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

DOF: 29/06/2021

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 for the Retirement Savings System.

MODIFICATIONS

AND

ADDITIONS

THE

GENERAL

PROVISIONS

OPERATIONS

THE

RETIREMENT

SAVINGS

SYSTEMS

The President of the National Commission for the Retirement Savings System, based on the provisions of 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, clause 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 of the Decree by which the Law of the Institute for Security and Social Services of State Workers is issued; 1, 5 last paragraph, 29 fraction II, 34, 38, 40, 43, 43 bis and Eighth Transitory of the Law of the Institute for 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 for the Retirement Savings System, and

CONSIDERING

That on December 16, 2020, the Decree by which various provisions of the Social Security Law and the Law of the Retirement Savings Systems are reformed, added and derogated was published in the Official Gazette of the Federation, which entered into force on January 1, 2021 (hereinafter Pension Reform), through which various legal provisions were reformed that make it necessary to modify the General Provisions on operations of the retirement savings systems as well as the General Provisions applicable to programmed withdrawals;

That the Pension Reform, among other aspects, reformed the options for workers to pension themselves, allowing the coexistence of the Life Annuity and Programmed Withdrawals modalities, so it is necessary to incorporate the regulatory structure that allows the implementation of all pension options established by the Social Security Law;

That the Pension Reform also provides for a new treatment to favor the Beneficiaries of the Individual Accounts, who in terms of Article 193 of the Social Security Law, may dispose directly before the respective Retirement Fund Administrator of the resources to which they are legally entitled, without the need to have recognition as Beneficiaries by a jurisdictional body;

That given the relevance with which the Beneficiaries of the Individual Accounts are now invested, it is necessary to have a database that allows interested parties to identify if they are designated as Beneficiaries of any Individual Account, in order to expedite and facilitate the exercise of their relative rights, as well as the follow-up of the corresponding procedures, while ensuring the confidentiality of the personal data of the Beneficiaries and the Workers;

That it is convenient to add elements to improve the schemes for the portability of rights between Social Security Institutes, in order to improve the attention provided to Workers who are in the situations of the referred schemes;

That with the aim of expediting and facilitating the Transfer, reducing operational burdens and costs, in harmony with the increasingly extensive implementation of technological elements that allow strengthening the security of information, it has been considered to eliminate the document of the Transfer Knowledge Sheet, added to the fact that the data susceptible to comparison that incentivize Workers to make responsible and informed decisions are permanently available on the official Internet page of this Commission, as well as in other channels and mechanisms that Administrators more frequently make available to them;

That with the objective of allowing Retirement Fund Administrators to better redistribute their operational and administrative efforts, as well as human and material resources towards topics of greater relevance for the strengthening of the pensionary patrimony of Workers, the Recertification process is also eliminated, which is operationally linked to the Transfer Knowledge Sheet, considering that the costs generated in said process could generate greater impacts on topics that directly affect the service provided, particularly regarding investments, as well as the guidance and attention to problems provided in all attention channels for Workers;

That in harmony with the elimination of the Transfer Knowledge Sheet, within the new Transfer scheme, notifications have been incorporated to Workers that allow them to have a closer follow-up regarding the status of their procedure, with the aim of resolving, if necessary, inconsistencies in a timely manner to ensure to a greater extent the exercise of their right to Transfer, in accordance with what is provided in the Law of the Retirement Savings Systems. Likewise, in accordance with this new scheme, guidelines are also established to regulate the possibility that the Worker may freely withdraw from their Transfer request, within a reflection period without the interference or pressures of promotional agents, service, or any other element alien to their will, homologating the process to the current Mobile Transfer in force;

That it is necessary to improve the Unemployment Withdrawal scheme to another in which the sum due to Workers is delivered in a single payment, if they opt for the benefit provided in Article 191 fraction II, clause b) of the Social Security Law, which will allow making their disposal more efficient, since in the previous scheme the fractional payment of the disposal is distributed among reduced amounts that hardly manage to fulfill the objective of providing economic support to the Worker who is in a situation of unemployment, which caused such amounts to often not be effectively withdrawn by the applicants;

That it is convenient to perfect the elements to allow the exchange of information through Application Programming Interfaces (APIs) in order to open the options of procedures and services to new participants, since although the Modifications and additions to these General Provisions published in the Official Gazette of the Federation on November 16, 2018 in its article 337 bis already contained the minimum guidelines to allow the analysis and, if applicable, approval of this type of new models, in attention to the current context in which Financial Technologies are in constant innovation and transformation, it was considered necessary to add a specific chapter for such purpose of perfection, which will also contribute favorably to the follow-up of the adequate implementation of the Law to Regulate Financial Technology Institutions;

That it is necessary to make various operational and drafting clarifications to the Provisions, with the aim of harmonizing the regulations and allowing the efficient implementation of the Pension Reform;

That during the validity of the "SAR" of the years 1992 to 1997 for the IMSS and of 1992 to 2007 for the ISSSTE, due to errors attributed to employers and the lack of effective systems, in some cases the SAR contributions were made to institutes different from those to which the workers contributed, which makes it difficult for many workers to withdraw their resources when obtaining a pension, for which a contingent process must be applied for each case, therefore it is necessary to establish by means of general provisions the procedure that allows the disposal of said resources directly at the counter of the Administrator that holds their Individual Account;

That to reduce administrative costs derived from data storage, to the benefit of the Administrators, it is necessary to establish a specific term for the conservation of documents derived from cancelled or incomplete procedures, regarding the modifications that allow workers to cancel their transfer requests, with which, the general conservation term of 10 years is reduced to only 5 years, only for the referred cases; period that is analogous with the verification powers of other authorities so that this regulatory body may exercise its supervision or, if applicable, sanctioning powers, with which compliance with the regulations is promoted for the benefit of the users of the Retirement Savings Systems;

That to comply with what is established in Article 78 of the General Law for Regulatory Improvement, as well as in Article Fifth of the "Agreement that establishes the guidelines that must be observed by the dependencies and decentralized bodies 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 14, 90 fraction VI, 154 and 156 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 May 15, 2020, 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 .- Articles 1, fractions V, XXI, XXXVII, XLIX, LIX, LXXII and CXX; 3, fraction II, 4, fraction III and third paragraph; 6, fraction II, 7, fraction II and second paragraph; 9 clause a); 14 third paragraph; 16 second paragraph; 19 fraction I; 61; 62 third paragraph; 62 ter third paragraph; 92 fraction I second paragraph; 112 first paragraph; 121, fraction III clauses b. and c.; 149 bis D clause e.; 155 second paragraph; 163 first paragraph; 167; 168 fraction II in its clause b.; 175; 176 first paragraph; 182 second paragraph; 192 first paragraph; 192 bis A fraction III; 192 bis F fraction IV; 192 bis J second paragraph; 192 bis L first paragraph; 210 fraction I clause n. subclauses i. ii. and iii.; 210 quáter first, fourth paragraphs and subclause iv.; 231 first paragraph; 234 second paragraph; 237 first paragraph; 262 fraction III clause c.; 263 fraction III clause 3.; 277 first paragraph fractions I and II; 337 bis fifth paragraph; 387 second paragraph; 388 second and third paragraphs; 389, fraction II; 391 first and fourth paragraphs; 394 first paragraph; 396 first paragraph; 397 first, third and fourth paragraphs; 400 fraction I; 403; 404; 418 first paragraph; 421 first and third paragraphs; 423 first paragraph and fraction II; 424; 425; 426 second paragraph; 427; 428 first paragraph; 429; 430 second and third paragraphs; 434; 438, 439; 440 second paragraph; 464, fraction II; 464 bis; Annex A third paragraph fraction XIII; Annex E in its header and first and second paragraphs and Annex L section A fraction I last paragraph, fraction II, fraction III clause a), Section B fraction I last paragraph, fraction II and fraction III clause a); are MODIFIED, articles 1 with fractions LXXXII bis, LXXXII ter and CVII bis; 5 with a seventh paragraph, moving the current seventh to become eighth; 14 bis; 17 with third, fourth and fifth paragraphs; 149 bis D, with a second paragraph, moving the current second to become third; 176 bis; 176 ter; 176 quáter; 192 bis J with a third paragraph; with Chapter XI Bis "On the return of resources of pensioned workers registered and unregistered deposited in a Social Security Institute other than the correct one" which contains Section I "Preliminary Provisions", Section II "On the return of resources deposited in a Social Security Institute other than the correct one of Pensioned and Registered Workers", and Section III "On the return of resources deposited in a Social Security Institute other than the correct one of Unregistered or Unassigned Pensioned Workers" comprising said chapter articles 385 A, 385 B, 385 C, 385 D, 385 E and 385 F; 387 with fifth and sixth paragraphs; 389 with a fraction III; 396 with a second paragraph moving the current second to become third; 403 with a second paragraph; 404 bis; 404 ter; 404 quáter; 421 with fourth and fifth paragraphs; with Title Eighth "On the exchange of information through the use of Standardized Application Programming Interfaces" which contains the single
Chapter "On Standardized Application Programming Interfaces" comprising articles 487, 488, 489, 490, 491, 492, 493, 494, 495, 496 and 497, and Articles 1 in its fractions LXXII bis and CXIII; 3 in its fraction III; 8 in its fraction IV; 9 in its fraction VII; 112 in its second paragraph moving the current third and fourth to become second and third; 165 in its fraction II; 166; 168 in its fraction IV; 173 in its fraction V and last paragraph; 177; 177 bis; 178; 179; 180; 181; 181 bis; 181 ter; 189 in its fractions VII and IX; 192 bis B; 209 in its fraction III; 210 fraction I clause n. subclause iv.; 217; 218; 219; 220; 221; 222; 222 bis; 222 ter; 223; 224; 225; 226; 227; 228; 234 in its fraction III; 418 in its second paragraph; 428 second paragraph, moving the current third to become second, as well as paragraphs fourth, fifth, sixth and seventh; Annex K; and Annex M, to remain as follows:

" Article 1.

...

I. to IV .

...

V. Promoter Agent, the natural persons who are registered in the Register of Promoter Agents referred to in Article 36 of the Law, who in terms of said numeral may effect, in the name and on behalf of an Administrator, activities of commercialization, promotion, guidance and attention of requests, with the aim of carrying out the Registration and Transfer of Individual Accounts, in the cases provided for in the Law, the Regulations and these general provisions;

VI . to XX .

...

XXI . Beneficiaries, those who in terms of the Social Security Laws and the Law, have the right to request a pension or, if applicable, to withdraw the resources of the Individual Account, in case of death of the holder of said Account, as well as those persons who have been designated by the holder of the Account before an Administrator in terms of these provisions or, if applicable, have been designated before the ISSSTE, according to the pension regime that corresponds to them;

XXII . to XXXVI .

...

XXXVII . Individual Account with pension attribute, the Worker's Individual Account that has the attribute of "Pension", when, in terms of social security laws, it has a resolution or concession of pension, in which subsequent contributions that it might receive, Voluntary Savings contributions, the yields that generate, as well as the other resources that in terms of the Law and the Social Security Laws can be used for the payment of the Life Annuity, Programmed Withdrawal, or Guaranteed Pension will be deposited;

XXXVIII . to XLVIII .

...

XLIX . Net Performance Document, the document in which the Net Performance Indicator for Transfers and the commission on the current balance of the Investment Societies that corresponds according to the Worker's age at the date of signing the Registration and Transfer Request, as well as its period of validity and the rest of the information that the Commission determines are recorded. The Commission will notify the Operating Companies, through Electronic Means, the information and the format of the Net Performance Document. Said Operating Companies must make it available to the Administrators; this document will have a validity from the 15th day of each calendar month to the 14th day of the following month;

L. to LVIII .

...

LIX . Registered Event, the date, accumulated amount of resources in the IMSS RCV Subaccount and the amount of the Partial Unemployment Withdrawal that the Worker receives in terms of what is provided in Article 191 fraction II of the Social Security Law;

LX . to LXXI .

...

LXXII . Registration or Transfer Sheet, in singular or plural, to the unique identification number of each Registration or Transfer Request that the Administrators assign;

LXXII bis. - Repealed LXXIII . to LXXXII .

...

LXXXII bis. Ceding Institute, the Social Security Institute or another Entity that operates other social security regimes and that, under the coverage of a portability agreement, transfers the contribution periods, the resources and any other right obtained by the Worker during the time they contributed to said Institute, in accordance with what is established in the Social Security Laws, to a Receiving Institute;

LXXXII ter . Receiving Institute, the Social Security Institute or another Entity that operates social security regimes and that, under the coverage of a portability agreement, accepts that its contribution periods, resources and any other right obtained by the Worker during the time they contributed in another Social Security Institute or another Entity that operates other social security regimes are transferred and received, in accordance with what is established in the Social Security Laws;

LXXXIII . to CVII .

...

CVII bis . Portability, the transfer of rights obtained in different Institutes or Entities of social security, under the mandatory regime, in terms of what is established in the respective Social Security Laws and the agreements that said Institutes have signed for such purpose;

CVIII . to CXII .

...

CXIII . Repealed.

CXIV . to CXIX .

...

CXX . Life Annuity, the one contracted with an Insurer, which obliges itself to periodically pay a pension during the life of the Pensioner, in exchange for receiving the accumulated resources that correspond from the Associated Subaccounts;

CXXI to CLXIV .

... "

" Article 3.

...

I .

...

II . Individual Accounts with pension attribute

III . Repealed. "

" Article 4.

...

I . to II .

...

III . Administration of the Individual Account and of the Individual Account with pension attribute;

IV . to VII .

...

By administration of the Individual Account or of the Individual Account with pension attribute is understood the policies and procedures relative to:

the reception of contributions;

the registration of balances;

the collection of commissions;

the issuance of account statements;

the issuance of notifications;

the services provided by different means such as can be in"

branch,

through

Electronic

Means

Auxiliary

Companies;

the

modification

update

data;

the

separation

and/or

unification

Individual

Accounts;

the

certification

balances,

the

attention

and

follow-up

the

procedures

and

complaints

presented

them,

and

any

other

process

that

involves

the

data

the

Worker's

Individual

Account,

accordance

with

the

provisions

Article

the

Law.

...

Article

...

The

Transactional

Procedures

Manual

addition

the

above,

must

contain

the

detail

the

interaction

between

the

Participants

the

Retirement

Savings

Systems,

the

Commission

and

Social

Security

Institutes

with

respect

the

National

SAR

Database,

including

any

type

relationship

necessary

for

the

operation

the

diverse

processes

involved

said

interaction.

...

Article

...

II.

Individual

Account

with

pension

attribute,

III.

...

Article

...

II.

Individual

Account

with

pension

attribute,

the

Worker's

Individual

Account

that

has

the

attribute

"Pension"

when,

terms

social

security

laws,

has

resolution

grant

pension,

which

subsequent

contributions

that

might

receive,

Voluntary

Savings

contributions,

the

returns

they

generate,

well

the

other

resources

that,

terms

Social

Security

Laws,

can

used

for

the

payment

the

Life

Annuity,

Programmed

Retirement,

Guaranteed

Pension,

and

III.

...

Workers

who

participate

Social

Welfare

Fund,

may

simultaneously

have

Individual

Account

and

Social

Welfare

Account

Individual

Account

with

pension

attribute

and

Social

Welfare

Account,

the

cases

provided

for

these

general

provisions

and

the general

provisions

applicable

programmed

withdrawals

issued

the

Commission.

Article

...

III.

...

IV.

Repealed

...

Article

...

VI.

...

VII.

Repealed

VIII.

...

a) Authenticate

the

identity

the

Workers

who

enter

the

E-SAR

with

the

Authentication

Factor

Category

higher

accordance

with

the

provisions

Annex

Authentication

Factors

these

General

Provisions.

For

the

purposes

the

above,

the

Administrators

must

submit

this

Commission

for

authorization

the

request

for

authorization

the

authentication

model

they

will

implement,

which

must

consider

least

the

following:

i .

iii .

...

iv .

Analysis

the

technical

and

operational

feasibility

the

authentication

model,

where

least

the

required

technical

resources

for

the

functionality

the

model,

the

profile

and

operational

capacity

the

personnel

involved

the

execution

the

process,

and

the

factors

that

guarantee

the

feasibility

its

implementation

are

established;

...

The

Commission

will

have

maximum

period

thirty

business

days,

counted

from

the

receipt

the

authorization

request

with

complete

documentation,

resolve

the

authorization

requests

for

authentication

models

submitted

the

Administrators,

which

will

have

validity

years

and

may

renewed

for

equal

periods

provided

that

the

renewal

request

submitted

the

interested

Administrator

least

thirty

business

days

prior

the

expiration

date.

...

... "

" Article

217.

repealed "

" Article

218.

repealed "

" Article

219.

repealed "

" Article

220.

repealed "

" Article

221.

repealed "

" Article

222.

repealed "

" Article

222

bis.

repealed "

" Article

222

ter.

repealed "

" Article

223.

repealed "

" Article

224.

repealed "

" Article

225.

repealed "

" Article

226.

repealed "

" Article

227.

repealed "

" Article

228.

repealed "

" Article

231.

The

Commission

will

determine

semiannually

the

return

indices

Individual

Accounts

accordance

with

what

provided

Annex

" G "

these

general

provisions.

...

I .

and

II .

... .

... "

" Article

234.

...

I .

and

II .

... ;

III .

repealed

IV .

and

V .

...

With

regard

fractions

and

this

article,

the

involved

Administrators

must

resolve

cases

presented

for

clarification

within

maximum

period

eight

business

days

counted

from

the

notification

the

case

for

clarification.

... "

" Article

237.

The

Administrators

must

effect

and

the

movements

the

corresponding

charges

for

the

commissions

they

charge

the

Individual

Accounts,

including

the

commissions

they

charge

the

Individual

Accounts

with

pension

attribute

terms

the

general

provisions

applicable

programmed

withdrawals

issued

the

Commission.

... "

" Article

262.

...

I .

II .

...

III .

...

a .

and

b .

...

c .

Original

document

with

which

they

accredit

their

status

Beneficiary.

the

case

where

the

person

designated

Beneficiary

the

Individual

Account

Individual

Account

with

pension

attribute,

accordance

with

the

second

paragraph

article

193

the

Social

Security

Law

before

the

Administrator

question,

will

not

necessary

present

document

this

point. "

" Article

263.

...

I .

II .

...

III .

...

1 .

and

2 .

...

3 .

Original

document

with

which

they

accredit

their

status

Beneficiary.

the

case

where

the

person

designated

Beneficiary

the

Individual

Account

Individual

Account

with

pension

attribute,

accordance

with

the

second

paragraph

article

193

the

Social

Security

Law

before

the

Administrator

question,

will

not

necessary

present

document

this

point. "

" Article

277.

The

Administrators

must

inform

the

Workers

the

result

the

Registration

the

Transfer

their

Individual

Account,

appropriate,

according

the

following:

I .

Within

the

five

business

days

following

the

date

opening

the

Individual

Account

the

settlement

resources,

appropriate,

the

Receiving

Administrators

must

issue

and

send

certificate

Registration

Transfer

the

domicile,

the

worker's

electronic

mail

recorded

the

Registration

Transfer

Application,

appropriate,

the

means

available

for

such

effect

the

Administrator

with

the

prior

authorization

the

Worker,

and

II .

Regarding

Registration

and

Transfer

requests

that

have

been

" Rejected " ,

within

the

five

business

days

following

the

date

which

they

receive

from

the

Operating

Companies

said

result,

they

must

send

the

domicile

the

worker's

electronic

mail,

appropriate,

the

means

available

for

such

effect

the

Receiving

Administrator

with

the

prior

authorization

the

Worker,

document

which

they

inform

the

rejection

their

request

and

the

reasons

that

led

it,

including

the

rejection

was

carried

out

the

Administrator

itself

derived

from

its

customer

verification

processes.

...

a .

and

b .

...

... "

" Article

337

bis.

...

The

Commission

terms

what

provided

the

Law,

may

require

the

requesting

Administrator

any

additional

information

considers

necessary

for,

appropriate,

pronounce

itself

regarding

the

authorization

the

model,

project,

initiative,

notifying,

appropriate,

the

authorization

the

same

the

Operating

Companies

order

that

within

maximum

period

ten

business

days,

said

Operating

Companies

coordinate

with

the

requester

establish

the

agreements

and/or

contracts

required

for

its

formalization;

the

authorization

will

have

validity

two

years,

which

may

renewed

for

equal

periods,

provided

that

the

renewal

request

submitted

the

interested

party

the

latest

thirty

business

days

prior

the

expiration

date.

...

... "

" CHAPTER

BIS

THE

RETURN

RESOURCES

PENSIONED

WORKERS

REGISTERED

AND

UNREGISTERED

DEPOSITED

SOCIAL

SECURITY

INSTITUTE

OTHER "

Section

Preliminary

Provisions

" Article

385

The

Administrators,

must

process

the

requests

for

disposition

resources,

for

the

concept

Retirement

Insurance

and

the

Housing

Subaccount,

that

are

presented

them

pensioned

workers

those

who

are

years

age

older,

their

Beneficiaries,

that

had

accumulated

their

favor

during

the

pension

regime

the

Social

Security

Law

73,

and

the

ISSSTE

Law

force

until

December

31,

2007,

when

the

deposits

said

resources

had

been

effectuated

Social

Security

Institute

different

from

the

one

that

Law

corresponded

them.

The

above

without

being

necessary

for

the

Worker

registered

Administrator.

For

the

effect

the

above,

the

Administrators

and

the

Operating

Companies

must

carry

out

the

necessary

validations

carry

out

the

settlement

and

disposition

the

resources

indicated

the

present

article,

accordance

with

what

established

the

present

Chapter

and

the

Transactional

Procedures

Manual. "

" Section

the

return

resources

deposited

Social

Security

Institute

different

from

Pensioned

and

Registered

Workers "

" Article

385

process

the

requests

for

disposition

resources

referred

this

Chapter,

the

Administrators

must

request

from

the

Registered

Workers,

the

exhibition

the

following

documents

for

the

purpose

that

the

right

and

ownership

the

Workers

over

the

resources

that

might

correspond

them

accredited:

I .

Regarding

Pensioned

Workers

those

who

are

years

age

older:

a .

Pension

Resolution

which

accredited

that

the

worker

has

the

status

pensioned

accordance

with

the

assumptions

provided

for

the

ISSSTE

Law

force

until

March

31,

2007

the

Social

Security

Law

73;

b .

Birth

certificate,

well

CURP,

accredit

that

they

are

years

age

older;

c .

Proofs

Contributions

Retirement

Insurance,

the

Retirement

Insurance

Subaccount

and

the

Housing

Subaccount

the

case

may

be;

d .

the

case

not

having

the

proofs

referred

the

subparagraph,

certificate

issued

their

employer

through

which

they

certify

the

Federal

Tax

Identification

Numbers

with

respect

which

they

effectuated

the

bimonthly

deposit

contributions

Retirement

Insurance

the

Retirement

Insurance

Subaccount

favor

the

requester;

e .

Certificate

issued

their

employer

through

which

they

certify

the

Federal

Tax

Identification

Numbers

with

respect

which

they

effectuated

the

bimonthly

deposit

contributions

Retirement

Insurance,

the

Retirement

Insurance

Subaccount

and

the

Housing

Subaccount

favor

the

requester,

applicable;

f .

Official

identification;

g .

Proof

Federal

Tax

Identification

Number

the

Worker,

and

h .

Standardized

Bank

Key

Number

(CLAKE)

bank

account

which

the

Worker

the

Owner

their

case

their

Beneficiaries.

II .

Regarding

Beneficiaries,

addition

what

established

the

fraction:

a .

Death

certificate

certified

copy

the

holder

the

Individual

Account,

and

b .

The

Resolution

issued

the

authority

that

declares

itself

competent

resolve

the

quality

Beneficiary,

their

case,

designated

Beneficiary

the

Individual

Account

accordance

with

the

Social

Security

Law,

before

the

Administrator

question.

The

Administrator

question

must

effect

the

respective

consultation

the

National

SAR

Database,

for

the

effect

comproving

the

existence

Retirement

Insurance

resources

the

Retirement

Insurance

Subaccount

and

Housing

Fund,

susceptible

recovery

favor

the

requester.

the

affirmative

case,

they

must

manage

the

respective

return

before

the

Social

Security

Institutes,

well

its

proper

settlement

coordination

with

the

Operating

Companies,

make

them

available

the

requester. "

" Section

III

the

return

resources

deposited

Social

Security

Institute

different

from

Pensioned

Workers

not

registered

not

assigned "

" Article

385

process

the

requests

for

disposition

resources

referred

this

Chapter,

the

Administrators

must

request

from

the

Unregistered

and

unassigned

Workers,

the

exhibition

the

following

documents

for

the

purpose

that

the

right

and

ownership

the

Workers

over

the

resources

that

might

correspond

them

accredited:

I .

Regarding

Pensioned

Workers,

unregistered,

unassigned

with

years

age

older:

a .

Pension

Resolution

which

accredited

that

the

worker

has

the

status

pensioned

accordance

with

the

assumptions

provided

for

the

ISSSTE

Law

force

until

March

31,

2007

the

Social

Security

Law

73;

b .

Birth

certificate,

well

CURP,

accredit

that

they

are

years

age

older;

c .

Proofs

Contributions

Retirement

Insurance,

the

Retirement

Insurance

Subaccount

and

the

Housing

Subaccount

the

case

may

be;

d .

the

case

not

having

the

proofs

referred

the

subparagraph,

certificate

issued

their

employer

through

which

they

certify

the

Federal

Tax

Identification

Numbers

with

respect

which

they

effectuated

the

bimonthly

deposit

contributions

Retirement

Insurance

the

Retirement

Insurance

Subaccount

favor

the

requester;

e .

Certificate

issued

their

employer

through

which

they

certify

the

Federal

Tax

Identification

Numbers

with

respect

which

they

effectuated

the

bimonthly

deposit

contributions

Retirement

Insurance,

the

Retirement

Insurance

Subaccount

and

the

Housing

Subaccount

favor

the

requester,

applicable;

f .

Official

identification;

g .

Proof

Federal

Tax

Identification

Number

the

Worker,

and

h .

Standardized

Bank

Key

Number

(CLAKE)

bank

account

which

the

Worker

the

Owner

their

case

their

Beneficiaries.

II .

Regarding

Beneficiaries,

addition

what

established

the

fraction:

a .

Death

certificate

certified

copy

the

holder

the

Individual

Account;

b .

The

Resolution

issued

the

authority

that

declares

itself

competent

resolve

the

quality

Beneficiary,

their

case,

designated

Beneficiary

the

Individual

Account

accordance

with

the

Social

Security

Law

before

the

Administrator

question. "

" Article

385

The

Administrators

when

carrying

out

the

resource

disposition

processes

referred

this

Chapter,

must:

I .

Carry

out

the

processes

that

correspond

accordance

with

the

Transactional

Procedures

Manual

for

the

disposition

resources

the

Retirement

Insurance

Subaccount

and

Housing

for

unregistered

and

unassigned

workers

appropriate;

II .

Validate

with

the

Operating

Companies

the

information

provided

the

worker

and/or

their

beneficiaries

regarding

the

subaccounts

whose

resources

have

been

requested,

considering

the

Federal

Tax

Identification

Number,

internal

account

control

number,

and

Key

the

Credit

Institution

Authorized

Financial

Entity

(ICEFA)

question;

III .

Send

the

Operating

Companies

the

request

for

disposition

the

resources,

specifying:

Type

Withdrawal;

Type

Insurance;

Type

Pension;

Type

Benefit;

Regime;

Date

pension

start,

and

Date

issuance

the

resolution.

IV .

Notify

the

worker

regarding

the

settlement

and

payment

the

resources,

within

maximum

period

five

business

days

counted

from

said

settlement. "

" Article

385

The

Operating

Companies,

accordance

with

the

requests

made

the

Administrators

terms

the

present

chapter,

will

the

following:

I .

Receive

from

the

Administrators

the

requests

for

disposition

resources

the

retirement

insurance

and

housing

fund,

and

they

will

reject

them

the

case

may

be.

the

case

rejection,

they

must

inform

the

reason

for

this

resolution.

II .

They

will

identify

the

amounts

the

accounts

that

will

requested

from

the

Institutes

for

their

transfer

the

Administrators,

and

III .

They

will

confirm

the

Administrators,

regarding

the

requests

that

were

accepted,

for

the

settlement

the

resources

and

transfer

the

same. "

" Article

385

For

those

cases

which

the

workers

not

accredit

the

ownership

the

Retirement

Insurance

and

Housing

Subaccount

resources

referred

this

Title,

due

not

having

the

contribution

proofs

account

statements

due

the

Retirement

Insurance

accounts

being

identified

with

inconsistencies,

the

Administrators

must

request

the

documentation

indicated

the

Transactional

Procedures

Manual.

the

case

where

the

Administrators

verify

that

there

are

balances

recover,

they

must

notify

the

worker

the

result

obtained

the

Operating

Companies

within

maximum

period

five

business

days.

The

Administrators

must

integrate

into

the

workers'

file

the

request

for

processing

resource

disposition

and

the

certificate

its

settlement

favor

the

pensioned

the

worker

over

years

age,

their

case

their

Beneficiaries. "

" Article

387.

...

The

Administrators

must

receive

and

validate

the

information

the

Workers

and

the

Beneficiaries

who

have

the

right

established

the

Social

Security

Laws,

order

manage

the

pension

procedures,

the

delivery

resources

that

terms

the

legal

provisions

may

made

and

partial

withdrawals

from

the

Individual

Account

before

the

corresponding

Social

Security

Institute,

using

the

tools

and

computer

systems

that

for

such

effect

they

provide

their

case

determine

said

Institutes.

...

The

Administrators

terms

the

legal

provisions,

must

deliver

single

exhibition

the

Beneficiaries

expressly

designated

the

Worker

the

fund

administration

contracts

for

retirement

the

formats

that

the

Administrators

make

available

the

Worker

for

the

update

the

designated

beneficiaries,

the

resources

the

Individual

Account

that

correspond,

when

these

not

have

another

specific

purpose.

The

above

will

only

applicable

the

resources

contributed

terms

the

Social

Security

Law

and

the

Beneficiaries

designated

terms

the

second

paragraph

article

193

that

law,

and

according

the

pension

regime

that

corresponds

them.

When

the

Individual

Account

still

has

resources

whose

purpose

specific,

but

there

are

legal

Beneficiaries,

the

Administrator

question

may

deliver

them

the

Beneficiaries

designated

terms

the

second

paragraph

article

193

the

Social

Security

Law,

provided

that

there

resolution

issued

competent

authority

that

resolves

the

non-existence

Legal

Beneficiaries

terms

the

applicable

regulations. "

" Article

388.

...

The

Balance

Consultation

System

has

the

purpose

providing

the

Social

Security

Institutes,

appropriate,

Online

and

Real

Time,

the

balances

the

Individual

Accounts

the

Pension

Prospects,

which

will

used

inform

the

Worker

through

the

Offer

Document

the

preliminary

amounts

that

each

social

security

regime

and/or

Pension

Modality

offers

them.

The

Housing

Balance

Consultation

System

must

provide

INFONAVIT

and

FOVISSSTE

appropriate,

the

housing

balances

the

Individual

Accounts,

for

the

purposes

the

processes

housing. "

" Article

389.

...

I .

...

II .

The

Administrators

must

provide

the

Operating

Companies,

the

information

that

allows

identifying

each

one

the

Individual

Accounts

they

administer

and

the

balances

each

one

the

subaccounts

that

integrate

them,

the

date

which

had

been

requested

the

Social

Security

Institute,

accordance

with

the

formats

and

means

established

the

Operating

Companies,

and

III .

The

Operating

Companies

must

notify

online

and

real

time,

the

request

for

Balances

the

Social

Security

Institutes

and

the

Housing

Institutes,

appropriate. "

" Article

391.

The

Operating

Companies

and

the

Administrators

must

identify

" prior

balance " ,

the

Individual

Accounts

that

have

been

diagnosed

" Accepted "

the

DATA

MART,

for

period

thirty

business

days

counted

from

the

date

which

the

Individual

Account

notified

the

Institute

and

will

cancelled

instructions

the

Institute

the

end

the

period

question

...

From

that

moment

on,

the

Administrators

must

settle

the

resources

accumulated

the

Individual

Account,

with

the

exception

those

invested

the

Bank

Mexico,

accordance

with

the

criteria

that

the

Commission

establishes,

the

latest

the

business

day,

the

account

that

for

such

effect

the

Administrator

makes

available

with

the

purpose

that

the

resources

are

not

affected

fluctuations

the

markets.

... "

" Article

394.

The

Worker

their

Beneficiaries,

based

the

Offer

Document

provided

the

corresponding

Social

Security

Institute,

either

directly

through

the

Administrators,

will

choose

the

regime

social security

under which

they will be pensioned and the

Pension Modality.

... "

" Article

396.

The Operating Companies and the Administrators

on the same day that

the IMSS or the

ISSSTE,

as applicable,

directly or through

the Administrators,

referred to in

the previous article 395,

and have a

" Accepted "

diagnosis,

must update the attributes of the

Individual Account and

identify said accounts as

" Individual Account with

pension attribute "

specifying that it is

in the process of

transfer or disposal of resources.

Likewise, no

operation unrelated to the

disposal or transfer process may be

performed that affects the

Individual Account or the

balance of the Associated Subaccounts,

except when it comes to

processes that collect resources.

The Operating Companies

must notify, in

online and in

real time to the

Social Security Institutes

corresponding, those

records that were

accepted in accordance with what is

established in the

Transactional Procedures Manual.

... "

" Article

397.

The Administrators must

classify the Individual Accounts

with pension attribute and

identify the

Pension Regime and,

if applicable, the

Pension Modality that

corresponds to each

Worker or to their

Beneficiaries.

...

Likewise, the

Administrators, in

accordance with the

criteria established by the

Commission, must

carry out the

refund of the corresponding resources from the

Individual Accounts whose

Resolution, Pension Grant or

Pension Denial has not been

registered in DATA

MART at the latest on the

next business day

after the deadline established in

the previous article 391

or from the cancellation request

requested by the

Social Security Institute.

Once the

Individual Accounts acquire the

" pension "

attribute, the

pensioned Workers or

their Beneficiaries,

as applicable,

may request the

disposal of the resources

corresponding to them,

including the housing resources that in terms of

the Social Security Laws

they are entitled to receive,

either before the

Administrator that operates their

Individual Account or well,

directly before the

INFONAVIT. "

" Article

400.

...

I. To

dispose of the resources of the

Associated Subaccounts to

which they are entitled in

one or several

exhibitions, as applicable;

II.

III.

... "

" Article

403.

For the case of

Guaranteed Pension,

it shall be understood that the

Individual Account of the

Worker does not have a

sufficient balance to

contract a Life Annuity and/or a

Programmed Withdrawal,

including the

Survivorship Insurance for its

Beneficiaries,

in accordance with the

methodologies and systems of

calculation approved by the

Committee referred to in

article 81 of

the Law.

The amount of the

Guaranteed Pension will be

that determined by the

IMSS or the

ISSSTE,

as applicable,

in accordance with what is

provided in the

Social Security Laws. "

" Article

404.

The Operating Companies must

notify the

INFONAVIT or the

FOVISSSTE,

as applicable, the

balance of the Housing Subaccount,

of the Individual Accounts that are

registered as

" account in

process of resource transfer "

as well as, as applicable, the

balance of the Housing Subaccount that the

Workers are entitled to

withdraw in a single

exhibition, on the

same business day as

that on which the

Administrators have informed them of said

balance, in accordance with the

criteria established by the

Commission and that are

established in the

Transactional Procedures Manual. "

" Article

404

bis.

The portability of rights

will originate from the

authorization of the

Ceding Institute in relation to the

recognition of the

contributed periods in the

public and private sectors,

without losing their

rights or services and the

destination of the resources in accordance with the

operational criteria of the

agreement and technical

annexes that both

Social Security Institutes

have signed. "

" Article

404

ter.

The Social Security Institute

responsible for the

issuance and granting of the

pension must provide to the

worker or their

beneficiaries the

offer document with the

pension modality that corresponds

in accordance with what is

established in the

portability agreement that said

Institutes have

signed. "

" Article

404

quáter.

The Operating Companies,

through the

DATA MART, must

provide the necessary

information for the

operation of the

Previous Balances Inquiry System.

For the purposes of the

above:

I. The

Social Security Institute that

corresponds must provide to the

Operating Companies the

data that allow the

identification of the

Pension Prospects, and

II. The

Administrators must provide to the

Operating Companies, the

information that allows

identifying each one of the

Individual Accounts that they

administer and the

balances of each one of the

subaccounts that integrate them,

on the date on which it was

requested by the

Social Security Institute,

in accordance with the

formats and means

established in the

Transactional Procedures Manual. "

" Article

418.

For the cases of

Pensioned by

Guaranteed Pension,

the accumulated resources that

correspond in the

Individual Account will serve for the

payment of the same, for which

they will sign a

contract with the

Administrator, whose

management will be carried out in

accordance with what is

established in the

general provisions applicable to the

programmed withdrawals that

the Commission issues. "

" Article

421.

The Administrators, for the

settlement of the

requests for

partial withdrawals for the

concept of

marriage expense assistance or

assistance for

unemployment, must

adhere to what is

established in the

Social Security Law, the

ISSSTE Law and the

rest of the regulatory

dispositions, as applicable.

...

For

workers who contribute to the

Mexican Institute of

Social Security,

the Administrators must

consider the date of

celebration of the

marriage that the

institute provides in the

certification of the

right, for the

calculation of the

partial disposal for

marriage, in accordance with

what is established by the

Social Security Law.

Additionally, they must

verify with the

Institute through the

Operating Companies, that the

Worker has the

right to the

partial withdrawal for the

concept of

marriage expense assistance.

This right will be

exercised only once and the

insured will not have the

right for

subsequent marriages, as

established by the

Social Security Law. "

" Section

VIII Of the

Partial Withdrawal for

Unemployment and of the

marriage assistance "

" Article

423.

The Administrators must

make available to the

Workers the

requests for

Partial Withdrawal for

Unemployment and of

marriage assistance, which must contain at

least, the

following information,

as applicable:

...

II. For

the case of the

requests for

Partial Withdrawal for

Unemployment of

Workers affiliated with

the IMSS,

the Modality of the

benefit of

Partial Withdrawal for

Unemployment requested and the

Form of Payment must be

incorporated, in accordance with what is

provided in

article 191

fraction II of the

Social Security Law.

III.

...

... "

" Article

424.

To process a

request for

Partial Withdrawal for

Unemployment or

marriage assistance before the

Operating Companies, the

Administrators must

comply, previously, with the

following requirements:

I. That the

worker has carried out the

pre-request for

Partial Withdrawal for

Unemployment or

marriage assistance to which

fractions VIII

and IX of

article 9 of the

present general

dispositions refer.

The Request for

Partial Withdrawal for

Unemployment or

marriage assistance,

can 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 must

consider at least the

objective of the

model, project or

initiative, description of the

model, date of

start of operations, an

analysis of the

security of the

information and of the

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 the

present dispositions, in addition to complying with what is

established in

fractions III,

IV, and V of the

present article.

The authorizations that

the Commission issues

will have a

validity of two

years, which may be

renewed for equal

periods, provided that the

request for

renewal is

presented by the

interested party at the

latest thirty

business days prior to

the date of

expiration.

II.

IV.

...

a. To

Ensure that the

request for

Partial Withdrawal for

Unemployment or of

marriage assistance that is

presented by

Electronic Means to the

Workers adheres to the

guidelines that to that

effect the

Commission determines.

b. To

Include in the

requests for

Partial Withdrawal for

Unemployment an

annex where the

Worker states that he

knows and is

aware of the

implications of the

withdrawal on the

resources accumulated in his

Individual Account and in the

weeks of contribution that he 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 effect the

Commission determines on the

request for

Partial Withdrawal for

Unemployment:

VI.

...

VII. To

Carry out a

review of the

request for

Partial Withdrawal for

Unemployment, to the

effect of verifying the

consent, the

will and the

identification of the

Worker who carries out the

procedure. "

" Article

425.

The operations area of the

Administrator must carry out a

valuation on the

integration of the

file of the

Partial Withdrawal for

Unemployment in question, in

order to verify that the

request complies with the

requirements provided for in

the present section, additionally the

Administrators must

establish the

mechanisms and controls

necessary to allow them to

ensure and

guarantee that the

information of the

request for

Partial Withdrawal for

Unemployment is the

same with which it is

obtained the

resolution before the

IMSS or the

ISSSTE as the

case may be.

The Administrators, once they

comply with the

requirements provided for in

the previous article 424,

must send to the

Operating Companies, in

electronic form, the

information, data and

elements of the

requests for

Partial Withdrawal for

Unemployment or of

marriage assistance at the

latest within

ten

business days from the

date of

signature of the

request for

Partial Withdrawal for

Unemployment or

marriage assistance. "

" Article

426.

...

The Operating Companies, at the

latest on the

next business day

after receiving the

resolution of the

IMSS or the

ISSSTE as the

case may be,

in relation to the

proceedings of the

request for

Partial Withdrawal for

Unemployment of the

Worker in question,

must send to the

Administrator the

resolution that the

IMSS or the

ISSSTE has issued and the

certificate of the

same.

... "

" Article

427.

The Administrators must

inform the

Workers of the

result of the

request for

Partial Withdrawal for

Unemployment or

marriage assistance, within

the three

business days

following the

certification of the

right by the

Social Security Institute

corresponding and, in

case of being

proceeding, they must

effect the

payments corresponding,

in accordance with what is

provided in the

Social Security Law or the

ISSSTE Law,

as applicable and the

present general

dispositions.

Regarding

Workers affiliated with

the IMSS who

request the

Partial Withdrawal for

Unemployment and who

opt for the

benefit provided for in

article 191

fraction II,

inciso a) of the

Social Security Law,

the Administrators must

carry out the

payment that

corresponds, in a

maximum term of

business days from the

receipt by the

Administrators of the

certification of the

right by the

IMSS, as provided for in

the second

paragraph of

article 426

previous.

Regarding

Workers affiliated with

the IMSS who

request the

Partial Withdrawal for

Unemployment and who

opt for the

benefit provided for in

article 191

fraction II,

inciso b) of the

Social Security Law,

the Administrators must

carry out the

payment that

corresponds, in a

maximum term of

five

business days from the

receipt by the

Administrators of the

certification of the

right by the

IMSS, as provided for in

the second

paragraph of

article 426

previous and to

article 428

following.

The Administrators must

inform the

Operating Companies about the

payments to which

the present

article refers, on the

next business day

of having made

available to the

Worker the

resources. "

" Article

428.

Regarding

Workers affiliated with

the IMSS who

opt for the

benefit provided for in

article 191

fraction II,

inciso b) of the

Social Security Law,

the Administrators must

effect in a

single payment the

Partial Withdrawal for

Unemployment.

For said cases, the

Administrators must

authenticate the

identity of the

Worker and carry out the

obtaining of the

manifestation that the

state of

unemployment of the

Worker persists from the

use of the

Mobile Application or

any other

non-presential means that the

Administrator makes

available to him

authorized by the

Commission. "

" Article

429.

...

Likewise, the

Administrators must

establish the

operational procedures

necessary with the

Mexican Institute of

Social Security, through

the Operating Companies,

to inform the

notification of the

payments and the

deduction of the

weeks corresponding, which must

be established in the

Transactional Procedures Manual.

Regarding

Workers who opted for the

benefit provided for in

article 191

fraction II

inciso b) of the

Social Security Law

the Administrators must

settle and make

available to the

Workers the

resources that

correspond once the

Worker requests the

payment that

corresponds, either

in person or through

the mobile application,

in accordance with what is

provided in

article 428

previous, in

accordance with the

instructions that for

such effect they have

indicated in the

request for

Partial Withdrawal for

Unemployment.

When the

Worker has requested the

payment of the

Partial Withdrawal for

Unemployment, the

Administrators must

inform the

Worker that he has a

maximum term of

six

months counted from

the date on which the

resources have been made

available to him,

to collect the

Partial Withdrawal for

Unemployment that he had

requested, in accordance with

what he is entitled to.

After the deadline

indicated in the

previous paragraph,

in case that the

Worker has not

collected his

Partial Withdrawal for

Unemployment, the

Administrator, within

the 5

business days

subsequent must:

Reimburse the

uncollected resources to the

Retirement, Old Age and

Survival Subaccount of the

Worker;

II.

Inform the

Worker, by any of the

contact means he has, of the

refund of resources to his

Individual Account for

not having collected them and that he may

exercise again his

right to the

Partial Withdrawal for

Unemployment after

the deadline indicated in

article 191 of the

Social Security Law;

III.

Notify the

Operating Companies regarding

the resources

reintegrated in the

Individual Account of the

Worker, and

IV.

Request from the

IMSS through the

Operating Companies that it carries out the

reimbursement of the

weeks of contribution that were

deducted from the

Worker for not having

been collected the

resources, as applicable. "

Section

IX Of the

disposal of resources derived

from the

Pension Plans

" Article

430.

...

Likewise, the amount of the

monthly pension of the

cited plans,

must be

higher by more than

thirty percent to the

Guaranteed Pension that

corresponds, according to the

table

established in

article 170 of the

Social Security Law and

article 92 of the

ISSSTE Law.

The pension plans that are

registered before the

Commission, will be

published on the

Web page of the

Commission. "

" Article

434.

The Administrators must

notify the

Operating Companies,

in order that these

classify in the

National SAR Database the

requests that are

accepted as

Individual Account with

pension attribute,

indicating that it is for a

pension plan. "

" Article

438.

The Administrators that receive from the

Workers the

request for

disposal of

contributions of

Voluntary Savings to which

article 437

previous refers must

verify that the

Worker is

registered in the

Administrator and that the

following is

complied with:

I. The

period of

permanence, if any,

established in the

information prospectus of the

Investment Society in which the

resources corresponding to the

Voluntary Contributions are

invested;

II. That

regarding

Complementary Retirement

Contributions, the

Worker has the

right to dispose of the

Quotas and

Mandatory Contributions to the

Retirement Savings System.

III. That the

Voluntary Contributions are

accredited in the

Individual Accounts of the

Workers. "

" Article

439.

In case that the

validation criteria

mentioned in

article 438

previous are

complied with, the

Administrators must

make available the

resources requested at the

latest on the

fifth

business day

following the

request for

disposal of the

Voluntary Savings subaccount that

corresponds, provided that it is

proceeding, in accordance with

what is

established in the

Transactional Procedures Manual. "

Section

XI Of the

modifications and

cancellations of

Pension

" Article

440.

...

The Operating Companies, on the

same day that the

Social Security Institutes or the

Insurance Companies,

as applicable,

carry out the

registration for a

modification or

cancellation of

pension, must

identify the

Individual Accounts that

correspond to the

Workers who have obtained a

modification or

cancellation of

pension from the

insurances provided for in the

Social Security Laws,

as well as update the

attributes of the

Individual Accounts in the

National SAR Database and

carry out the

identifications that

correspond, likewise they must

notify it to the

Administrators and to the

Social Security Institutes

corresponding, including those that

administer the resources of the

Housing Subaccount, in

accordance with what is

established in the

Transactional Procedures Manual. "

" Article

464.

...

II. That they

have the legal

powers to be

notified of the

administrative acts

indicated in

article 22

previous and, as applicable, for the

sending of the

Digital Documents to which

article 458 of the

present general

dispositions refers, or well, to

inform that they are

already registered before the

general registry of

powers of the

Commission. "

" Article

464

bis.-

The Participants in the

retirement savings

systems, at all

times must

maintain updated and

valid the

Digital Certificates of

at least two of their

legal representatives, of their

Normative Controllers and

Authorized Officials,

as applicable.

In this sense, they must

inform the

Commission of the

corresponding updates so that they

take effect in the

systems of both the

Central Entity and of the

Commission itself. "

" EIGHTH TITLE

OF THE EXCHANGE OF

INFORMATION THROUGH THE

USE OF STANDARDIZED

APPLICATION PROGRAMMING

INTERFACES

Chapter

Unique Of the

Standardized Application

Programming Interfaces "

" Article

487.

The Operating Companies

will establish

standardized application

programming interfaces

that enable the

exchange of information

and services;

and the

connectivity and

access of other interfaces of

Application Programming

developed or

administered by the

Participants of the

Retirement Savings Systems,

Support Companies,

Financial Technology Companies,

Auxiliary Companies,

Non-Governmental Organizations (NGOs), governmental entities,

international organizations or

corporations,

provided that the subjects to

which this

paragraph refers:

I. Have

the authorization of their

service model by

the Commission for the

interaction of their

application programming

interfaces.

II. Celebrate the

Contract respective with the

Operating Companies and/or the

Entities mentioned in the

first paragraph of this article for the exchange of information.

III. Comply with the security, technical, and service guidelines of the Operating Companies in order to share the following data and information:

a. Open financial data: those generated by the Entities referred to in the first paragraph of this article, which do not contain confidential information, such as information on services and procedures offered to the general public, the location of offices and branches, bank ATMs, kiosks, or other points of access to services, among others and as applicable;

b. Aggregated data: those relating to any type of statistical information related to operations carried out by or through the entities mentioned in the first paragraph of this article, without containing a level of disaggregation such that personal data or transactions of a person can be identified;

c. Transactional data: those related to the operation of Individual Accounts including balances, contributions, withdrawals, and, in general, any other information related to the transactions of Workers. These data, in their character as personal data of the Workers, may only be shared with the express authorization of these; The information mentioned in the previous clause may only be used for the purposes strictly authorized by the Worker. The entities mentioned in the first paragraph of this article must interrupt access to information as soon as the holder withdraws their consent, there are vulnerabilities that put their clients' information at risk, or the third party fails to comply with the terms and conditions agreed upon for the exchange of information. Such interruption must be notified within a period no greater than two hours from its detection, to the Commission, which may order the restoration of access to the information, in cases where it is determined that the interruption was unjustified, regardless of the administrative sanctions that correspond. The Entities referred to in the first paragraph of this present article will be responsible for compliance with the applicable regulations, regarding the personal data and information that is exchanged between them. "

Article 488. The Operating Companies must:

I. Define the corresponding Technical Annex for the interoperability of application programming interfaces; the design, development, maintenance, and security mechanisms of these interfaces for the access, sending, or obtaining of data and information, the information considered critical for the proper functioning of the applications that require the use of these interfaces, as well as the mechanisms by which consent and, where applicable, withdrawal of consent by the client will be obtained.

II. Establish in the Transactional Procedures Manual, the interoperability conditions of the application programming interfaces for the Participants of the Retirement Savings System and Social Security Institutes. In any case, the mechanism to cancel the exchange of information must be included when any of the Entities referred to in article 487 of these general provisions, which exchange information, notifies the Operating Company that one of its clients or users opposed or canceled their authorization for the exchange of their information. "

Article 489. The entities mentioned in the first paragraph of article 487 of these general provisions, under their responsibility, may allow information and data requesters to propose and test the introduction of new products and services before offering them to the public, temporarily exchanging such information and data with them during the testing stage, provided that they comply with the security, interoperability, technical, and service requirements of the Operating Companies and the conditions established for such effect by the Commission. "

Article 490. The Commission, after granting the right to be heard to the entities mentioned in the first paragraph of article 487 of these general provisions, may order the partial or total, temporary or definitive, suspension of the exchange of information and data that takes place, when the provisions of this Chapter on the protection of the interests of the public are not complied with. The foregoing, unless the Commission approves a self-correction program that meets the requirements established for this purpose in the current regulations. "

Article 491. The Commission may require from the entities mentioned in article 487 of these general provisions and, through them, from those with whom they exchange data and information under the terms of this article, records, documents, data, reports, and in general, the information it deems necessary to verify compliance with this Chapter. "

Article 492. The Commission will formulate directly to the entities mentioned in article 487 of these general provisions, the information requirements and, where applicable, the observations and corrective measures derived from the supervision it carries out on account of this Chapter to ensure the integrity of the information and adherence to what is established in the regulations. Likewise, the Commission will be empowered at all times to carry out supervision, inspection, and surveillance acts on the entities mentioned in article 487 of these general provisions, as well as to conduct inspections on said entities regarding the exchange of information and data, or to order them to carry out audits, with the entity itself being obliged to submit a report on the matter to the Commission. The Commission will specify, where applicable, the purpose of the inspections or audits, which must be limited to the matter of the contracted service and compliance with what is provided in the current regulations. To this effect, the entities mentioned in article 487 of these general provisions must agree in the contracts through which the exchange of data and information is formalized, accepting adherence to what is established in this present article. "

Article 493. Administrators, Support Companies, Non-Governmental Organizations (NGOs), government entities, international organizations, or legal persons may present before the Commission for authorization, the models, projects, or initiatives that, through innovation and the use of technology, provide information services through the exchange of information referred to in article 487 of these general provisions. For the purposes of the foregoing, the entities described in the first paragraph must send to the Commission their authorization request, which must contain the description of the model, project, or initiative to be considered, its objective, and the expected results, an analysis of the security of the information and personal data, as well as the operational and technical feasibility and, where applicable, the authentication factor to be used, accrediting that the requirements established in Annex B of these general provisions are met. "

Article 494. The Commission, in terms of what is provided by the Law, may require the requesting entity any additional information it considers necessary to, where applicable, rule on the authorization of the model, project, or initiative, notifying, where applicable, the authorization thereof to the Operating Companies, in order that within a maximum period of ten business days, said Operating Companies coordinate with the requester to establish the agreements and/or contracts required for their formalization, as well as the work plan for compliance with the technical requirements referred to in article 488 of these general provisions; the authorization will have a validity of one year, which may be renewed for equal periods, provided that the renewal request is presented by the interested party no later than thirty business days prior to the expiration date. "

Article 495. The Commission, after analyzing the operational, technical, and information and personal data security feasibility, may authorize the models, projects, or initiatives, within a maximum period of thirty business days, counted from the receipt of the authorization request with complete documentation. "

Article 496. For the operation of the models, projects, or initiatives in accordance with what is provided in article 493 of these general provisions, the entities must:

a. Have trained personnel to enable and operate the project, models, or initiatives, so that, where applicable, they provide the correct information to the Workers; b. Comply with the personal data treatment approved by their holder, ensuring that the information obtained from it for the development of the project, model, or initiative, is used solely for that purpose; c. Have security mechanisms that protect the information and data of the Workers, independent of the requirements established for such effect by the Operating Companies. "

Article 497. In the event that the models, projects, or initiatives cease to meet the necessary requirements for their operation or do not guarantee the security of the transactions, information, or Worker data, the Commission may order the suspension of the operations of said models or revoke their authorization. "

ANNEX A FUND ADMINISTRATION CONTRACT FOR RETIREMENT ... ... ... I. a to XII. ... XIII. Designation of the Beneficiaries who, where applicable, will have the right to receive the resources of the Individual Account that, in terms of the legal provisions, can be delivered in a single payment for having no other specific purpose, in terms of the second paragraph of article 193 of the Social Security Law, and which may be different from the legal beneficiaries; and the percentage for each of them, which, invariably, must sum 100%.

XIV. to XXVI. ... ... "

ANNEX E REQUIREMENTS THAT REGISTRATION AND TRANSFER REQUESTS MUST CONTAIN

Administrators must ensure that the Registration and Transfer Requests made available to Workers meet the following characteristics:

I. to IV. ....

Administrators must ensure that the Electronic Means used to make the Registration and Transfer Requests available to Workers display the information on a screen of at least 7 inches.

ANNEX K (Repealed)

ANNEX L WORKER CONTACT THROUGH TELEPHONE CALLS OR HOME VISITS

A. ... I. ... a. to e. ...

For the case of Registration and Transfer processes, when the phone number to contact the Worker, recorded in the respective request, is in any of the aforementioned scenarios, the Administrator may not continue with the management of Registration or Transfer of the Individual Account.

II. If the Worker answers the call, they must authenticate the Worker's identity and confirm that the Registration or Transfer Request was the Worker's will. If the Worker's will is not confirmed, the Administrator may not continue with the management of the Registration or Transfer of the Individual Account;

III. ... a) Confirm if they know the Worker who requested the Registration or Transfer, and b) ...

IV. ... ...

B. ... I. ... a. ... b. ...

For the case of Registration and Transfer processes, when the address recorded in the respective request is in any of the aforementioned scenarios, the Administrator may not continue with the management of Registration or Transfer of the Individual Account.

II. If the Worker is the one who answers at the home, they must authenticate the Worker's identity and confirm that the Registration or Transfer Request was the Worker's will. If the Worker's will is not confirmed, the Administrator may not continue with the management of the Registration or Transfer of the Individual Account.

III. ... a) Confirm if they know the Worker who requested the Registration and Transfer b) ...

IV. ... ...

ANNEX M (Repealed)

TRANSITORY PROVISIONS

FIRST.- These modifications and additions will enter into force on the next business day following their publication in the Official Gazette of the Federation, with the exception of the following:

I. The modifications and additions regarding Beneficiaries, to the General Provisions on the operations of the retirement savings systems, must be implemented and operated starting from October 4, 2021, with the objective of allowing the instrumentality related to the designation of beneficiaries referred to in article 193 of the Social Security Law and in compliance with what is established in the Ninth Transitory Article of the DECREE by which various provisions of the Social Security Law and the Law of the Retirement Savings Systems are reformed, added, and repealed. Published in the Official Gazette of the Federation on December 16, 2020, with the exception of what is established in the penultimate and last paragraphs of article 14 bis, which will enter into force twelve months after the date of publication of these modifications and additions. Administrators, during the year 2021, must carry out actions to invite Workers to request the update of their data, with the purpose that they designate the Beneficiaries referred to in the second paragraph of article 193 of the Social Security Law. Administrators must have the modifications to their contracts, forms, and other documents used for the purpose of collecting the data of the designated beneficiaries in terms of the second paragraph of article 193 of the Social Security Law, no later than October 4, 2021.

II. Chapter XI Bis On the return of resources of pensioned workers registered and unregistered deposited into a Social Security Institute Other, with its articles 385 A to 385 F, which are added to Title Six of the General Provisions on the operations of the retirement savings systems, will enter into force on October 1, 2021, so that from that date onwards, Administrators must process the requests for resource disposition that they receive for such concepts.

III. The elimination of the Transfer Knowledge Folio and the Recertification process will enter into force on January 3, 2022, so that from that date onwards, Administrators must cease to operate said processes.

IV. The modifications and additions regarding validity for the models referred to in articles 62 ter, 210 quáter, 337 bis, and 424, will enter into force as follows:

a) Article 62 ter on July 1, 2022. b) Article 337 bis at 120 natural days after the publication of these general provisions in the Official Gazette of the Federation. Authorizations granted, to the models referred to in articles 62 ter and 337 bis of the General Provisions on the operations of the retirement savings systems, before the entry into force dates referred to in subclauses a) and b) above, will remain valid during the period for which they were authorized. Once the aforementioned modifications and additions enter into force, the models that are authorized for the first time or renewed, will have the validity established by these modifications and additions. c) Article 210 quáter on December 1, 2021. d) Article 424 on July 1, 2022. Authorizations granted, to the models referred to in articles 210 quáter and 424 of the General Provisions on the operations of the retirement savings systems, before the entry into force dates referred to in subclauses c) and d) above, will be valid until November 30, 2021, and June 30, 2022, respectively. Once the aforementioned modifications and additions enter into force, the models that are authorized for the first time or renewed, will have the validity established by these modifications and additions, prior to compliance with the requirements established therein.

V. What relates to Title Eight On the Exchange of Information through the use of Standardized Application Programming Interfaces with its Chapter I of Standardized Application Programming Interfaces and its articles from 487 to 498 will enter into force on October 1, 2021.

VI. The modifications to articles 173, 175, 176, 176 bis, 176 ter, 176 quáter, and 192 bis J will enter into force on January 1, 2022.

VII. The modifications to article 429 will enter into force on the next business day of its publication, with the exception of the fourth paragraph with its subclauses I, II, III, and IV, which will enter into force ninety business days after the date of publication of these modifications and additions.

SECOND.- Until article 170 of the Social Security Law enters into force, all calculations and considerations related to said article must be carried out in accordance with what is established in the Fourth Transitory Article of the DECREE by which various provisions of the Social Security Law and the Law of the Retirement Savings Systems are reformed, added, and repealed, published in the Official Gazette of the Federation on December 16, 2020.

THIRD.- With the entry into force of these modifications, all provisions that contravene these are hereby repealed.

Mexico City, June 22, 2021. - The President of the National Commission of the Retirement Savings System, Abraham E. Vela Dib. - Signature.

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