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

DOF: 10/18/2016

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

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

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

The President of the National Commission of the Retirement Savings System, based on 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, paragraph c, 119 and 123 fraction II, as well as the Fifth, Seventh, Tenth, Eleventh, Twenty-Second, Twenty-Fourth, Twenty-Fifth, Twenty-Sixth and Twenty-Seventh Transitional Provisions of the Decree issuing the Law of the Institute for Social Security and Services for State Workers; 1, last paragraph of 5, 29 fraction II, 34, 38, 40, 43, 43 bis and Eighth Transitional Provision of the Law of the National Housing Fund for Workers; 1, 14, 15, 16, 23, 25, 28, 29, 30, 31, 32, 33, 34, 35, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 59, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 106, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 139, 140 and 154 of the Regulations of the Law of the Retirement Savings Systems; 1, 2 fraction III and 8 first paragraph of the Internal Regulations of the National Commission of the Retirement Savings System, has seen fit to issue the following:

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

FIRST.- Articles 149 bis D, fraction III, 197 fourth paragraph, 210, fractions I, paragraphs f and m, II, III and IV, and 249 are REFORMED, and Articles 149 bis D, with paragraphs a and b of fraction II, 210 ter and 436 bis are ADDED to the "General Provisions on Operations of the Retirement Savings Systems", published in the Official Gazette of the Federation on December 28, 2015, modified and added through publications in the same Gazette on April 21, 2016, June 29, 2016 and August 25, 2016, to read as follows:

" Article 149 bis D.

...

I. ...

II.

The image of the worker's official identification, in terms of what is established in the identification catalog provided for in Annex "D", of these general provisions, according to the following:

a. For adults, it must comply with what is provided in Section "A", paragraph A, fractions I and III, and

b. For minors, it must comply with what is provided in Section "A", paragraph B.

III.

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

... "

" Article 197. ...

...

Regarding Electronic Worker Files that have been formed through an attorney, guardian or curator, or by whoever exercises parental authority in the case of minors who do not contribute to any of the Social Security Institutes, as referred to in articles 210 Bis and 210 ter of these general provisions, Operating Companies must identify whether the registration of said File was carried out with the status of holder of the Individual Account through an attorney, guardian, curator or by whoever exercises parental authority, as the case may be.

... ..."

" Article 210.

...

I. ...

a. to e. ...

Federal Taxpayer Registry, when it comes to minors, will not be mandatory;

g. to l. ...

Two adult personal references, considering at least: full name, CURP only in the case of Registration, Transfer or Partial Withdrawal for Unemployment, contact phone number either landline and/or mobile, kinship or relationship. Personal references will not be mandatory when the electronic model referred to in the fourth paragraph of Article Eighth Transitional of these general provisions is used;

...

II.

The image of the worker's official identification, in terms of what is established in the identification catalog provided for in Annex "D", according to the following:

a. For adults, it must comply with what is provided in Section "A", paragraph A, and

b. For minors, it must comply with what is provided in Section "A", paragraph B.

The images of the worker's official identification that are integrated into the Worker Identification File must be updated at least every 10 years;

III.

Image of the proof of address presented by the Worker, in terms of what is established in the catalog of address proofs provided for in Section "B" of Annex "D", of these general provisions. The image of the proof of address will not be mandatory in the case of minors;

IV.

A digital photograph of the Worker, according to the characteristics of the photograph provided in Annex "D", Section "F", of these general provisions. For the registration of minors, it will not be a mandatory requirement, and

...

..."

" Article 210 ter. Administrators, for the formation of the Electronic File of minors who do not contribute to any of the Social Security Institutes, must collect from whoever exercises parental authority or their tutor, the elements referred to in the previous article 210, which must correspond to the minor, with the exception of the Biometric Signature and the Digital Handwritten Signature, which will correspond to whoever exercises parental authority or the tutor.

For the purposes of the foregoing, Operating Companies must identify the Biometric Signature of whoever exercises parental authority or the tutor, for the services requested on behalf of minors who do not contribute to any of the Social Security Institutes, so that the Electronic File of these is distinguished from the Electronic File that whoever exercises parental authority or the tutor, as the case may be, has registered in the National SAR Database as the holder of an Individual Account according to the criteria established in the Transactional Procedures Manual. "

" Article 249. Administrators must execute and invest the resources of Workers in the Investment Societies chosen by them, according to the pre-requests they receive from Operating Companies and whose contact with the Worker through the Administrator's telephone service center has been successful, no later than the fourth business day following the date on which the Administrator confirmed the Worker's will by telephone. "

" Article 436 Bis. Administrators that receive a request for disposition of resources of the Retirement and Housing Insurance 92 under a Private Pension Plan, must request from the Worker a letter issued by the company or organization that covers the Private Pension Plan, confirming the right granted to proceed with the procedure.

Administrators, through their officials designated by them to intervene in operational, audit and control processes, must confirm with the company or organization that covers the Private Pension Plan, that the requesting Worker enjoys said Plan. In the event that Administrators do not expressly confirm with said company or organization, it will be a cause for rejection.

Administrators must inform Workers about the result of their request for disposition of resources of the Retirement and Housing Insurance 92 under a Private Pension Plan, within a period not exceeding five business days following the resolution of the request, including in its case the reason for rejection.

If the resolution of the request is accepted by the Administrators, they must liquidate and make available to Workers the resources corresponding to them within a period not exceeding five business days following the date of the confirmation referred to in this article, preserving the evidence of said confirmation. "

SECOND.- Article First Transitional, fraction III paragraph h is REFORMED and Article Eighth Transitional is ADDED, with a fourth paragraph, shifting the current fourth, fifth, sixth, seventh, eighth and ninth, to become fifth, sixth, seventh, eighth, ninth and tenth, of the General Provisions on Operations of the Retirement Savings Systems published in the Official Gazette of the Federation on December 28, 2015, modified and added through publications in the same Gazette on April 21, 2016, June 29, 2016 and August 25, 2016, to read as follows:

" ARTICLE FIRST.- ...

I. and II. ...

III.

...

a. to g, ...

In matters of procedures to be carried out through an attorney, by whoever exercises parental authority, guardian or curator, or beneficiary, they will enter into force no later than the first business day of March 2018.

IV. to V. ...

" ARTICLE EIGHTH.- ...

...

A. to D ...

In the case of electronic models based on the direct debit of Voluntary Savings Contributions, charged to the Worker's debit or credit account, in addition to complying with the requirements referred to in this article, with the exception of paragraphs C and D, Receiving Administrators must guarantee that in each individual account transferred in which the use of this type of models has intervened, the sum of the Voluntary Savings Contributions deposited in the Worker's Individual Account reflects at least six hundred pesos in the three months following the signing of the fund administration contract for retirement.

...

a) to e) ...

...

... "

THIRD.- Paragraph B of Annex D, Section A, of the "General Provisions on Operations of the Retirement Savings Systems", published in the Official Gazette of the Federation on December 28, 2015, modified and added through publications in the same Gazette on April 21, 2016, June 29, 2016 and August 25, 2016, is REFORMED, to read as follows:

" ANNEX D

CATALOGS OF PERSONAL INFORMATION AND IDENTIFICATION IN THE RETIREMENT SAVINGS SYSTEMS

Section A

Catalog of official identifications

...

For minors:

Birth Certificate of the minor or Passport, as the case may be, and

II.

Official identification of whoever exercises parental authority or of the tutor according to what is provided in paragraph A, of this Annex.

...

... "

TRANSITIONAL

SOLE.- 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 entry into force of these modifications, all those provisions that contravene these are abrogated.

Mexico City, October 11, 2016.- The President of the National Commission of the Retirement Savings System,

Carlos Ramírez Fuentes.- Rubric.

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