official Gazette of the Federation on April 21, June 29, August 25 and October 18, all of 2016, are MODIFIED, to read as follows:
" ARTICLE FIRST.- ...
I. and II. ...
III.
...
a. and b. ...
c.
In the processes of separation and unification of individual accounts, they will enter into force on May 14, 2018;
d.
In matters of partial withdrawals, they will enter into force on December 14, 2016; regarding the disposal of total resources, as well as the contracting of programmed withdrawals and Guaranteed Pensions referred to in the general provisions applicable to programmed withdrawals issued by the Commission,
they will enter into force on January 15, 2018.
e.
In matters of Recertification, they will enter into force on July 16, 2018;
f.
In matters of Reimbursement of resources derived from a Partial Withdrawal for Unemployment, it will enter into force on March 12, 2018;
g.
In matters of disposal of Voluntary Savings resources, they will enter into force on January 15, 2018, and
h.
In matters of procedures to be carried out through an attorney, by the one exercising parental authority, tutor or curator, or beneficiary, they will enter into force no later than September 3, 2018.
IV. and V. ... "
" ARTICLE EIGHTH.- ...
For the purposes of this article, electronic models are understood to be systems that through double electronic authentication operate an Online and Real-Time confrontation and comparison of the data provided by the Worker for the processing of the Transfer against a historical information database operated by national entities authorized, supervised and regulated by authorities of the Federal Public Administration, as well as by Federal Government Institutions, Bank of Mexico and National Electoral Institute. The confrontation and comparison referred to in this paragraph may be carried out by Administrators through Operating Companies.
. "
TRANSITORIES
FIRST.- These modifications and additions shall enter into force on the next business day following their publication in the Official Gazette of the Federation, with the following exceptions:
I.
Article 8, fraction IV, shall enter into force 60 business days following the publication of these modifications and additions in the Official Gazette of the Federation;
II.
Article 9, fraction VII, shall enter into force 60 business days following the publication of these modifications and additions in the Official Gazette of the Federation;
III.
Article 180 of these modifications and additions shall begin to take effect as follows:
A.
The first, second, third, fourth, fifth, sixth, seventh, and eighth paragraphs shall enter into force 60 business days following the publication of these modifications and additions in the Official Gazette of the Federation;
B.
Fractions I, with the exception of subparagraphs a, c, and e, II, III, and IV shall enter into force 60 business days following the publication of these modifications and additions in the Official Gazette of the Federation;
C.
Fractions I, subparagraph e, V, and VI shall enter into force 90 business days following the publication of these modifications and additions in the Official Gazette of the Federation, and
D.
Fractions I, subparagraph a, VII, VIII, and IX shall enter into force 180 business days following the publication of these modifications and additions in the Official Gazette of the Federation.
Until the entry into force of the aforementioned subparagraphs A, B, C, and D, the procedure to request and issue the certificate regarding the implications of the Transfer shall be subject to what is established in Article 180 of the General Provisions on Operations of Retirement Savings Systems in force at the date of publication of these General Provisions.
IV.
Article 387 bis, as well as the modifications regarding partial and total withdrawals of resources from the individual account contained in these modifications and additions, with the exception of those referred to in the following fraction V, shall enter into force 60 business days following the date of entry into force of the aforementioned fraction III, subparagraph D.
The adjustments that Administrators must make due to these modifications, regarding the mandatory use of the Biometric Signature and Electronic Means that must be made available to Workers to manage processes regarding partial withdrawals consisting of assistance for marriage expenses and Partial Withdrawal due to Unemployment, shall enter into force on November 13, 2017.
V.-
The modifications and additions to Articles 406, 408, as well as Articles 406 bis, 406 ter, and 406 quater shall enter into force 30 business days following the publication of these modifications and additions in the Official Gazette of the Federation.
SECOND.- With the entry into force of these modifications, all provisions that contravene these are hereby repealed.
Mexico City, June 26, 2017. - The President of the National Commission for the Retirement Savings System, Carlos Ramírez Fuentes. - Signature.
In the document you are viewing, there may be text, characters, or objects that are not displayed correctly due to conversion to HTML format, so we recommend always taking the digitized image of the DOF or the PDF file of the edition as a reference. The content, form, and scope of published documents are the strict responsibility of their issuer.
CONSULT
BY DATE
Do Mo Tu We Th Fr Sa
INDICATORS
Exchange Rate and Rates as of 08/29/2026
UDIS
8.809369
See more
SURVEYS
Did you like the new look of the Official Gazette of the Federation website?
No
Yes
Official Gazette of the Federation
Río Amazonas No. 62, Col. Cuauhtémoc, C.P. 06500, Mexico City Tel. (55) 5093-3200, where you can access our menu of services
Electronic address: dof.gob.mx
113
LEGAL NOTICE | SOME RIGHTS RESERVED © 2026
More like this from SHCP
SHCP published 14 documents in the last 30 days. We email you each new one the day it's published.