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

DOF: 23/11/2020

MODIFICATIONS and additions to the General Provisions on Operations of the Retirement Savings Systems

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

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

The President of the National Commission of the Retirement Savings System, based on what is provided in articles 1, 2, 5 fractions I, II, III, IV, VI, VII, XIII bis and XVI, 12 fractions I, VI, VIII and XVI, 18, 18 bis, 19, 20, 21, 25, 26, 29, 30, 31, 36, 37, 37 A, 37 C, 39, 40, 41, 43, 47, 47 bis, 53, 57, 58, 59, 64, 64 bis, 64 ter, 65, 70, 74, 74 bis, 74 ter, 74 quáter, 74 quinquies, 76, 77, 78, 79, 80, 88, 89 90 fractions II, IV and XIII, 91, 99, 111 and 113 of the Law of the Retirement Savings Systems; 167, 175, 176, 177, 179, 181, 182, 187, 188, 191 fraction II, 192, 195, 198 and 200 of the Social Security Law; 2, 13, 21, 26, 64, 76, 77, 78, 83, 87, 91, 93, 97, 98, 100, 101, 102, 105 fraction VII, 106, 108 fraction II, subsection c, 119 and 123 fraction II, as well as Fifth, Seventh, Tenth, Eleventh, Twenty-second, Twenty-fourth, Twenty-fifth, Twenty-sixth and Twenty-seventh Transitional Provisions of the Decree by which the Law of the Institute of Security and Social Services for State Workers is issued; 1, 5 last paragraph, 29 fraction II, 34, 38, 40, 43, 43 bis and Eighth Transitional Provision of the Law of the National Housing Fund for Workers; 1, 14, 15, 16, 23, 25, 28, 29, 30, 31, 32, 33, 34, 35, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 59 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 106, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 139, 140 and 154 of the Regulations of the Law of the Retirement Savings Systems; 1, 2 fraction III and 8 first paragraph of the Internal Regulations of the National Commission of the Retirement Savings System, and

CONSIDERING

That the global trend of using technological tools known as "RegTech" for compliance with regulatory requirements makes it essential to allow Participants in the Retirement Savings Systems to develop and implement non-presential models and mechanisms to facilitate the completion of any procedure, which entails a significant reduction in regulatory compliance costs and optimizes inherent processes;

That it is necessary to take advantage of information technologies to facilitate the mobility and exercise of the right of choice of Administrator that Workers in the Retirement Savings Systems have.

That to continue in the transition process towards remote electronic procedures, it is necessary to make it easier for Workers to exercise rights related to their Individual Account, to provide them with clear and timely information for better decision-making, while incentivizing competition in the Retirement Savings Systems taking the Worker's interest as the axis;

That to achieve this transition, it is necessary to create the figure of Mobile Transfer as an alternative for the Worker themselves, through the Mobile Application, to request the transfer from one Administrator to another in a simple, personal and informed manner, without requiring the participation of a third party;

That articles 74, 74 bis and 74 ter of the Law of the Retirement Savings Systems and 41 of the Regulations of the Law of the Retirement Savings Systems establish that the transfer must be carried out through the means established by the Commission and once the workers present their applications in terms of the general provisions issued by the Commission;

That in accordance with the above and to address exclusively the interest of workers who exercise their right to transfer from one Administrator to another through the Mobile Application, it is necessary that through the transfer request they are provided with information on commissions, Net Return, and performance in terms of services and investments, so that they can know the performance of the Administrator that will manage their Individual Account and consequently make informed decisions regarding the administration of their assets;

That to facilitate Workers' access to resources from the individual account, as well as the reduction of operational costs in this process, it is necessary to regulate the development of components of the Mobile Application or other non-presential mechanisms authorized by the Commission, which allow the resource disposal process to be carried out without the physical presence of the Worker, provided that they have the right to dispose of their resources in accordance with the Social Security Laws and the Law of the Retirement Savings Systems, as applicable, and the security of operations is guaranteed;

That with the aim of facilitating compliance with the General Provisions on operations of the retirement savings systems, it is necessary to make precision references, numbering and wording to various articles of the aforementioned provisions;

That to facilitate Administrators' efficient management of electronic models to generate a folio that replaces the Statement of Account Folio and the digitized image of the statement of account in Transfer procedures, it is necessary to allow them to be suspended at the request of the Administrators themselves;

That to avoid confusion regarding the dates of marriage of contributing Workers at the IMSS who process a partial withdrawal for the concept of marriage expense assistance, the date of marriage should be considered as that which appears in the right certification issued for this purpose by the IMSS;

That with the aim of allowing greater flexibility to Administrators to determine the scripts for Recertification, it is necessary to eliminate the format determined by the Commission, and authorize Administrators those that each defines according to the needs and criteria of contact with their clients;

That to give continuity to the deregulation topic, the composition of the Worker's Mobile File is simplified by eliminating the requirement of designation of beneficiaries, since this information can be captured at any time through the services offered by the Mobile Application.

That to comply with what is established in article 78 of the General Law of Regulatory Improvement, as well as in the Fifth Article of the "Agreement that establishes the guidelines that must be observed by the dependencies and decentralized organisms of the Federal Public Administration, regarding the issuance of general administrative acts to which article 69-H of the Federal Administrative Procedure Law applies", the eliminations made in articles 13 and 121, first paragraph of the Modifications and Additions to the General Provisions on operations of the retirement savings systems, published in the Official Journal 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

FIRST.- Articles 1, fraction LXII ter, renumbered to become LII ter; 134, first paragraph; 135, second paragraph; 155, second paragraph; 182, second paragraph; 189, fraction VI; 237, second paragraph; 277, second paragraph, 406 quáter and Annex K, fraction II; are MODIFIED; Articles 1, with a fraction CLX bis; 140 bis with a ninth and tenth paragraphs; a section VI titled "Transfer through the Mobile Application", within Chapter IV "Of the Transfer of Individual Accounts" of Title Fifth "Of the Registration, Opening and Transfer of Individual Accounts", with its articles 192 bis, 192 bis A, 192 bis B, 192 bis C, 192 bis D, 192 bis E, 192 bis F, 192 bis G, 192 bis H, 192 bis I, 192 bis J, 192 bis K, 192 bis L, 192 bis M; 406, with a second, third, fourth and fifth paragraphs, moving the current second to become sixth, and 421, with a third paragraph; are ADDED; as well as subsection e of fraction I of article 149 bis D, all of the "General Provisions on operations of the Retirement Savings Systems", published in the Official Journal of the Federation on December 28, 2015, with all its modifications and additions published in the same official communication instrument, are REPEALED, to remain in the following terms:

" Article 1. ...

I. to LII bis. ...

LII ter Financial Technology Company, to entities regulated by a Financial Authority or to the Authorized Societies referred to in the general provisions relative to authorized societies to operate novel models as referenced in the Law to Regulate Financial Technology Institutions that offer financial products and services making use of information and communication technologies as primary elements of their processes;

LIII. to CLX. ...

CLX bis. Mobile Transfer, is the process that takes place, through the Mobile Application implemented by Operating Companies or Administrators, with prior authorization of the Commission, in terms of these general provisions, between the Receiving Administrator and the Transferring Administrator, through which the Worker exercises their right to choose which institution will manage their Individual Account in accordance with the Law, the Regulations and these general provisions;

CLXI . to CLXIV . ... "

" Article 134. Administrators are responsible for carrying out the opening, Registration and Transfer of Individual Accounts in strict compliance with the Law, its Regulations and the general provisions issued for such effect by the Commission.

... "

" Article 135. ...

Administrators are responsible for the Registration and Transfer processes they manage, therefore they will be directly responsible for all activities carried out by their Promoting Agents and for the Registrations carried out by Support Companies or Financial Technology Companies they hire, in terms of what is provided in the third paragraph of article 36 of the Law and the general provisions to which retirement fund administrators must adhere regarding their Promoting Agents, as well as what is provided in these general provisions. "

" Article 140 bis. ...

...

...

A.

... ;

B.

... :

i to v. ...

C.

and D. ...

...

a) to d) ...

...

...

...

Likewise, when Administrators decide to suspend the operation of the electronic models referred to in this article, they must notify the Commission in writing, at least 10 business days before the suspension, detailing the reasons why they will cease to use them.

Administrators that decide to operate the suspended electronic models again, may do so by notifying the Commission in advance, at least 10 business days before their entry into operation. In case they decide to operate with a different model, they must submit it to the authorization of the Commission in accordance with what is established in this article. "

" Article 149 bis D. ...

I . ...

a. to d. ...

e. Repealed.

i.

Repealed.

ii.

Repealed.

iii.

Repealed.

II. ...

a and b. ...

III. ...

... "

" Article 155. ...

Likewise, when derived from the verification processes of the Administrators or the exercise of the Commission's supervisory powers, Undue Registrations or Registrations with errors or inconsistencies that are considered 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, Transfers and Recertifications 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 Support or Financial Technology Companies have managed in the last twelve months. "

" Article 182. ...

Likewise, when derived from the verification processes of the Receiving Administrators or the exercise of the Commission's supervisory powers, Undue Transfers or Transfers with errors or inconsistencies that are considered possible Undue Transfers are identified, the operations area of the Administrators through statistically representative sampling, must ensure to review the files of the Registrations, Transfers and Recertification that the Promoting Agent has managed in the last twelve months.

...

...

... "

" Article 189. ...

I. to V. ...

VI. In its case, that the Transfer Request Folio referred to in the previous article 139 has been generated;

VII. to XIV. ...

...

...

a and b. ...

... "

" Section VI

Transfer through the Mobile Application "

" Article 192 bis.- The Worker may directly request the Transfer of their Individual Account, through the Mobile Application, such request must be personal.

Administrators are prohibited from using their Promoting Agents, their officials or third parties of any nature, to carry out or manage on behalf of, or in the name of, the Worker, the request to carry out the Transfer of their Individual Account through the Mobile Application referred to in this section or to carry out any act that affects the personal processing of the same. "

" Article 192 bis A.- Administrators through the Mobile Application operated by Operating Companies in terms of these general provisions, must make available to Workers the Mobile Transfer request, which must contain at least the following information:

I.

Personal data and images of the Worker referred to in article 149 bis D, of these general provisions, in case the Worker has not previously formed their Mobile File;

II.

The Administrator to which they wish to transfer their Individual Account;

III.

Commissions charged by Administrated entities and Net Return;

IV.

Indicators in terms of services and investments determined by this Commission, with the aim of providing the worker with sufficient information about the Administrator that will manage their individual account and be able to make informed decisions;

V.

Additional information that the Commission determines as useful for the Worker, and

VI.

The retirement fund administration contract, according to what is established in Annex A of these provisions;

The Mobile Transfer request will have a validity of 5 business days counted from the generation of the request made by the Worker.

The Mobile Application will only show those Administrators that have the Mobile Transfer request service enabled by Operating Companies. "

" Article 192 bis B.- The Transfer Knowledge Folio referred to in article 177 of these provisions, as well as the Transfer Request Folio referred to in article 139 of these same provisions, will not be necessary to continue with the Transfer process when carried out in terms of this section. "

" Article 192 bis C.-

The video with the worker's manifestation referred to in fraction VIII of article 168 of these provisions will not be necessary to continue with the Mobile Transfer. "

" Article 192 bis D.- Administrators will act as Transferrers when the Worker, through a Mobile Application, in terms of what is provided in these general provisions, requests the Transfer of their Individual Account to another Administrator. "

" Article 192 bis E.- Administrators will act as Receivers when, through a Mobile Application, in terms of what is provided in these general provisions, they receive the Worker's request to manage their Individual Account.

Only those that have a Mobile Application, in terms of what is provided in these general provisions, may act as Receiving Administrators. "

" Article 192 bis F.- To process the Mobile Transfer, Operating Companies must verify the following:

I.

That Workers have the Worker Identification File with biometric enrollment;

II.

That Workers' Individual Accounts meet the conditions provided for Transfer in the Law, the Regulations and these general provisions;

III.

That Individual Accounts are not in any operational process that prevents Transfer;

IV.

That the cell phone number registered by the Worker in the Mobile Transfer Request or the device identifier, does not belong to the cell phone or device used by another Worker in a Transfer request within a six-month period, and

V.

That the validations contained in the Transactional Procedures Manual are met. "

" Article 192 bis G.- Operating Companies must inform online and in real time to Transferring Administrators and Receiving Administrators about the receipt of the Mobile Transfer request, according to the information exchange criteria established in the Transactional Procedures Manual. "

" Article 192 bis H.- Receiving Administrators must attend to Mobile Transfer requests they receive through the Mobile Application operated by Operating Companies.

Administrators must keep available to the Commission the evidence with which they justify the reasons why they have not concluded the Mobile Transfer procedure, when applicable. "

" Article 192 bis I. Receiving Administrators must check the data and elements contained in the Mobile Transfer request referred to in fraction I of article 192 bis A, with the object of ensuring the consistency of the information, the will and the identity of the Worker. "

" Article 192 bis J.- Receiving Administrators, once they comply with what is established in article 192 bis I, on the fifth business day counted from the date of generation of the request made by the Worker, must request from Operating Companies the certification of the Mobile Transfer request, the process established in Section V "Of the Certification Process" of this Chapter must be carried out in its entirety, provided that no cancellation has been received from the Worker during the previous four days.

A new Mobile Transfer request cannot be made for the same Worker, as long as it has not been rejected by the Receiving Administrator or cancelled by the Worker themselves. "

" Article 192 bis K.- Operating Companies must enable an option in the Mobile Application, in which the Worker can cancel the Mobile Transfer request, requesting the reason for cancellation.

The Worker may cancel the Mobile Transfer request, within the four business days following that in which the request was made.

In the case that the cancellation of the Mobile Transfer request is received, Operating Companies must inform it online and in real time to the Transferring Administrator and the Receiving Administrator according to the information exchange criteria established in the Transactional Procedures Manual. The cancellation of the Mobile Transfer request definitively interrupts the Mobile Transfer process. "

" Article 192 bis L.- Transferring Administrators, during the period referred to in this article, may provide Workers with information that helps them in decision-making regarding their Individual Account, either through the same Mobile Application or by other means.

The information referred to in the previous paragraph must be authorized by the Commission. "

" Article 192 bis M.- Transfers that are processed through the Mobile Application must be managed within the maximum period established in article 167 of these general provisions. "

" Article 237. ...

The individual registration of debit movements for commissions on balance must consider what is provided in the General Provisions on the registration of accounting, preparation and presentation of financial statements to which participants in the Retirement Savings Systems must adhere. "

" Article 277. ... :

I. and II.

...

Administrators must issue and send a summary of movements according to the format determined for such effect by the Commission, to the address of the Workers or to the Worker's email, as applicable, in the same period in which the certificate referred to in the previous fraction I is delivered, according to the following:

a and b.

.. "

" Article 406. ... :

I. and II . ...

Administrators will make available exclusively to the Worker, the Mobile Application or any other non-presential electronic means so that, through these, they can remotely request the disposal of resources from one or more sub-accounts of the Individual Account, when so entitled in accordance with applicable legal provisions. Administrators will be responsible for verifying the identity of the holder requesting the disposal of resources from Individual Accounts.

The non-presential electronic means that the Administrator uses for the effects referred to in the previous paragraph must have an authentication factor category 3 or higher in terms of Annex B of these provisions, in addition to having the authorization of the Commission.

The remote request for disposal of resources from one or more sub-accounts of the Individual Account that the Worker makes through the Mobile Application or any other non-presential electronic means, must be subject to what is established in the Social Security Laws and the matrix of rights or the instrument that

each of the Social Security Institutes determines, as appropriate for the type of withdrawal in question.

The procedure for the remote request for the disposal of resources from one or more subaccounts of the Individual Account that the Worker carries out through the Mobile Application or any other non-presence electronic means, shall contain the same requirements referred to in the articles regarding the disposal of resources of these provisions.

..."

" Article 406 quater.- When the sum of the amount of the resources of the Retirement Insurance, the Savings for Retirement Subaccount, and the Housing Subaccount is greater than 133 units of measure and update,

the Administrators may make the deposit of the resources as established in articles 406 bis and 406 ter above, provided that the Social Security Institutes or the Federal Government dependencies determined by the Secretariat, obtain the express consent of the Worker for the transfer of said resources.

" Article 421 .- ...

...

For workers who contribute to the Mexican Institute of Social Security, the Administrators must consider the date of celebration of the marriage provided by the institute in the rights certification, for the calculation of the partial disposal due to marriage, in accordance with what is established by the Social Security Law 97. "

" ANNEX K

CRITERIA THAT ADMINISTRATORS MUST OBSERVE TO CARRY OUT THE RECERTIFICATION OF INDIVIDUAL ACCOUNTS THROUGH THE TELEPHONE ATTENTION CENTER THEY USE

...

I. ...

II. The script determined for such effect by the Administrator itself and authorized by the Commission is followed;

III. to V. ... "

TRANSITORY PROVISIONS

ARTICLE FIRST. These modifications and additions to the general provisions in the matter of operations of the retirement savings systems, will enter into force on the next business day following their publication with the exception of the following:

I.

Articles I fraction CLX bis; Section VI "Transfer through the Mobile Application", of Chapter IV "Of the Transfer of Individual Accounts" of Title Fifth "Of the Registration, Opening and Transfer of Individual Accounts" and its articles 192 bis, 192 bis A, 192 bis B, 192 bis C, 192 bis D, 192 bis E,

192 bis F, 192 bis G, 192 bis H, 192 bis I, 192 bis J, 192 bis K, 192 bis L, 192 bis M, and the second, third, fourth and fifth paragraphs added to article 406, will enter into force on February 18

of

ARTICLE SECOND. With respect to the script to carry out the Recertification of Individual Accounts through the telephone attention center, referred to in Annex K, fraction II, which is modified, the Administrators must present it to the Commission for its authorization, from the date of

entry into force of these modifications and additions, and until March 31, 2021.

Until the Commission authorizes the script referred to in this article, the Administrator in question must continue using the last script determined by the Commission before the date of

entry into force of these modifications and additions.

ARTICLE THIRD. With the entry into force of these modifications and additions to the

General Provisions in the matter of operations of the retirement savings systems, all those provisions that are contrary to this regulation are repealed, as well as acts that contravene it are left without effect.

Mexico City,

13

of November 2020.- The President of the National Commission of the Retirement Savings System, Abraham E. Vela Dib .- Rubric.

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