2021-06-29 | DOF 5622405Added · Updated
The National Commission for the Retirement Savings Systems modifies and adds to the General Provisions to implement the 2021 Pension Reform, allowing the coexistence of Life Annuity and Programmed Withdrawals. It establishes procedures for beneficiaries to access individual account resources without prior judicial recognition, eliminates the Transfer Knowledge Sheet and Recertification process to reduce operational costs, and introduces a single-lump-sum withdrawal for unemployment. Additionally, it creates a new chapter for returning resources deposited in the wrong social security institute and establishes a specific chapter for information exchange via standardized Application Programming Interfaces.
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
TO
THE
GENERAL
PROVISIONS
ON
OPERATIONS
OF
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
or
Auxiliary
Companies;
the
modification
or
update
of
data;
the
separation
and/or
unification
of
Individual
Accounts;
the
certification
of
balances,
the
attention
and
follow-up
to
the
procedures
and
complaints
presented
to
them,
and
any
other
process
that
involves
the
data
of
the
Worker's
Individual
Account,
in
accordance
with
the
provisions
of
Article
18
of
the
Law.
...
...
...
...
...
"
Article
...
...
...
...
...
...
The
Transactional
Procedures
Manual
in
addition
to
the
above,
must
contain
the
detail
of
the
interaction
between
the
Participants
of
the
Retirement
Savings
Systems,
the
Commission
and
Social
Security
Institutes
with
respect
to
the
National
SAR
Database,
including
any
type
of
relationship
necessary
for
the
operation
of
the
diverse
processes
involved
in
said
interaction.
...
"
Article
...
...
I.
...
II.
Individual
Account
with
pension
attribute,
or
III.
...
"
Article
...
I.
...
II.
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
grant
of
pension,
in
which
subsequent
contributions
that
it
might
receive,
Voluntary
Savings
contributions,
the
returns
they
generate,
as
well
as
the
other
resources
that,
in
terms
of
Social
Security
Laws,
can
be
used
for
the
payment
of
the
Life
Annuity,
Programmed
Retirement,
or
Guaranteed
Pension,
and
III.
...
Workers
who
participate
in
a
Social
Welfare
Fund,
may
simultaneously
have
an
Individual
Account
and
a
Social
Welfare
Account
or
an
Individual
Account
with
pension
attribute
and
a
Social
Welfare
Account,
in
the
cases
provided
for
in
these
general
provisions
and
in
the general
provisions
applicable
to
programmed
withdrawals
issued
by
the
Commission.
"
Article
...
I.
to
III.
...
IV.
Repealed
V.
...
...
"
Article
...
I.
to
VI.
...
VII.
Repealed
VIII.
to
X.
...
...
...
a) Authenticate
the
identity
of
the
Workers
who
enter
the
E-SAR
with
the
Authentication
Factor
category
2
or
higher
as
referred
to
in
fraction
II
of
Annex
B
of
these
general
provisions;
said
authentication
will
only
be
applicable
to
those
services
related
to
the
issuance
of
the
certificate
on
the
implications
of
the
Transfer,
disposition
of
resources
for
wedding
expense
assistance,
Partial
Retirement
for
Unemployment,
and
those
of
disposition
of
resources
as
referred
to
in
Article
406
of
these
general
provisions,
as
well
as
for
those
services
that
require
a
minimum
level
of
authentication
in
terms
of
the
Transactional
Procedures
Manual.
b)
to
f)
...
...
...
"
Article
...
...
At
least
once
a
year,
the
Administrators
must
contact
telephonically
or
through
any
other
non-presential
means
established
in
their
Policies
and
Procedures
Manuals,
the
Workers
who
are
60
years
of
age
or
older,
who
have
not
initiated
their
pension
procedure,
in
order
to
inform
them
of
the
characteristics
of
their
Individual
Account,
the
retirement
options
they
have,
and
the
procedures
they
must
carry
out
to
obtain
the
pension
corresponding
to
their
case,
as
well
as
to
invite
them,
if
appropriate,
to
carry
out
the
designation
of
their
Beneficiaries
or
the
update
of
these.
The
Administrators
must
preserve
evidence
of
the
contact
with
the
Worker.
When
the
Worker
is
65
years
of
age
or
older,
the
Administrator
in
question
must
communicate
to
the
Worker
through
the
quarterly
statement
that,
in
their
case,
they
have
resources
that
can
be
disposed
of
in
accordance
with
what
is
established
in
Article
408
of
these
general
provisions.
While
the
Worker
has
not
been
contacted
in
accordance
with
what
is
established
in
this
paragraph
and
while
they
have
not
initiated
their
pension
procedure,
the
Administrator
will
inform
them
through
any
non-presential
means
that
they
have
resources
to
dispose
of.
The
Administrators
must
establish
said
non-presential
means
in
their
Policies
and
Procedures
Manuals,
preserving
evidence
of
contact
with
the
Worker.
...
"
Article
14
bis.
The
Administrators
must
collect
information
on
the
beneficiaries
designated
by
the
Worker
as
part
of
the
fund
administration
contract
for
retirement,
in
accordance
with
what
is
established
in
clause
e.
of
fraction
I
of
Article
149
bis
D
and
clause
n.
of
fraction
I
of
Article
210
of
these
general
provisions
or
in
the
processes
in
which
the
Worker
decides
to
update
said
data.
The
Administrators
must
send
to
the
Operating
Companies,
no
later
than
the
fifth
business
day
after
receiving
the
information,
regarding
the
beneficiaries
referred
to
in
the
previous
paragraph.
The
Operating
Companies
must
register,
safeguard,
administer,
and
update
in
the
National
SAR
Database
the
information
on
the
beneficiaries
they
receive
from
the
Administrators
in
accordance
with
what
is
established
in
the
preceding
paragraph.
The
Operating
Companies,
based
on
the
Beneficiary
information
registered
in
the
National
SAR
Database,
must
integrate,
in
accordance
with
what
is
established
in
the
Transactional
Procedures
Manual,
a
record
that
allows
the
general
public
to
consult
online
and
in
real
time
if
they
are
designated
as
a
Beneficiary
in
any
Administrator.
The
record
referred
to
in
the
previous
paragraph
will
be
available
on
the
digital
platforms
determined
by
the
Commission,
ensuring
the
confidentiality
of
the
personal
data
of
the
Beneficiaries
and
the
Workers.
"
Article
...
Said
documents,
with
the
exception
of
the
Biometric
Signature
and
the
other
biometric
elements,
captured
and
stored
through
Electronic
Means,
must
be
kept
available
to
the
Commission
for
its
supervision,
and
to
the
Workers
for
their
consultation
during
the
time
they
administer
the
Individual
Account
and
for
a
minimum
period
of
ten
years
subsequent
to
the
conclusion
of
said
administration.
In
cases
where,
for
any
reason,
the
procedure,
service,
or
transaction
is
cancelled,
or
cannot
be
completed,
the
Administrator
will
preserve
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.
...
"
Article
...
...
The
contract
must
contain
the
designation
of
Beneficiaries
as
established
in
Annex
A
of
these
provisions.
At
the
Worker's
request,
Beneficiaries
may
be
substituted
or
the
percentage
assigned
to
each
of
them
modified
at
any
time.
The
update
in
the
designation
of
beneficiaries
will
render
previous
designations
made
by
the
Worker
null
and
void.
When
the
Worker
wishes
to
not
make
a
designation
of
Beneficiaries,
this determination
must
be
recorded
in
the
same
section
of
the
contract
or
the
format
through
which
this data
is
updated.
"
Article
...
I.
Offer,
grant,
promise,
or
cede
money,
objects,
or
any
other
benefit,
directly
or
indirectly,
to
Workers,
companies,
unions,
or
persons
who
can
exert
pressure
on
the
Workers,
with
the
aim
of
receiving,
committing,
conditioning,
and/or
processing
the
Registration,
the
Transfer,
or
any
other
service
related
to
the
administration
of
the
Individual
Account;
II.
...
III.
...
"
Article
The
Administrators
must
structurally
and
functionally
segregate
the
commercial
area
from
the
operational
area,
so
that
the
commercial
area
must
not
have
any
interference
in
the
processing
and
verification
of
the
Registration
and
Transfer
Requests
carried
out
by
the
operational
area.
"
Article
...
... .
Regarding
the
processes
of
Registration,
Transfer,
Separation
of
Individual
Accounts,
Unification
of
Individual
Accounts,
disposition
of
resources,
whether
total
or
partial,
modification
or
update
of
the
data
of
the
Worker's
Identification
File
as
referred
to
in
fraction
I,
clauses
a.,
b.,
c.,
d.
and
e.
of
Article
210
below,
as
well
as
for
the
contracting
of
Programmed
Retirements
and
Guaranteed
Pensions
as
referred
to
in
the general
provisions
applicable
to
programmed
withdrawals
issued
by
the
Commission,
the
Administrators
must
use
authentication
factors
category
5,
in
accordance
with
what
is
provided
in
Annex
"B"
of
these
general
provisions.
"
Article
62
ter.
...
I.
to
VIII.
...
...
The
authorization
issued
by
the
Commission,
if
applicable,
will
have
a
validity
of
two
years,
which
may
be
renewed
for
equal
periods,
provided
that
said
request
is
submitted
by
the
interested
Administrator
at
least
thirty
business
days
prior
to
the
expiration
date.
...
...
...
...
"
Article
...
I.
...
a.
to
h.
...
The
Administrators
and
Service
Providers
must
adopt
practices
for
the
Administration
of
Operational
Risk
that
guarantee
the
correct
registration
and
modifications
of
the
personal
data
of
the
Workers,
the
contributions,
returns,
commissions,
and
withdrawal
of
resources
from
the
Individual
Accounts,
as
well
as
of
the
processes
of
Registration,
Transfer
of
Individual
Accounts,
the
custody
of
the
data
and
historical
information,
in
the
case
of
a
modification
in
the
data
of
the
Workers
in
the
Individual
Accounts,
as
well
as
for
the
administration
of
the
changes
in
Operational
Risk
derived
from
the
systematization
of
the
processes
and/or
the
application
of
technology
in
the
operation
and
processing
of
the
information
of
the
same.
...
II.
...
a.
to
f.
...
III.
...
a.
to
d.
...
"
Article
The
Operating
Companies
must
integrate,
custody,
administer,
and
update
the
databases
that
are
necessary,
related
to
the
Electronic
Files,
Biometric
Signatures,
as
well
as
to
the
processes
of
opening,
Registration,
Transfer,
and
disposition
of
resources
of
the
Individual
Accounts,
as
well
as
of
the
other
processes
established
in
these
general
provisions.
...
...
"
Article
...
...
...
...
...
I.
and
II.
...
III.
Original
of
any
of
the
following
documents
provided
that
it
has
not
been
designated
as
a
beneficiary
before
the
Administrator:
a.
...
b.
Marriage
certificate,
which
must
be
free
of
inscriptions
or
annotations
and
must
have
been
issued
by
the
Civil
Registry
in
a
period
not
greater
than
6
months
prior
to
the
date
of
the
Request,
and
c.
Resolution
issued
by
the
competent
authority
to
resolve
the
quality
of
Beneficiary.
...
...
...
"
Article
149
bis
D.
...
I.
...
a.
to
d.
...
e.
Data
of
the
Beneficiaries,
if
applicable,
considering
at
least:
i.
Full
name;
first
name(s),
paternal
surname,
and
maternal
surname,
if
applicable;
ii.
CURP,
and
iii.
Percentage
assigned
to
each
Beneficiary,
which
invariably
must
sum
to
100%.
II.
to
III.
...
The
Administrators
will
have
a
period
of
two
business
days
from
the
time
the
Worker
has
captured,
through
the
Mobile
Application,
the
information
referred
to
in
this
article,
to
perform
the
validation
of
the
content
of
the
Mobile
File.
...
"
Article
...
Likewise,
when
derived
from
the
verification
processes
of
the
Administrators
or
from
the
exercise
of
the
supervisory
powers
of
the
Commission,
Undue
Registrations
or
Registrations
with
errors
or
inconsistencies
that
are
considered
as
Undue
Registrations
are
identified,
the
operations
area
of
the
Administrators
through
the
controls
and
samples
indicated
in
their
Policies
and
Procedures
Manuals,
must
ensure
to
review
the
files
of
the
Registrations
and
Transfers
that
the
Promoting
Agent
in
question
has
managed
in
the
last
twelve
months;
likewise,
it
must
ensure
to
review
the
files
of
the
Registrations
that
the
Support
Companies
or
FinTech
Companies
have
managed
in
the
last
twelve
months.
"
Article
Regarding
the
Registration
of
Individual
Accounts
in
which
the
settlement
of
resources
is
required,
the
Administrators
and
the
Operating
Companies
must
carry
out
the
settlement
of
the
resources
on
a
weekly
basis,
while
the
Service
Providers
and
the
Operating
Companies
must
carry
out
the
settlement
of
the
resources
on
a
monthly
basis
in
accordance
with
the
resource
settlement
calendars
of
the
Bank
of
Mexico.
...
"
Article
...
I.
... ;
II.
Repealed;
III.
to
VI.
... .
...
...
"
Article
Repealed.
"
Article
The
Receiving
Administrators
must
ensure
to
manage
the
Transfers
of
the
Individual
Accounts
within
a
maximum
period
of
twenty
business
days
counted
from
the
signature
of
the
Transfer
Request
and
until
the
settlement
of
the
resources,
in
accordance
with
the
calendars
that
the
Operating
Companies
have
established
for
such
effect.
"
Article
...
I.
...
II.
...
a.
...
b.
Transfer
Request
in
which
the
Administrator
to
which
the
Worker
wishes
to
transfer
their
Individual
Account
is
stated
and
which
must
contain
the
fund
administration
contract
for
retirement,
in
accordance
with
what
is
established
in
Annex
A
of
these
provisions;
c.
...
d.
...
...
III.
...
IV.
Repealed.
IV
bis.
to
VIII.
..."
Article
...
I.
to
IV.
...
V.
Repealed.
VI.
to
XI.
...
...
...
Repealed.
"
Article
The
Receiving
Administrators
must
ensure
that
the
Workers
record
their
Biometric
Signature
through
the
Electronic
Means
made
available
by
the
Administrators,
once
the
request
is
properly
filled
out,
in
the
following
documents:
I.
Transfer
Request,
and
II.
Net
Performance
Document.
The
Receiving
Administrators
must
have
electronic
mechanisms
that
allow
them
to
ensure
the
integrity,
security,
reliability,
and
confidentiality
of
the
Transfer
Requests
once
the
Workers
have
signed
them.
Once
the
Transfer
Request
is
signed
by
the
Worker,
it
cannot
be
modified
or
added
to.
"
Article
The
Receiving
Administrators
must
ensure
that
the
Net
Performance
Documents
and
the
Transfer
Requests
made
available
to
the
Workers
comply
with
the
requirements
provided
for
in
Article
173,
and
in
Annexes
"A",
"C"
and
"E"
of
these
general
provisions,
are
valid,
personalized,
as
well
as
that
the
fields
for
the
Workers
and
the
Promoting
Agents
to
enter
their
Biometric
Signature
and
their
Digital
Handwritten
Signature
are
within
the
same
document
and
in
sight
of
the
Worker.
...
...
"
Article
176
bis.
The
Receiving
Administrators
will
have
a
maximum
period
of
five
business
days
counted
from
the
date
on
which
the
Worker
has
signed
the
Transfer
Request,
to
notify
the
request
to
the
Operating
Companies.
On
the
day
of
the
notification
referred
to
in
the
previous
paragraph,
the
Administrator
must
notify
the
Worker,
through
any
contact
means
they
have,
of
the
period
they
have
to
cancel
their
request,
in
accordance
with
what
is
established
in
Article
176
quater
below,
informing
them
of
the
channels
through
which
they
can
carry
out
said
cancellation.
"
Article
176
ter.
The
Transfer
Request
will
have
a
validity
of
five
business
days,
counted
from
the
date
of
the
notification
to
the
Operating
Companies.
The
Receiving
Administrator
must
carry
out
in
full
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
previous
four
days.
On
the
day
of
the
certification
referred
to
in
the
previous
paragraph,
the
Receiving
Administrator
must
send
to
the
Worker,
through
any
contact
means
they
have,
the
notice
that
their
Transfer
Request
has
been
properly
certified,
informing
them
of
the
maximum
period
in
which
their
Transfer
will
be
concluded,
in
accordance
with
what
is
established
in
Article
167
of
these
general
provisions.
A
new
Transfer
Request
cannot
be
made
for
the
same
Worker,
while
the
same
has
not
been
rejected
by
the
Receiving
Administrator,
cancelled
by
the
Worker
themselves,
or
until
the
Transfer
has
concluded
in
accordance
with
these
general
provisions.
The
Operating
Companies
must
clean
up
in
the
National
SAR
Database
the
Uncertified
Transfer
Requests
for
any
reason
on
the
sixth
business
day
counted
from
the
notification
of
the
Transfer
Request
by
the
Receiving
Administrator.
"
Article
176
quater.
The
Worker
may
cancel
the
Transfer
Request
they
have
processed,
within
the
four
business
days
from
the
date
on
which
their
request
was
notified
to
the
Operating
Companies,
in
accordance
with
what
is
established
in
Article
176
bis
above.
If
the
Worker
requests
the
cancellation
of
their
Transfer
Request
within
the
period
established
in
the
preceding
paragraph,
the
Operating
Companies
must
inform
online
and
in
real
time
to
the
Receiving
Administrator
of
the
cancellation
request.
The
Receiving
Administrator,
on
the
same
day
it
receives
this
notification,
must
stop
the
processing
of
the
request,
cancelling
the
folio
of
the
Transfer
Request
referred
to
in
Article
139
above,
and
must
notify
the
Operating
Companies
of
the
cancellation
of
the
Transfer
Request
Folio.
Likewise,
the
Receiving
Administrator
must
send
a
notice
to
the
Worker,
through
any
contact
means
they
have,
informing
them
that,
in
accordance
with
the
Worker's
own
instructions,
the
Transfer
procedure
will
not
continue.
The
Operating
Companies
must
enable
on
the
digital
platforms
defined
for
such
effect
by
the
Commission,
a
module
for
Workers
to
request
the
cancellation
of
Transfer
Requests.
"
Article
Repealed.
"
Article
177
bis.
Repealed.
"
Article
Repealed.
"
Article
Repealed.
"
Article
Repealed.
"
Article
Repealed.
"
Article
181
bis.
Repealed.
"
Article
181
ter.
Repealed.
"
Article
...
Likewise,
when
derived
from
the
verification
processes
of
the
Receiving
Administrators
or
from
the
exercise
of
the
supervisory
powers
of
the
Commission,
Undue
Transfers
or
Transfers
with
erors
or
inconsistencies
that
are
considered
as
possible
Undue
Transfers
are
identified,
the
operations
area
of
the
Administrators
through
statistically
representative
sampling,
must
ensure
to
review
the
files
of
the
Registrations
and
Transfers
that
the
Promoting
Agent
has
managed
in
the
last
twelve
months.
...
...
...
"
Article
... :
I.
to
VI.
...
VII.
Repealed;
VIII.
...
IX.
Repealed;
X.
to
XIV.
...
...
...
...
a.
and
b.
...
...
"
Article
The
Administrators
and
the
Operating
Companies
must
carry
out
the
settlement
of
the
resources
and
the
registration
of
the
information
of
the
Individual
Accounts
on
a
weekly
basis,
in
accordance
with
the
calendar
that
the
Operating
Companies
have
established
for
such
effect.
...
"
Article
192
bis
A.
...
I.
and
II.
...
III.
Commissions
charged
by
the
Administrators
and
Net
Return;
IV.
to
VI.
...
...
...
"
Article
192
bis
B.
Repealed.
"
Article
192
bis
F.
...
I.
to
III.
...
IV.
That
the
cell
phone
number
registered
by
the
Worker
in
the
Mobile
Transfer
Request
or
the
device
identifier
number,
does
not
belong
to
the
cell
phone
or
device
used
by
another
Worker
in
a
Transfer
Request
in
a
period
of
four
months,
and
V.
...
"
Article
192
bis
J.
...
A
new
Mobile
Transfer
Request
cannot
be
made
for
the
same
Worker,
while
the
same
has
not
been
rejected
by
the
Receiving
Administrator,
cancelled
by
the
Worker
themselves,
or
until
the
Transfer
has
concluded
in
accordance
with
these
general
provisions.
The
Operating
Companies
must
clean
up
in
the
National
SAR
Database
the
Uncertified
Transfer
Requests
on
the
sixth
business
day
counted
from
the
notification
of
the
Transfer
Request
de
Transfer
to
the
Receiving
Administrator.
" Article
192
bis
L.
The
Transferring
Administrators,
during
the
period
referred
to
in
the
previous
article,
may
provide
workers
with
information
that
helps
them
in
making
decisions
regarding
their
Individual
Account,
either
through
the
same
Mobile
Application
or
by
other
means.
... "
" Article
... :
I .
and
II .
...
III .
Is
repealed;
IV .
to
IX .
... "
" Article
...
I .
...
a .
to
m .
...
n .
...
i .
Full
name:
first
name(s),
paternal
surname
and
maternal
surname,
as
applicable;
ii .
CURP,
and
iii .
Percentage
assigned
to
each
Beneficiary,
which
must
invariably
sum
to
100%.
II .
to
VI .
...
... "
" Article
210
quater.
The
Administrators
must
always
prioritize
the
personal
management
of
any
procedure
related
to
the
Workers'
Individual
Account,
and
in
the
case
where
they
carry
out
the
processing
referred
to
in
the
previous
article
210
bis,
they
must
implement
the
use
of
electronic
models
that
allow
them
to
authenticate
the
identity
of
the
proxy,
guardian,
curator,
or
beneficiary,
provided
that
the
latter
is
of
legal
age,
who
presents
himself
to
manage
the
services
provided
for
in
the
previous
article
209,
using
an
authentication
factor
of
Category
3
or
higher
in
accordance
with
the
provisions
of
Annex
B
Authentication
Factors
of
these
General
Provisions.
For
the
purposes
of
the
above,
the
Administrators
must
submit
to
this
Commission
for
authorization
the
request
for
authorization
of
the
authentication
model
they
will
implement,
which
must
consider
at
least
the
following:
i .
to
iii .
...
iv .
Analysis
of
the
technical
and
operational
feasibility
of
the
authentication
model,
where
at
least
the
required
technical
resources
for
the
functionality
of
the
model,
the
profile
and
operational
capacity
of
the
personnel
involved
in
the
execution
of
the
process,
and
the
factors
that
guarantee
the
feasibility
of
its
implementation
are
established;
v.
...
...
...
The
Commission
will
have
a
maximum
period
of
thirty
business
days,
counted
from
the
receipt
of
the
authorization
request
with
complete
documentation,
to
resolve
on
the
authorization
requests
for
authentication
models
submitted
by
the
Administrators,
which
will
have
a
validity
of
2
years
and
may
be
renewed
for
equal
periods
provided
that
the
renewal
request
is
submitted
by
the
interested
Administrator
at
least
thirty
business
days
prior
to
the
expiration
date.
...
... "
" Article
Is
repealed "
" Article
Is
repealed "
" Article
Is
repealed "
" Article
Is
repealed "
" Article
Is
repealed "
" Article
Is
repealed "
" Article
222
bis.
Is
repealed "
" Article
222
ter.
Is
repealed "
" Article
Is
repealed "
" Article
Is
repealed "
" Article
Is
repealed "
" Article
Is
repealed "
" Article
Is
repealed "
" Article
Is
repealed "
" Article
The
Commission
will
determine
semiannually
the
return
indices
of
Individual
Accounts
in
accordance
with
what
is
provided
in
Annex
" G "
of
these
general
provisions.
...
I .
and
II .
... .
... "
" Article
...
I .
and
II .
... ;
III .
Is
repealed
IV .
and
V .
...
With
regard
to
fractions
I
and
II
of
this
article,
the
involved
Administrators
must
resolve
cases
presented
for
clarification
within
a
maximum
period
of
eight
business
days
counted
from
the
notification
of
the
case
for
clarification.
... "
" Article
The
Administrators
must
effect
and
register
the
movements
of
the
corresponding
charges
for
the
commissions
they
charge
to
the
Individual
Accounts,
including
the
commissions
they
charge
to
the
Individual
Accounts
with
pension
attribute
in
terms
of
the
general
provisions
applicable
to
programmed
withdrawals
issued
by
the
Commission.
... "
" Article
...
I .
to
II .
...
III .
...
a .
and
b .
...
c .
Original
document
with
which
they
accredit
their
status
as
Beneficiary.
In
the
case
where
the
person
is
designated
as
Beneficiary
of
the
Individual
Account
or
Individual
Account
with
pension
attribute,
in
accordance
with
the
second
paragraph
of
article
193
of
the
Social
Security
Law
before
the
Administrator
in
question,
it
will
not
be
necessary
to
present
a
document
on
this
point. "
" Article
...
I .
to
II .
...
III .
...
1 .
and
2 .
...
3 .
Original
document
with
which
they
accredit
their
status
as
Beneficiary.
In
the
case
where
the
person
is
designated
as
Beneficiary
of
the
Individual
Account
or
Individual
Account
with
pension
attribute,
in
accordance
with
the
second
paragraph
of
article
193
of
the
Social
Security
Law
before
the
Administrator
in
question,
it
will
not
be
necessary
to
present
a
document
on
this
point. "
" Article
The
Administrators
must
inform
the
Workers
of
the
result
of
the
Registration
or
the
Transfer
of
their
Individual
Account,
as
appropriate,
according
to
the
following:
I .
Within
the
five
business
days
following
the
date
of
opening
of
the
Individual
Account
or
the
settlement
of
resources,
as
appropriate,
the
Receiving
Administrators
must
issue
and
send
a
certificate
of
Registration
or
Transfer
to
the
domicile,
to
the
worker's
electronic
as
recorded
in
the
Registration
or
Transfer
Application,
as
appropriate,
or
to
the
means
available
for
such
effect
by
the
Administrator
with
the
prior
authorization
of
the
Worker,
and
II .
Regarding
Registration
and
Transfer
requests
that
have
been
" Rejected " ,
within
the
five
business
days
following
the
date
on
which
they
receive
from
the
Operating
Companies
said
result,
they
must
send
to
the
domicile
or
to
the
worker's
electronic
mail,
as
appropriate,
or
to
the
means
available
for
such
effect
by
the
Receiving
Administrator
with
the
prior
authorization
of
the
Worker,
a
document
by
which
they
inform
of
the
rejection
of
their
request
and
the
reasons
that
led
to
it,
including
if
the
rejection
was
carried
out
by
the
Administrator
itself
derived
from
its
customer
verification
processes.
...
a .
and
b .
...
... "
" Article
337
bis.
...
...
...
...
The
Commission
in
terms
of
what
is
provided
by
the
Law,
may
require
the
requesting
Administrator
any
additional
information
it
considers
necessary
for,
if
appropriate,
to
pronounce
itself
regarding
the
authorization
of
the
model,
project,
or
initiative,
notifying,
if
appropriate,
the
authorization
of
the
same
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
its
formalization;
the
authorization
will
have
a
validity
of
two
years,
which
may
be
renewed
for
equal
periods,
provided
that
the
renewal
request
is
submitted
by
the
interested
party
at
the
latest
thirty
business
days
prior
to
the
expiration
date.
...
...
... "
" CHAPTER
XI
BIS
ON
THE
RETURN
OF
RESOURCES
OF
PENSIONED
WORKERS
REGISTERED
AND
UNREGISTERED
DEPOSITED
TO
A
SOCIAL
SECURITY
INSTITUTE
OTHER "
Section
I
Preliminary
Provisions
" Article
385
A.
The
Administrators,
must
process
the
requests
for
disposition
of
resources,
for
the
concept
of
Retirement
Insurance
and
the
Housing
Subaccount,
that
are
presented
to
them
by
pensioned
workers
or
those
who
are
65
years
of
age
or
older,
or
their
Beneficiaries,
that
had
accumulated
to
their
favor
during
the
pension
regime
of
the
Social
Security
Law
73,
and
of
the
ISSSTE
Law
in
force
until
December
31,
2007,
when
the
deposits
of
said
resources
had
been
effectuated
to
a
Social
Security
Institute
different
from
the
one
that
by
Law
corresponded
to
them.
The
above
without
it
being
necessary
for
the
Worker
to
be
registered
in
an
Administrator.
For
the
effect
of
the
above,
the
Administrators
and
the
Operating
Companies
must
carry
out
the
necessary
validations
to
carry
out
the
settlement
and
disposition
of
the
resources
indicated
in
the
present
article,
in
accordance
with
what
is
established
in
the
present
Chapter
and
in
the
Transactional
Procedures
Manual. "
" Section
II
On
the
return
of
resources
deposited
to
a
Social
Security
Institute
different
from
Pensioned
and
Registered
Workers "
" Article
385
B.
To
process
the
requests
for
disposition
of
resources
referred
to
in
this
Chapter,
the
Administrators
must
request
from
the
Registered
Workers,
the
exhibition
of
the
following
documents
for
the
purpose
that
the
right
and
ownership
of
the
Workers
over
the
resources
that
might
correspond
to
them
be
accredited:
I .
Regarding
Pensioned
Workers
or
those
who
are
65
years
of
age
or
older:
a .
Pension
Resolution
by
which
it
is
accredited
that
the
worker
has
the
status
of
pensioned
in
accordance
with
the
assumptions
provided
for
in
the
ISSSTE
Law
in
force
until
March
31,
2007
or
the
Social
Security
Law
73;
b .
Birth
certificate,
as
well
as
CURP,
to
accredit
that
they
are
65
years
of
age
or
older;
c .
Proofs
of
Contributions
to
Retirement
Insurance,
to
the
Retirement
Insurance
Subaccount
and
to
the
Housing
Subaccount
as
the
case
may
be;
d .
In
the
case
of
not
having
the
proofs
referred
to
in
the
previous
subparagraph,
certificate
issued
by
their
employer
through
which
they
certify
the
Federal
Tax
Identification
Numbers
with
respect
to
which
they
effectuated
the
bimonthly
deposit
of
contributions
of
Retirement
Insurance
or
to
the
Retirement
Insurance
Subaccount
in
favor
of
the
requester;
e .
Certificate
issued
by
their
employer
through
which
they
certify
the
Federal
Tax
Identification
Numbers
with
respect
to
which
they
effectuated
the
bimonthly
deposit
of
contributions
of
Retirement
Insurance,
the
Retirement
Insurance
Subaccount
and
the
Housing
Subaccount
in
favor
of
the
requester,
as
applicable;
f .
Official
identification;
g .
Proof
of
Federal
Tax
Identification
Number
of
the
Worker,
and
h .
Standardized
Bank
Key
Number
(CLAKE)
of
a
bank
account
of
which
the
Worker
is
the
Owner
or
in
their
case
their
Beneficiaries.
II .
Regarding
Beneficiaries,
in
addition
to
what
is
established
in
the
previous
fraction:
a .
Death
certificate
in
certified
copy
of
the
holder
of
the
Individual
Account,
and
b .
The
Resolution
issued
by
the
authority
that
declares
itself
competent
to
resolve
the
quality
of
Beneficiary,
or
in
their
case,
is
designated
as
Beneficiary
of
the
Individual
Account
in
accordance
with
the
Social
Security
Law,
before
the
Administrator
in
question.
The
Administrator
in
question
must
effect
the
respective
consultation
to
the
National
SAR
Database,
for
the
effect
of
comproving
the
existence
of
Retirement
Insurance
resources
or
of
the
Retirement
Insurance
Subaccount
and
Housing
Fund,
susceptible
of
recovery
in
favor
of
the
requester.
In
the
affirmative
case,
they
must
manage
the
respective
return
before
the
Social
Security
Institutes,
as
well
as
its
proper
settlement
in
coordination
with
the
Operating
Companies,
to
make
them
available
to
the
requester. "
" Section
III
On
the
return
of
resources
deposited
to
a
Social
Security
Institute
different
from
Pensioned
Workers
not
registered
or
not
assigned "
" Article
385
C.
To
process
the
requests
for
disposition
of
resources
referred
to
in
this
Chapter,
the
Administrators
must
request
from
the
Unregistered
and
unassigned
Workers,
the
exhibition
of
the
following
documents
for
the
purpose
that
the
right
and
ownership
of
the
Workers
over
the
resources
that
might
correspond
to
them
be
accredited:
I .
Regarding
Pensioned
Workers,
unregistered,
unassigned
or
with
65
years
of
age
or
older:
a .
Pension
Resolution
by
which
it
is
accredited
that
the
worker
has
the
status
of
pensioned
in
accordance
with
the
assumptions
provided
for
in
the
ISSSTE
Law
in
force
until
March
31,
2007
or
the
Social
Security
Law
73;
b .
Birth
certificate,
as
well
as
CURP,
to
accredit
that
they
are
65
years
of
age
or
older;
c .
Proofs
of
Contributions
to
Retirement
Insurance,
to
the
Retirement
Insurance
Subaccount
and
to
the
Housing
Subaccount
as
the
case
may
be;
d .
In
the
case
of
not
having
the
proofs
referred
to
in
the
previous
subparagraph,
certificate
issued
by
their
employer
through
which
they
certify
the
Federal
Tax
Identification
Numbers
with
respect
to
which
they
effectuated
the
bimonthly
deposit
of
contributions
of
Retirement
Insurance
or
to
the
Retirement
Insurance
Subaccount
in
favor
of
the
requester;
e .
Certificate
issued
by
their
employer
through
which
they
certify
the
Federal
Tax
Identification
Numbers
with
respect
to
which
they
effectuated
the
bimonthly
deposit
of
contributions
of
Retirement
Insurance,
the
Retirement
Insurance
Subaccount
and
the
Housing
Subaccount
in
favor
of
the
requester,
as
applicable;
f .
Official
identification;
g .
Proof
of
Federal
Tax
Identification
Number
of
the
Worker,
and
h .
Standardized
Bank
Key
Number
(CLAKE)
of
a
bank
account
of
which
the
Worker
is
the
Owner
or
in
their
case
their
Beneficiaries.
II .
Regarding
Beneficiaries,
in
addition
to
what
is
established
in
the
previous
fraction:
a .
Death
certificate
in
certified
copy
of
the
holder
of
the
Individual
Account;
b .
The
Resolution
issued
by
the
authority
that
declares
itself
competent
to
resolve
the
quality
of
Beneficiary,
or
in
their
case,
is
designated
as
Beneficiary
of
the
Individual
Account
in
accordance
with
the
Social
Security
Law
before
the
Administrator
in
question. "
" Article
385
D.
The
Administrators
when
carrying
out
the
resource
disposition
processes
referred
to
in
this
Chapter,
must:
I .
Carry
out
the
processes
that
correspond
in
accordance
with
the
Transactional
Procedures
Manual
for
the
disposition
of
resources
of
the
Retirement
Insurance
Subaccount
and
Housing
92
for
unregistered
and
unassigned
workers
as
appropriate;
II .
Validate
with
the
Operating
Companies
the
information
provided
by
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
of
the
Credit
Institution
or
Authorized
Financial
Entity
(ICEFA)
in
question;
III .
Send
to
the
Operating
Companies
the
request
for
disposition
of
the
resources,
specifying:
a)
Type
of
Withdrawal;
b)
Type
of
Insurance;
c)
Type
of
Pension;
d)
Type
of
Benefit;
e)
Regime;
f)
Date
of
pension
start,
and
g)
Date
of
issuance
of
the
resolution.
IV .
Notify
the
worker
regarding
the
settlement
and
payment
of
the
resources,
within
a
maximum
period
of
five
business
days
counted
from
said
settlement. "
" Article
385
E.
The
Operating
Companies,
in
accordance
with
the
requests
made
by
the
Administrators
in
terms
of
the
present
chapter,
will
do
the
following:
I .
Receive
from
the
Administrators
the
requests
for
disposition
of
resources
of
the
retirement
insurance
and
housing
fund,
and
they
will
accept
or
reject
them
as
the
case
may
be.
In
the
case
of
rejection,
they
must
inform
the
reason
for
this
resolution.
II .
They
will
identify
the
amounts
of
the
accounts
that
will
be
requested
from
the
Institutes
for
their
transfer
to
the
Administrators,
and
III .
They
will
confirm
to
the
Administrators,
regarding
the
requests
that
were
accepted,
for
the
settlement
of
the
resources
and
transfer
of
the
same. "
" Article
385
F.
For
those
cases
in
which
the
workers
do
not
accredit
the
ownership
of
the
Retirement
Insurance
and
Housing
Subaccount
resources
referred
to
in
this
Title,
due
to
not
having
the
contribution
proofs
or
account
statements
or
due
to
the
Retirement
Insurance
accounts
being
identified
with
inconsistencies,
the
Administrators
must
request
the
documentation
indicated
in
the
Transactional
Procedures
Manual.
In
the
case
where
the
Administrators
verify
that
there
are
no
balances
to
recover,
they
must
notify
the
worker
of
the
result
obtained
by
the
Operating
Companies
within
a
maximum
period
of
five
business
days.
The
Administrators
must
integrate
into
the
workers'
file
the
request
for
processing
of
resource
disposition
and
the
certificate
of
its
settlement
in
favor
of
the
pensioned
or
the
worker
over
65
years
of
age,
or
in
their
case
their
Beneficiaries. "
" Article
...
The
Administrators
must
receive
and
validate
the
information
of
the
Workers
and
of
the
Beneficiaries
who
have
the
right
to
it
as
established
by
the
Social
Security
Laws,
in
order
to
manage
the
pension
procedures,
the
delivery
of
resources
that
in
terms
of
the
legal
provisions
may
be
made
and
of
partial
withdrawals
from
the
Individual
Account
before
the
corresponding
Social
Security
Institute,
using
the
tools
and
computer
systems
that
for
such
effect
they
provide
or
in
their
case
determine
said
Institutes.
...
...
The
Administrators
in
terms
of
the
legal
provisions,
must
deliver
in
a
single
exhibition
to
the
Beneficiaries
expressly
designated
by
the
Worker
in
the
fund
administration
contracts
for
retirement
or
in
the
formats
that
the
Administrators
make
available
to
the
Worker
for
the
update
of
the
designated
beneficiaries,
the
resources
of
the
Individual
Account
that
correspond,
when
these
do
not
have
another
specific
purpose.
The
above
will
only
be
applicable
to
the
resources
contributed
in
terms
of
the
Social
Security
Law
and
to
the
Beneficiaries
designated
in
terms
of
the
second
paragraph
of
article
193
of
that
law,
and
according
to
the
pension
regime
that
corresponds
to
them.
When
the
Individual
Account
still
has
resources
whose
purpose
is
specific,
but
there
are
no
legal
Beneficiaries,
the
Administrator
in
question
may
deliver
them
to
the
Beneficiaries
designated
in
terms
of
the
second
paragraph
of
article
193
of
the
Social
Security
Law,
provided
that
there
is
a
resolution
issued
by
a
competent
authority
that
resolves
on
the
non-existence
of
Legal
Beneficiaries
in
terms
of
the
applicable
regulations. "
" Article
...
The
Previous
Balance
Consultation
System
has
the
purpose
of
providing
to
the
Social
Security
Institutes,
as
appropriate,
Online
and
in
Real
Time,
the
previous
balances
of
the
Individual
Accounts
of
the
Pension
Prospects,
which
will
be
used
to
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
to
INFONAVIT
and
FOVISSSTE
as
appropriate,
the
housing
balances
of
the
Individual
Accounts,
for
the
purposes
of
the
processes
related
to
housing. "
" Article
...
...
I .
...
II .
The
Administrators
must
provide
to
the
Operating
Companies,
the
information
that
allows
identifying
each
one
of
the
Individual
Accounts
they
administer
and
the
balances
of
each
one
of
the
subaccounts
that
integrate
them,
on
the
date
on
which
it
had
been
requested
by
the
Social
Security
Institute,
in
accordance
with
the
formats
and
means
established
by
the
Operating
Companies,
and
III .
The
Operating
Companies
must
notify
online
and
in
real
time,
the
request
for
Previous
Balances
to
the
Social
Security
Institutes
and
to
the
Housing
Institutes,
as
appropriate. "
" Article
The
Operating
Companies
and
the
Administrators
must
identify
as
" prior
balance " ,
the
Individual
Accounts
that
have
been
diagnosed
as
" Accepted "
in
the
DATA
MART,
for
a
period
of
thirty
business
days
counted
from
the
date
on
which
the
Individual
Account
is
notified
by
the
Institute
and
will
be
cancelled
by
instructions
of
the
Institute
or
at
the
end
of
the
period
in
question
...
...
From
that
moment
on,
the
Administrators
must
settle
the
resources
accumulated
in
the
Individual
Account,
with
the
exception
of
those
invested
in
the
Bank
of
Mexico,
in
accordance
with
the
criteria
that
the
Commission
establishes,
at
the
latest
on
the
next
business
day,
in
the
account
that
for
such
effect
the
Administrator
makes
available
with
the
purpose
that
the
resources
are
not
affected
by
fluctuations
in
the
markets.
... "
" Article
The
Worker
or
their
Beneficiaries,
based
on
the
Offer
Document
provided
by
the
corresponding
Social
Security
Institute,
either
directly
or
through
the
Administrators,
will
choose
the
regime
of
social security
under which
they will be pensioned and the
Pension Modality.
... "
" Article
The Operating Companies and the Administrators
on the same day that
the IMSS or the
ISSSTE,
as applicable,
directly or through
the Administrators,
register the information
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
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
...
I. To
dispose of the resources of the
Associated Subaccounts to
which they are entitled in
one or several
exhibitions, as applicable;
II.
a
III.
... "
" Article
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
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
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
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
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:
I.
...
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.
a
V.
...
...
... "
" Article
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.
a
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:
V
to
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
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
...
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
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
5
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
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
...
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:
I.
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
...
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
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
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
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
...
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
...
I.
...
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
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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