Modifications and Additions to the General Provisions on Operations of the Retirement Savings Systems

DOF: 13/01/2022

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.- TREASURY.- 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, 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, 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 Transitory 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 Transitory Provision of the Law of the National Housing Fund for Workers; 76 of the Law to Regulate Financial Technology Institutions; 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 to reduce regulatory compliance costs for Administradoras, it is necessary to take advantage of the economies of scale generated by leveraging the infrastructure of Operating Companies, allowing them to electronically retain files, digitized documents, images and information related to procedures, services or transactions carried out by Workers or their Beneficiaries, which are sent to them by Administradoras for processing and retention;

That with the aim of reducing storage costs, it is convenient to limit the retention time of non-substantial information and elements, allowing Administradoras, if they so decide, to retain only the information of the last ten years regarding the Individual Accounts they manage, and for at least ten years after the Administradora has concluded the management of the Individual Account;

That it is necessary to distinguish between Mobile Registration and linking through a Mobile Application, as Registration is presented as a unique event and linking can occur on several occasions or at different times, therefore the creation of the concept of "Auto-linking" is required, which applies to Workers who have already registered with an Administradora but decide to use the Mobile Application, through which they do not generate a new Registration, but authenticate or link with their Administradora to obtain services;

That it is convenient to specify the elements that the Mobile Registration request must contain, which Administradoras or Operating Companies must make available to Workers through the Mobile Application, establishing uniform deadlines counted from the generation of the Mobile Registration request made by the Worker; it is also necessary to make various clarifications to the Mobile Registration process, so that a reorganization in the provisions will allow better compliance with the norm;

That to avoid incorrect calculations in the indemnifications that Administradoras may pay to workers for improper Registrations or Transfers, it must be specified that to calculate the amount to be indemnified, net returns of commission must be considered;

That to allow proper implementation of the processes for returning resources of pensioned workers registered and unregistered entered into a different Social Security Institute (crossed institutes), Transfer request and cancellation of Transfer of the MODIFICATIONS and additions to the general provisions on operations of the retirement savings systems, published in the Official Gazette of the Federation on June 29, 2021, it is necessary to modify their entry into force date;

That to comply with what is established in article 78 of the General Law of Regulatory Improvement, as well as in article Fifth of the "Agreement that establishes the guidelines that must be observed by the dependencies and decentralized organisms of the Federal Public Administration, regarding the issuance of general administrative acts to which article 69-H of the Federal Administrative Procedure Law applies", the deregulation actions relative to articles 149 bis D, penultimate paragraph and 149 bis E third paragraph of these Modifications and Additions to the General Provisions on operations of the retirement savings systems, in terms of the corresponding Regulatory Quality Annex, has deemed it appropriate to issue the following:

MODIFICATIONS AND ADDITIONS TO THE GENERAL PROVISIONS ON OPERATIONS OF THE RETIREMENT SAVINGS SYSTEMS

SINGLE. The articles 1, fraction LXI bis; 16; 20, second paragraph; 75, second paragraph; 121, sixth paragraph; 149 bis; 149 bis A; 149 bis B; 149 bis C; 149 bis D; 149 bis E; 149 bis F; 149 bis G; 176 ter, paragraphs second and fifth; 176 quáter, first paragraph; 192 bis K, second paragraph; 193 paragraphs first and second; 211, third paragraph; 214, third paragraph; 381; 387, second paragraph, 406, fraction II and last paragraph; 406 bis, fraction IV; 423, fraction I, subsection g; 424, fractions I and V; 427, second paragraph; 429, third paragraph; Annex O, section A, fractions I, in its subsections a., b., and II and the First Transitory Provision fractions II and VI of the Modifications and additions to the general provisions on operations of the retirement savings systems, published in the Official Gazette of the Federation on June 29, 2021; are MODIFIED; and articles 1, with fraction XIX bis; 424, in its fraction VI with subsections a and b, and paragraphs second, third and fourth, as well as in Title Sixth, Chapter III "On the Administration of Individual Accounts", a Section VIII named "On Auto-linking through the Mobile Application" with its articles 243 quáter; 243 quinquies; 243 sexies, and 243 septies, are ADDED; and articles 427, third paragraph, and 428, are REPEALED, to remain as follows:

" Article 1.

...

I. to XIX. ...

XIX bis. Auto-linking, the authentication mechanism that the Worker registered with an Administradora carries out through the Mobile Application to access various services and procedures offered by the Administradora that operates and manages their Individual Account, in accordance with the Law, the Regulations and these general provisions;

LXI bis. Mobile File, the set of individual, ordered and detailed images and information stored in Electronic Media in accordance with article 149 bis D, for the Mobile Registration and 243 quinquies process, for the Auto-linking process, of these general provisions and that allow the identification of persons in the Retirement Savings Systems;

LXI ter. to CLXIV. ..."

" Article 16. Operating Companies must electronically retain the files referred to in these general provisions, digitized documents, images and information related to procedures, services or transactions carried out by Workers or their Beneficiaries, which are sent to them by Administradoras for processing and retention, in accordance with these General Provisions.

Without prejudice to the foregoing, Administradoras may store said elements using their own infrastructure.

The retention time of the elements referred to in the first paragraph of this article must comply with the following:

I.

At least for the last ten years for Individual Accounts that are being managed by Administradoras.

Without prejudice to the foregoing, the fund administration contracts for retirement that Workers have subscribed to must be retained at least during the time the Administradora manages the Individual Account and during the period referred to in the following fraction, and

II.

At least for ten years after the Administradora has concluded the management of the Individual Account.

Biometric elements captured and stored through electronic media will have the retention treatment specified in the Transactional Procedures Manual.

In cases where, for any reason, the procedure, service or transaction is cancelled, rejected or cannot be completed, the Administradora will retain the relevant documents in accordance with its Policies and Procedures Manual and in terms of article 172 of these Provisions for a minimum period of five years, or, if applicable, through Operating Companies when so established by the corresponding legal instruments.

Administradoras must provide, at the moment Workers make their request, the information referred to in this article in physical or electronic media, as requested by the Worker, and deliver it through any means available to the Administradora by common agreement with the Worker, no later than the fifth day after submitting their request. "

" Article 20. ...

Administradoras, to retain information and documentation in the Worker's file, must send them to Operating Companies in accordance with what is provided in article 16 of these general provisions. Likewise, Operating Companies must retain the information and documentation of the operations they carry out, in physical media or Electronic Media, during the time the concession granted by the Ministry lasts to administer the National SAR Database, and for a minimum period of ten years counted from the date on which, if applicable, the revocation of the granted concession is declared, in terms of what is provided in article 73 of the Law.

..."

" Article 75. ...

I. ...

II. ...

Service Providers that cease to provide registration and resource control services for Individual Accounts for any of the causes established in fractions I and II above, must retain in their systems the information related to the Individual Accounts they managed, for at least ten years in accordance with what is provided in article 16 of these general provisions. "

" Article 121.

...

...

...

...

...

Administradoras must collect images of the documents required to carry out the procedure referred to in this article in accordance with what is established in the Transactional Procedures Manual.

..."

" Article 149 bis. Administradoras or Operating Companies, through the Mobile Application, must make available to Workers the Mobile Registration request, which must contain at least the following information:

I.

Worker's personal data, considering at least:

a.

Worker's full name; first name(s), paternal surname and, if applicable, maternal surname;

b.

CURP;

c.

Home address, considering street data, exterior and interior number, if applicable, neighborhood, municipality or delegation, city or town, postal code, federal entity and country;

d.

Contact data:

i.

Cell phone to contact the Worker, and

ii.

Email address;

e.

Beneficiary data, if applicable, considering at least:

i.

Full name; first name(s), paternal surname and, if applicable, maternal surname;

ii.

CURP, and

iii.

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

II.

Administradora in which they wish to register their Individual Account. In the case where the Worker makes the Mobile Registration request, only those Administradoras that have the service enabled will be shown.

The Mobile Registration request will be valid for two business days counted from the next business day after the date of generation of the Mobile Registration request made by the Worker. A new Mobile Registration request cannot be made for the same Worker during the validity of the request or, if applicable, until said request is rejected by the Administradora. The Commission will establish the minimum elements that the Mobile Registration request must contain.

In any case, once the Mobile Registration procedure is completed, Workers can make voluntary contributions to their Individual Account.

When Administradoras directly or through Support Companies or through Financial Technology Companies facilitate the Mobile Registration procedure through any of the modules of the Mobile Application on electronic devices that are not owned by the Worker, they must record at the time of carrying out the Mobile Registration procedure, a video containing the Worker's manifestation in which they express their consent for the Mobile Registration and confirm their personal and contact data, in accordance with the characteristics established in the Transactional Procedures Manual, said video must be stored by Administradoras. Likewise, Administradoras must keep said videos available to the Commission and implement the necessary security measures to guarantee that the data and information generated are not manipulable. The models that facilitate Registration or Mobile Registration through Support Companies or through Financial Technology Companies must be authorized by the Commission. "

" Article 149 bis A. Operating Companies will validate, online and in real time, the information and elements of the Mobile Registration request against the information registered in the National SAR Database, if applicable, and in accordance with what is provided in the Transactional Procedures Manual. In case the validation referred to in this paragraph is successful, Operating Companies must:

a.

Register the Mobile Registration request as in validation process by the Administradora in the National SAR Database when it concerns Workers assigned or pending assignment or not affiliated, in accordance with what is provided in the Transactional Procedures Manual.

b.

Register the Mobile File with the status of "temporary" in the National SAR Database, in accordance with what is provided in the Transactional Procedures Manual.

Operating Companies must send, Online and in Real Time, the information and elements of the Mobile Registration request to the Administradora chosen by the Worker and to the Administradora where they are assigned, if applicable, in accordance with what is provided in the Law, its Regulations, these general provisions and the Transactional Procedures Manual. "

" Article 149 bis B. To conclude the management of the Mobile Registration before Operating Companies, Administradoras will have a period of two business days counted from the next business day after the date of generation of the Mobile Registration request, for which, previously they must comply with the following requirements:

I.

Have the valid and duly requisitioned Mobile Registration request;

II.

That the Worker has a Mobile File and that said file corresponds to the same Worker, as provided in article 149 bis D next;

III.

Perform an analysis of the Mobile Registration request and the Mobile File referred to in fractions I and II of this article, in order to verify that there is consistency between the information and elements contained in them as provided in article 149 bis F next.

In case of complying with the established requirements, Administradoras, within the same period indicated in the first paragraph of this article, must request from Operating Companies the certification and permanence of the Mobile File.

In case of not complying with the aforementioned requirements, Administradoras, within the same period indicated in the first paragraph of this article, must request from Operating Companies the following:

a.

Reject the Mobile Registration request, and

b.

Cancel the Mobile File.

In case Administradoras do not conclude the Mobile Registration process, Operating Companies must reject the Mobile Registration request on the next business day after the period referred to in the first paragraph of this article has expired.

In case Administradoras do not conclude the Mobile Registration process in accordance with what is established in this article, Operating Companies must reject the Mobile Registration request on the next business day after the period referred to in the first paragraph of this article has expired.

Administradoras may use the Mobile Application to make available to Workers who register in terms of what is established in this article, the account statement referred to in article 265 of these general provisions. "

" Article 149 bis C. Operating Companies must make available to Administradoras, online and in real time, the Mobile Registration request referred to in article 149 bis and the Mobile File referred to in article 149 bis D according to the information exchange criteria established in the Transactional Procedures Manual. "

" Article 149 bis D. Administradoras or Operating Companies, through the Mobile Application, must form the Worker's Mobile File, which must contain the following data and elements:

I.

The Worker's data, according to article 149 bis fractions I and II.

II.

The image of the front and, if applicable, the back of the Worker's official identification, in terms of what is established in the identification catalog provided in Annex "D", of these general provisions, according to the following:

a.

For adults, it must be subject to what is provided in Section "A", subsection A, fractions I, II, III and VI, and

b.

For minors, it must be subject to what is provided in Section "A", subsection B, fraction I.

III.

A digital photograph of the Worker, according to the photograph characteristics provided in the Transactional Procedures Manual; for the registration of minors who do not contribute to any of the Social Security Institutes, the digital photograph will not be a mandatory requirement.

Operating Companies must register, safeguard, administer and update in the National SAR Database the Mobile Files of the Workers referred to in this article, within the periods provided in these general provisions, in a centralized manner and under standards that guarantee the quality of images, security, integrity and confidentiality of their information, for which purpose what is established in the Transactional Procedures Manual. "

" Article 149 bis E. Administradoras, once they comply with the requirements and within the two business days counted from the next business day after the date of generation of the Mobile Registration request provided in article 149 bis B, must request from Operating Companies the certification of the Mobile Registration request and the permanence of the Mobile File in the National SAR Database.

Operating Companies must certify the information and elements contained in the Mobile Registration requests and mark the Mobile File with status "permanent" in the National SAR Database, in accordance with what is provided in the Law, its Regulations, these general provisions and the Transactional Procedures Manual.

Operating Companies must notify Administradoras, on the same day they received the certification of the requests referred to in this article, the resolution of the certification, in accordance with the information exchange criteria for which purpose the Transactional Procedures Manual establishes, as well as the update of the mobile file status from "temporary" to "permanent". "

" Article 149 bis F. Administradoras or Operating Companies at the request of the Administradora must check the Worker's full name in the Mobile Registration request according to article 149 bis, fraction I, subsection a, against the Worker's full name on the official identification, in accordance with what is stated in article 149 bis D, fraction II, in order to ensure consistency between the information and elements that integrate them.

Likewise, Administradoras can only determine that the information is not consistent when:

I.

The digital photograph of the person does not match the physical features of the photograph on the Worker's official identification, in accordance with what is established in the Transactional Procedures Manual.

II.

The paternal surname, maternal surname, if applicable, or name of the Worker recorded on the official identification document, presents differences not considered in the special character matrix established in the Transactional Procedures Manual, against the paternal surname, maternal surname, if applicable, or name of the Worker in the Mobile Registration request.

III.

The image of the front and, if applicable, the back of the Worker's official identification is missing, incomplete or illegible, in accordance with what is established in the Transactional Procedures Manual.

IV.

For the case of minors:

a."

The paternal surname, maternal surname, if applicable, or the minor's name in the Registration request

Mobile presents differences not considered in the matrix of special characters

established in the Transactional Procedures Manual, against the paternal surname,

maternal surname, if applicable, or the minor's name in the minor's birth certificate,

used as official identification document.

b.

The paternal surname, maternal surname, if applicable, or the name of the father or mother who makes the

Mobile Registration request presents differences not considered in the matrix of special characters

established in the Transactional Procedures Manual, against the paternal surname

paternal, maternal, if applicable, or the name of the father or mother in the birth certificate of the

minor, used as official identification document.

c.

The image of the minor's birth certificate, used as official identification,

is illegible or altered.

d.

When the minor is not related as a child to the Worker who made the

Mobile Registration request, in accordance with the minor's birth certificate,

used as official identification document. "

" Article 149 bis G. The Administrators shall open the Individual Account

corresponding, on the same business day that the certification confirmation is received from the

Operating Companies referred to in the last paragraph of the previous Article 149 bis E.

" Article 176 ter. ...

The Receiving Administrator on the fifth business day counted from the date of notification of the

request to the Operating Companies shall carry out completely the process established in Section

V " Of the Certification Process " of this Chapter, provided that no cancellation has been received

from the Worker, during the four previous days.

...

...

The Operating Companies shall reject in the National SAR Database the Transfer Requests

not certified for any reason by the sixth business day counted from the notification of the

Transfer Request by the Receiving Administrator. "

" Article 176 quáter. The Worker may cancel the Transfer Request that he/she has processed, within

the four business days counted

from the date on which his/her request was notified to the Operating

Companies, in accordance with what is established in the previous Article 176 bis.

...

..."

" Article 192 bis K.- ...

The Worker may cancel the Mobile Transfer request, within the four business days counted

from the day on which the request was made.

..."

" Article 193. When in the Registration and Transfer processes errors are detected, operations

incorrect, inconsistencies or irregularities, 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 complaints filed by

the Workers or by Undue Registrations or Transfers that the Commission detects in the exercise of its

supervisory powers; the Administrators shall make the return of the total balance of the

transferred Individual Account, as well as compensate the corresponding amount for the concept of commissions charged

during the time that 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 Society that,

has granted the highest net-of-commission returns during said time, in accordance with 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 net-of-commission returns

from the Investment Societies, in order to

effectuate the compensation referred to in this article, the Administrators shall consider the

family of Investment Societies in which the resources must be invested according to the age profile of the

worker in question, or the family of Investment Societies that the worker chose in the

Transferring Administrator for the investment of its resources, in terms of the General Provisions

that establish the investment regime to which specialized investment societies for retirement funds must be subject,

issued by the Commission.

...

..."

" Article 211. ...

...

The Administrators shall have electronic mechanisms that allow ensuring the integrity,

security, reliability and confidentiality of the data and elements of the Worker's Identification File,

from the moment the Workers sign it until its transmission to the Operating Companies. "

" Article 214. ...

...

In cases where, for any reason, the procedure, service or transaction is rejected, cancelled or

cannot be completed, the Operating Companies shall retain the information, digitized documents and

images for a minimum period of five years.

..."

Section VIII

Of Self-Linking through the Mobile Application

" Article 243 quáter. The Administrators or the Operating Companies, through the Mobile Application

shall make Self-Linking available to the Workers, which shall contain at least the following information:

I.

Worker's personal data, considering at least:

a.

Worker's full name; first name(s), paternal surname and, if applicable, maternal surname;

b.

CURP;

c.

Home 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;

d.

Contact data:

i.

Cell phone to contact the Worker, and

ii.

Email address. "

" Article 243 quinquies. The Administrators or the Operating Companies, through the Mobile

Application, shall form the Worker's Mobile File, which shall contain the following data and

elements:

I.

The Worker's data, in accordance with Article 243 quáter fraction I;

II.

The image of the front and, if applicable, the back of the Worker's official identification, in terms

of what is established in the identification catalog provided in Annex " D ", Section " A ", subsection A,

fractions I, II, III and VI of these general provisions, and

III.

A digital photograph of the Worker, in accordance with the characteristics of the photograph provided in

the Transactional Procedures Manual.

The Operating Companies shall register, safeguard, administer and update in the National SAR Database the Mobile Files of the Workers referred to in this article, within the timeframes

provided in these general provisions, in a centralized manner and under standards that guarantee the quality of the images, security, integrity and confidentiality of the information of the

same that for such purpose are established in the Transactional Procedures Manual. "

" Article 243 sexies. The Operating Companies will validate, online and in real time, the information and

elements of the Self-Linking against the information registered in the National SAR Database, and in

accordance with what is provided in the Transactional Procedures Manual. In case the validation is successful, the Operating Companies shall:

Register the information and elements of the Self-Linking in the National SAR Database in

accordance with what is provided in the Transactional Procedures Manual.

Register the Mobile File with the status of " permanent " in the National SAR Database, in

accordance with what is provided in the Transactional Procedures Manual. "

" Article 243 septies. The Operating Companies shall send, online and in real time, the

information, elements and the Mobile File derived from the Self-Linking to the Administrator that operates and

administers the Individual Account, in accordance with what is provided in the Law, its Regulations, these

general provisions and the Transactional Procedures Manual.

The Administrators may use the Mobile Application to make available to the Workers the

statement of account referred to in Article 265 of these general provisions. "

" Article 381. The Administrator that has made the return, once the payment has been made, shall

retain for at least ten years, counted from the date on which the return is effectively made,

the movements of the Individual Accounts whose resources or part of them had been subject

to return, in accordance with what is provided in Article 16 of these general provisions

general. This information shall be at the Commission's disposal at all times. "

" Article 387. ...

During the management of pension procedures and partial withdrawals from the Individual Account, the

Administrators shall request the corresponding information for the resource disposition procedure;

including the standardized banking key number (CLABE) of the bank account in the name of the

Worker or, if applicable, of the Beneficiary in which, if applicable, the resources to which he/she is entitled shall be deposited.

The failure to present the information referred to in this paragraph is not

an impediment for the Administrators to manage the pension or partial withdrawal procedures of the

Individual Account.

...

...

..."

" 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 the

resources be transferred to the bank account in the name of the Worker or, if applicable, of the

beneficiary. When it comes to information provided by the Social Security Institutes or the

Federal Government departments determined by the Secretariat, the responsibility of the

Administrator is limited to transferring the corresponding resources, in terms of the

information that the Social Security Institutes or the Federal Government departments determined by the Secretariat provide them.

...

...

...

...

The Administrators or, if applicable, the Social Security Institutes and the Federal Government departments

Federal determined by the Secretariat, shall be responsible for verifying the identity of the holder or Beneficiary that

requests the disposition of resources from the Individual Accounts, as well as for verifying that the Worker or

Beneficiary is the holder of the bank account in which the resources will be deposited. "

" Article 406 bis. ...

I to III

...

IV. The holder of the bank account where the pension or benefit granted under the

social program implemented by the Federal Government must be the holder of the Individual

Account;

V. and VI

..."

" Article 423.

...

I. ...

a. to f. ...

g.

Home 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.

h. ...

II to V. ...

...

..."

" Article 424. ...

I.

That the worker has made the pre-request for Partial Withdrawal for Unemployment or marriage aid referred to in fractions VIII and IX of Article 9 of these general provisions

character.

II to IV. ...

V.

Ensure that the Worker has the right to disposition and that in the case of Partial Withdrawal

for Unemployment for workers affiliated with the IMSS, indicate in the request the type of withdrawal requested;

VI.

Ensure that the Worker signs his/her Biometric Signature or, if applicable, the validation and

authentication of the Worker's identity with which he/she manifests that he/she knows its content and that it is

his/her will to carry out the procedure; likewise, the Administrators shall:

a.

Ensure that the Partial Withdrawal Request for Unemployment or marriage aid that

is presented by Electronic Means to the Workers complies with the guidelines that the

Commission determines for that purpose.

b.

Include in the Partial Withdrawal Requests for Unemployment an annex where the Worker

manifests that he/she knows and is aware of the implications of the withdrawal on the resources

accumulated in his/her Individual Account and in the weeks of affiliation that he/she has accredited

before the Social Security Institutes, in accordance with what is provided in the Social Security Laws and in accordance with the formats and criteria that for such purpose the Commission determines on the Partial Withdrawal Request for Unemployment.

VII.

...

The Partial Withdrawal Request for Unemployment or marriage aid may be carried out through the

non-presential means that the Administrator makes available to the worker, with prior authorization of the

Commission.

The Administrators may present to the Commission for its authorization the models for the use of

non-presential means referred to in the preceding paragraph, which shall consider at least the

objective of the model, project or initiative, description of the model, date of start of operations, an analysis

of information security and personal data, operational and technical feasibility, generation and

availability of auditable logs and the authentication factor to be used, which must be category 3 or

higher, in terms of Annex B of these provisions, in addition to complying with what is established in

fractions III, IV, and V of this article.

The authorizations issued by the Commission shall have a validity of two years, which may be

renewed for equal periods, provided that the renewal request is presented by the interested party at the latest

thirty business days prior to the expiration date. "

" Article 427. ...

In the case of Workers affiliated with the IMSS who request the Partial Withdrawal for Unemployment and who opt

for the benefit provided in Article 191 fraction II of the Social Security Law, the Administrators shall

make the corresponding lump-sum payment, within a maximum period of 5 business days from the receipt by

the Administrators of the certification of the right by the IMSS, as provided in the

second paragraph of the previous Article 426.

Repealed

..."

" Article 428.

Repealed

" Article 429. ...

...

In the case of Workers who opted for the benefit provided in Article 191 fraction II of the Social

Security Law, the Administrators shall settle and make available to the Workers the resources

that correspond, once the Worker requests the corresponding payment, either in person or through the mobile application, in accordance with what is provided in Article 427 previous, in accordance with the

instructions that for such purpose have been indicated in the Partial Withdrawal Request for Unemployment.

...

...

I to IV.

..."

" ANNEX O

METHODOLOGY FOR THE COMPENSATION REFERRED TO IN ARTICLE 193 OF THE

GENERAL PROVISIONS

...

A. ...

B. ...

I.

...

a.

The net-of-commission return (that is, the return obtained from

the stock prices or net-of-commission prices published on the Commission's Website) will be calculated

point-to-point for each of the Administrators in the family of Investment Societies that

corresponds, and

b.

The Administrator that has obtained the maximum net-of-commission return for the period

will be considered as the one with the highest return.

II.

The net-of-commission return (from the stock prices or net-of-commission prices

published on the Commission's Website) of the Administrator determined in subsection b) of the

previous numeral and previous will be obtained and the balance and contributions of the Individual Account

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.

..."

" TRANSITORY CLAUSES "

(of the Modifications and additions to the general provisions on operations of the

retirement savings systems published on June 29, 2021)

" FIRST. ...

I.

...

II.

Chapter XI Bis On the return of resources of pensioned workers registered and not

registered entered into a Social Security Institute Different, with its articles 385 A to 385 F, which

are added to Title Sixth of the General Provisions on operations of the

retirement savings systems, will enter into force on February 11, 2022, therefore, from

that date, the Administrators shall process the resource disposition requests that

they receive for such concepts.

III to V. ...

VI.

The modifications to articles 173, 175, 176, 176 bis, 176 ter, and 176 quáter, which are related to

the transfer request and those related to the cancellation of transfer will enter into force at

the latest on May 15, 2022.

VII.

..."

TRANSITORY CLAUSES

FIRST. These modifications shall enter into force the day after their publication in the

Official Gazette of the Federation.

With the entry into force of these modifications, all those provisions that

contravene these are hereby repealed.

SECOND. As for the information and document retention periods referred to in

Article 16 of these modifications, it shall only be applicable to that information collected from

the entry into force of the General Provisions on operations of the

retirement savings systems, published in the Official Gazette of the Federation on December 28, 2015.

The documents, files and other physical information that is not integrated in accordance with the provisions

in force, cannot be purged until the information is fully safeguarded and

conserved in accordance with the current regulations.

THIRD. - The additions of articles 243 quáter, 243 quinquies, 243 sexies and 243 septies,

corresponding to Self-Linking through the Mobile Application shall enter into force at the latest on May 15

of 2022.

FOURTH.- Regarding Partial Withdrawals for Unemployment not collected by the Worker or his/her

Beneficiaries, before the entry into force of the modifications to Article 429 of the General Provisions

on operations of the retirement savings systems, published on June 29

2021,

the Administrators shall reintegrate the resources to the sub-accounts of the affected worker's individual account

in a maximum period of 30 calendar days counted from the day following the

publication of these general provisions in the Official Gazette of the Federation.

Mexico City, January 7, 2022.- The President of the National Commission of the Retirement Savings System,

Iván Hilmar

del Pliego Moreno. - Rubric.

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