2024-02-14 | DOF 5716867Added
The National Commission for the Retirement Savings System (CNART) amends general provisions to mandate minimum service parameters, require designated responsible persons at all public attention channels, and prohibit conditioning service on financial product purchases. The regulation introduces an Independent Expert role to audit service levels, establishes a mandatory Annual Coverage Program, and imposes strict reporting deadlines for quarterly follow-up reports and annual improvement plans. It also mandates priority attention schemes for vulnerable users and requires transparent notification of channel unavailability ten days in advance.
DOF: 14/02/2024
MODIFICATIONS AND ADDITIONS TO THE GENERAL PROVISIONS ON SERVICE TO USERS OF RETIREMENT SAVINGS SYSTEMS
A seal with the National Coat of Arms appears on the margin, 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 SERVICE TO USERS OF RETIREMENT SAVINGS SYSTEMS
The President of the National Commission for the Retirement Savings System, based on what is provided in articles 1, 2, 3, 5 fractions I, II, VII, XIV, XV and XVI, 12 fractions I, VI, VIII and XVI, 18, 18 bis, 25, 30, 36, 37, 37 A, 53, 58, 74, 74 bis, 74 ter, 89 90 fractions II and XIII, 91, 99, 111 and 113 of the Law of the Retirement Savings Systems; 106 of the Law of the Institute for Social Security and Services for State Workers; 1, 2 fraction III and 8th first paragraph of the Internal Regulations of the National Commission for the Retirement Savings System, and
CONSIDERING
That in accordance with what is established by the Law of the Retirement Savings Systems, this Commission has the authority to regulate the operation and functioning of the Retirement Savings Systems and their Participants;
That in accordance with article 18 of the Law of the Retirement Savings Systems, Administrators must attend exclusively to the interest of workers, so that the service they provide is a central part of the System;
That the quality of the services that Administrators provide to workers must be continuously increased, so it is necessary to establish the obligation of minimum parameters that benefit the experience of workers who go to Administrators;
That to guarantee compliance with the Service Levels that Administrators determine, the intervention of an Independent Expert will allow objectively and transparently having an annual compliance report and in case can assist them in elaborating the methodologies and measurements of said levels;
That to have reliable, standardized and homogeneous information regarding the procedures and services that Administrators provide to workers, it is necessary to establish the technological and regulatory channels through which the Commission receives such information for the optimal exercise of its supervisory powers;
That it is necessary to establish basic rules to improve the functioning of the Telephone Attention Centers operated by Administrators, which is the most immediate contact for many workers;
That to guarantee adequate attention to workers it is necessary that Administrators maintain in their branches and Attention Centers a Responsible Person, who has the capacity to attend to the obligations that Administrators have in matters of services;
That it is necessary to establish the obligation of the priority attention scheme in the branches of Administrators to guarantee dignified and secure services to workers who are in some state of vulnerability;
That with all the above it seeks to promote the continuous improvement of Administrators respecting the free development of their business models and the competitive difference of their services for the benefit of workers, and
That to comply with what is established in article 78 of the General Law of Regulatory Improvement, as well as in Article Fifth of the "Agreement that sets the guidelines that must be observed by dependencies and decentralized organisms of the Federal Public Administration, regarding the issuance of general administrative acts to which article 69-H of the Federal Administrative Procedure Law applies", the deregulation actions recognized through office CONAMER/20/1832 dated April 23, 2020 relative to articles 184 fourth paragraph 184, fifth paragraph and 217 of the Modifications and additions to the General Provisions on operations of 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 SERVICE TO USERS OF RETIREMENT SAVINGS SYSTEMS
SOLO, ARTICLES 2, fractions XIV and XV; 5, first and second paragraphs; 7, fraction II; 9; 10 first paragraph; 11, second paragraph; 13, second, third fraction VI and fifth paragraphs; 16, fraction II, subsection e) and fifth paragraph; 17, first paragraph; 18, first paragraph; 19, second paragraph; 21, second paragraph; 26; 27; 30, first paragraph; 32; 33; 34, first and second paragraphs; 36; 37; 40, first, second and third paragraphs; 54, first paragraph; 55; 56; 66; and 73; are MODIFIED; CHAPTER IV bis "On the Independent Expert" and its Section I "Independent Expert", and Annex I "The Annual Coverage Program" and articles 2, fraction IV bis; IX bis and IX ter; 11, with a third paragraph; 27 Bis; 34, with a third paragraph; 37 bis; 37 ter; 39 bis; 39 ter; 39 quáter; 40 bis; 40 ter; 40 quáter, are ADDED in the index and in the body of the norm; and from Chapter IV "On Service Levels" its Section II, "On User Satisfaction with the Service" and articles 10, fourth paragraph and its fractions I to III; 35; 40, second paragraph; are REPEALED, to remain in the following terms:
" INDEX
CHAPTER I to CHAPTER IV. ...
CHAPTER IV bis. ON THE INDEPENDENT EXPERT
SECTION I. INDEPENDENT EXPERT
CHAPTER V. to CHAPTER VIII. ...
ANNEX 1.
THE ANNUAL COVERAGE PROGRAM "
" Article 2.
...
I. to IV.
...
IV bis.
Independent Expert, the legal entity in charge of preparing the report on Service Levels, and in case, of carrying out the measurements of Service Levels and the follow-up reports provided for in Chapter IV of these provisions;
V. to IX.
...
IX bis.
Parameters, the metrics determined by Administrators to evaluate and quantify the quality of customer service they offer to users;
IX ter.
Telephone Attention Center Staff, the natural persons specialized in providing information to Users regarding the administration of the Individual Account and the Services they provide in relation to the Retirement Savings System, through the Telephone Attention Center;
X. to XIII.
...
XIV.
Follow-up, the set of measurable and auditable actions that the Administrator must carry out to inform the status of Service Requests presented by Users through Attention Channels;
XV.
Service, the set of activities carried out by the Administrator with the purpose of attending to the interest of Users in relation to the administration of their individual accounts and in accordance with Service Levels;
XVI. to XXI.
... . "
" Article 5. Administrators shall designate a responsible person for each Public Attention Branch, Attention Module and other Attention Channels they enable, who must ensure at all times the continuity of the Services they offer within the established schedules, as well as compliance with the Service Levels defined by Administrators in terms of these provisions, except in cases of exception established in the General Provisions on operations of retirement savings systems.
The responsible persons mentioned in this article, in addition to what is stated in the previous paragraph, will be in charge of coordinating that it is reported through the centralized register established by the Administrator, the capture of the type of service provided, status, detail of the attention given and the Service Request received, as well as the status of each of the attentions granted through all their Attention Channels, the foregoing must be available to the Commission at any time. The person who has been designated as responsible must remain in the Public Attention Branch, Attention Module or in the Attention Channel to which they have been assigned, on the days and hours of attention established by the Administrator.
..."
" Article 7.
...
...
I.
...
II.
Capture no later than the next business day in the centralized register the Service Request received, the type of service provided, detail of the attention given, and the status of the corresponding request. The foregoing must be available to the Commission.
" Article 9. Administrators are prohibited from conditioning the attention of Service Requests to the acquisition of any financial or commercial product other than those offered by the Administrator. "
" Article 10. Administrators must have an Annual Coverage Program that meets at least the elements established in Annex 1 of these provisions, through which they define the attention and service mechanisms that best adapt to the needs of Users, considering the demand for services requested by them and the compliance with their Service Levels.
...
...
Repealed.
I.
Repealed.
II.
Repealed.
III.
Repealed. "
" Article 11.
...
Administrators must make known to users the days when Public Attention Branches, Attention Modules and Telephone Attention Centers cease to be available either temporarily or permanently, which must be informed through their Attention Channels 10 business days in advance, and inform the Commission within the same timeframe.
In the event that the availability of Public Attention Branches, Attention Modules and Telephone Attention Centers is affected by a fortuitous case or force majeure cause, they must communicate it to the Commission through usual channels, and to the general public through the channels they have available on the same day the cause occurs. "
" Article 13.
...
a) to b).
...
The User Rights Charter must be duly identified and visible at the entrance of Public Attention Branches and in each of the Attention Modules, which will have a minimum size of 90 cm. X 60 cm., with a typography of 28 points as minimum; likewise it must be available on their internet page for consultation by Users at any time.
...
I. to V. ...
VI.
Service Levels defined by the corresponding Administrator corresponding to fractions I, II, III, IV and V of article 27 bis of these General Provisions.
...
The evidence of sending and receipt of the User Rights Charter indicated respectively in subsections a) and b) of the first paragraph of this article, must be auditable. "
" Article 16.
...
...
...
...
I.
...
II.
...
a) to d).
...
e)
Name of the area to which the responsible person for issuing the non-conclusion response belongs.
Administrators must conserve the evidence of notifications made to Users to inform them of the status of Queries or Clarifications and Procedures referred to in this article. With the evidence it must be accredited that the notification was sent to the User, either to their home address or electronic mail registered in the Administrator. "
" Article 17. Administrators must establish a specific procedure for the reception, registration, routing, follow-up and conclusion of all Service Requests that Users present in person, by telephone, electronically or in writing, in their Public Attention Branches and Attention Modules, or by any other means they make available to Users. The procedure established by Administrators must be incorporated into their Policy and Procedures Manual, and documented according to the same, specifying activities, times and controls for each phase of the procedure. Pension Advisors and Telephone Attention Center Staff and other officials intervening in the procedure referred to in this article, must observe compliance with the aforementioned Policy and Procedures Manual.
...
..."
" Article 18. Administrators must have a centralized register that allows the responsible persons of each Public Attention Branch, Attention Module and other Attention Channels, to ensure that Pension Advisors carry out the capture no later than the next business day, all Service Requests presented by Users in their Attention Channels, which must be at all times available to the Commission.
..."
" Article 19. ...
The procedure defined by Administrators, in terms of the previous paragraph, must be established in their Policy and Procedures Manual, and documented according to the same, specifying activities, times and controls for each phase of the procedure. Pension Advisors and Telephone Attention Center Staff must observe compliance with said Manual in order to provide homologated information on the status of Service Requests. The Administrator must have evidence demonstrating that the management, follow-up and conclusion of Queries or Clarifications and Procedures presented by Users, was carried out based on the implemented procedure. The evidences referred to in this article must be at all times available to the Commission. "
" Article 21.
...
The procedure defined by Administrators, in terms of the previous paragraph, must be established in the Policy and Procedures Manual and documented according to the same, specifying activities, times and controls for each phase of the procedure. Pension Advisors and Telephone Attention Center Staff must observe compliance with said Manual in order to provide homologated information on the status of complaints presented by users. The Administrator must have evidence demonstrating that the management, follow-up and conclusion of complaints presented by Users, was carried out based on the implemented procedure. The evidences referred to in this article must be at all times available to the Commission. "
" Article 26. Administrators must inform Users who present Service Requests with a Problematic, the follow-up they have carried out in order to solve said requests, and conserve the corresponding evidences which must be available to the Commission. "
" Article 27. Administrators must define their Service Levels for each Attention Channel they have enabled, considering as minimum the Parameters established in articles 16, 23 and 30, as well as those contained in this Chapter.
Administrators may incorporate additional Service Levels and Parameters to those established in this Chapter. "
" Article 27 Bis.
To define their Service Levels, Administrators must consider the following criteria:
I.
Availability of information on Retirement Savings Systems, the Individual Account and Service Requests that Users can make to the Administrator;
II.
The functionality of the appointment system regarding availability to schedule them and the Attention Channels available to perform them;
III.
The maximum waiting time to be attended by the Pension Advisor who will carry out the attention of Service Requests of Users who have not previously made an appointment. Said waiting time must be published visibly and permanently in their physical Attention Channels and on their internet page;
IV.
The attention time by the Pension Advisor who carries out the attention of Service Requests in their physical Attention Channels according to the average time that such attention lasts and
V.
Availability of information on the status of Service Requests in their different Attention Channels. "
" Article 30. Administrators must generate appointments for Users who so require, through the Web Portal referred to in the General Provisions on operations of Retirement Savings Systems.
...
...
...
..."
" Article 32. Administrators must have a priority attention scheme in order to guarantee accessibility to their facilities and services in a dignified and secure manner to Users who for some congenital or acquired reason present one or more deficiencies of a physical, mental, intellectual or sensory nature, whether permanent or temporary and who for such reason are prevented from receiving a service under equal conditions as others. "
" Article 33. The measurement of waiting time from the arrival of the User to the branch and the attention time by the Pension Advisor, must be measurable, auditable and available to the Commission at any time. "
" Article 34. Administrators must comply with their Service Levels for their Public Attention Branches, Attention Modules, Telephone Attention Centers, as well as the Web Portal, chat or email and other Attention Channels they have enabled, adopting all necessary measures to ensure their compliance. For such purposes, Administrators must register their Service Levels in their Policy and Procedures Manual, which must be available to the Commission at any time.
Likewise, Administrators must establish continuous improvement processes that allow them to identify and carry out necessary corrective actions when they identify that there was no compliance with their established Service Levels, or if the Independent Expert reports it in their quarterly follow-up report. Continuous improvement processes must be available to the Commission at any time.
As part of continuous improvement, Administrators must present to the Commission, no later than the last business day of December of each year, an annual plan through which they assume commitments to improve their Service Levels. "
SECTION II
ON USER SATISFACTION WITH THE SERVICE
Repealed
" Article 35.
Repealed. "
" Article 36. Administrators must establish the methodology that allows them to measure their Service Levels, considering as minimum the Parameters established in this Chapter of these Provisions. Such methodology may be elaborated by the Independent Expert. "
" Article 37. Administrators, themselves or through the Independent Expert, must carry out quarterly measurement of their Service Levels established in each of their Attention Channels. Such measurements must be reported through the follow-up reports referred to in article 37 bis following of these general provisions.
Considering the quarterly measurements, Administrators through the Independent Expert must generate a document called "Annual Measurement of Service Levels" which must be delivered to the Commission within the first 60 natural days of the year following the one in which the measurement was made. Said document must contain the methodology established for the measurement of their Service Levels with the information that allows visualizing its application clearly and precisely.
In case an additional Service Level has been established beyond the minimums established in the regulations, provide the instrumented methodology for measurement, reference levels and results obtained in the period to be reported. As well as the information that allows justifying and proving the Service Level.
For the purposes of what is stated in this article, it must be considered as Service Level all those indicated in this Chapter and in articles 16 and 23 of these general provisions. "
" Article 37 bis. As a result of the measurement of Service Levels, Administrators directly or through the Independent Expert, must carry out quarterly follow-up reports in which the following must be identified:
I.
Each of the Service Levels and the Attention Channels through which the Service is provided, as well as reference values and the measurement of each of the Services provided.
II.
The difference between reference values against the results of the measurement of each of the Services provided.
III.
Service Levels that could be at risk of constituting a possible non-compliance, specifying the Attention Channel.
The follow-up reports must be delivered by the Administrator or the Independent Expert depending on the case, to the Board of Directors of the Administrator, to its General Director and to the Normative Comptroller, for their knowledge, according to the following calendar:
First quarter: no later than the last business day of April.
Second quarter: no later than the last business day of July.
Third quarter: no later than the last business day of October.
Fourth quarter: no later than the last business day of January.
After the report that, for its knowledge, the Board of Directors of the Administrator receives, it will have a term of five business days to present it to the Commission.
Administrators must implement improvement actions and in case adjustments or corrections regarding situations that could be at risk of constituting a possible non-compliance and that in case the Independent Expert had reported to them through the quarterly follow-up report.
Administrators that elaborate follow-up reports themselves, may hire the Independent Expert for him to review them and issue his opinion, such review and opinion must be available to the Commission. "
" Article 37 ter. Administrators must deliver to the Commission, in accordance with the "General Rules to which the information that Fund Administrators for Retirement, Specialized Investment Societies for Retirement Funds, Receiving Entities and Companies Operating the Database National SAR, deliver to the National Commission for the Retirement Savings System
Retirement Savings System", the information in aggregate by Service Channel that is used or would have been used to measure the aforementioned Service Levels and through which the values and results thereof are justified or verified. In the event that the Administrator hires the Independent Expert to carry out the measurement of the Service Levels, it must deliver the same information, but disaggregated and with all the particular details of each service event; such information must be delivered by the Administrator to the Independent Expert with the same frequency established in the General Rules referenced in this article.
" CHAPTER IV BIS
ON THE INDEPENDENT EXPERT "
" SECTION I
ON THE CONTRACTING AND SELECTION OF THE INDEPENDENT EXPERT BY THE ADMINISTRATORS "
" Article 39 bis. Each Administrator must hire an Independent Expert to annually audit the Service Levels provided in each of the Service Channels it has enabled, and where applicable, to carry out the measurement of its Service Levels and prepare the quarterly follow-up reports.
The Independent Expert referred to in this article must be approved by the Board of Directors of the Administrator.
Administrators must submit the proposal for the Independent Expert they will hire to the Commission for no objection. To this effect, they must present the request for no objection of the Independent Expert, attaching the documentation that accredits compliance with the requirements referred to in the following Article 39 ter. The Commission will have a maximum period of 20 business days to issue, if applicable, the corresponding no objection.
In the event that inconsistencies are presented or the documentation is not complete, the Commission will warn the Administrators within the timeframes and terms established by the Law. "
" Article 39 ter. The Independent Expert, who must be a legal entity, must meet the following characteristics:
I.
Have recognized prestige and not be disqualified by any competent authority;
II.
Not have a relationship that implies a conflict of interest with respect to the Administrator, or where applicable, with the members of the financial or business group to which it belongs;
III.
Accredit a minimum experience of four years in auditing Service Levels, or where applicable, developing activities of study, analysis, qualification, certification or consulting in matters of Service or audit, and
IV.
The auditors, auditors or partners of the Independent Expert, who prepare the annual audit of the Service Levels, may not audit the same Administrator for more than five consecutive years with respect to the Service Levels they provide, nor may they be the Independent External Auditor who audits the financial statements of the Administrator or its Investment Companies.
" Article 39 quáter. The annual audit of the Service Levels carried out by the Independent Expert, considering the quarterly follow-up reports, as well as the document "Annual Measurement of Service Levels", must be delivered to the Commission, the Board of Directors of the Administrator, its General Manager and the Regulatory Comptroller no later than the first business day of April of each year; it must also consider, at a minimum, the following aspects:
I.
The performance and compliance with the Service Levels of the Administrator in accordance with what is provided in Chapter IV and the Manual of Policies and Procedures;
II.
The Service Levels additional to the minimums established that Administrators have defined in accordance with article 36 of these General Provisions;
III.
It must consider the sufficiency, integrity, consistency and analysis of the Service Levels, as well as their content, with respect to previous quarters and years;
IV.
The valuation of the methodology employed by the Administrator for the measurement of its Service Levels to verify that it is established in accordance with what is provided in Chapter IV. In the event that the methodology is modified, a new audit must be delivered;
V.
The modifications in the methodologies and models for the measurement of the Service Levels of the Administrator, which must be the basis of the audit and be included in the corresponding reports;
VI.
The performance and application of the policies that the Administrator establishes in its Manual of Policies and Procedures for the compliance with its Service Levels;
VII.
The continuous improvement processes that allow identifying and carrying out the necessary corrective actions that the Administrator implemented to strengthen its Service Levels, as well as their evaluation in subsequent quarters to identify their impact;
VIII.
The installed capacity and sufficient points of attention to the public to attend the demand for Service Requests presented and the compliance with its Service Levels, as well as what is established in Annex 1 of these provisions, and
IX.
Timeliness and quality in the delivery of information.
The audit of the Independent Expert must consider the information referred to in article 37 ter of these general provisions, as well as the measurements of the Service Levels. For its preparation, the "Standard for Other Related Services 11010. Engagements to Perform Agreed-Upon Procedures" in force must be considered. "
" Article 40. The Pension Advisors of the Administrators who provide attention to Users must carry out the following functions:
I. to III.
... Repealed
Pension Advisors, in addition to the obligations indicated in this article, must know the necessary procedures regarding the receipt, registration, routing, follow-up, and notification of the conclusion of Service Requests presented to the Administrator.
The Pension Advisors of the Administrator who provide attention to Users must provide information on the status of Service Requests when so requested by Users. When the User requests a Consultation related to the balance of their Individual Account, they may be informed in accordance with the internal definitions established by each Administrator in accordance with its Manual of Policies and Procedures. "
" Article 40 bis. The Personnel of the Telephone Attention Center of the Administrators who provide attention to Users must carry out the functions indicated in the previous article, fraction I.
Additionally, they may provide information on the status of complaints, consultations or clarifications, as well as provide information on the use of the Administrator's own applications, Web Portal and Mobile Application.
The Personnel of the Telephone Attention Center who do not have the Pension Advisor certification may not manage any of the functions provided for Pension Advisors.
For Administrators that have Pension Advisors in their Telephone Attention Center, these may manage services related to the individual account with the exception of the Transfer. The aforementioned services must be developed in accordance with what is established in the General Provisions on matters of operations of the retirement savings systems.
The Personnel of the Telephone Attention Center of the Administrators must maintain the confidentiality of the information to which they have access by reason of the performance of their functions.
Administrators must conserve the records of the recordings of telephone calls, made or received in the Telephone Attention Center, in accordance with what is established in the General Provisions on matters of operations of the Retirement Savings Systems. "
" Article 40 ter. Administrators must verify that the persons they hire to serve as Personnel of the Telephone Attention Center meet the following requirements:
I.
Secondary education studies which will be accredited with a certificate of studies;
II.
Accredit satisfactorily the selection, evaluation, hiring and induction processes that apply to the Administrator, in accordance with its Manuals of Policies and Procedures;
III.
Have the technical knowledge established in Article 40 quáter of these Provisions, prior to exercising their functions as Personnel of the Telephone Attention Center; the Administrator must keep under safekeeping the evidence of this knowledge, which must be measurable, auditable and available to the Commission at any time, and
IV.
Not be disqualified or suspended by the Commission, in the Financial System or by the Secretariat of Public Function, to hold a job, position or commission. "
" Article 40 quáter. Administrators are responsible for ensuring that the Personnel of the Telephone Attention Center who provide attention to Users through their Service Channels have technical knowledge in the following topics:
I.
Regulatory framework of the Retirement Savings System;
II.
Voluntary Savings;
III.
Characteristics and requirements established by the Social Security Institutes for the granting of pensions and benefits related to the Individual Account;
IV.
Characteristics of the Individual Account;
V.
Service Requests related to Individual Accounts;
VI.
Actions that must be executed by both the Administrators, the Operating Companies, as well as the Social Security Institutes for the resolution of Procedures related to Individual Accounts;
VII.
Actions on how to attend to situations that affect Users and their Individual Accounts in a particular way and strategies to promote their resolution;
VIII.
Attributes of an Individual Account and the coexistence of said attributes with different procedures;
IX.
Timeframes to which Administrators are subject for the attention of Service Requests;
X.
Basic knowledge on the investment of the resources of the individual account;
XI.
Code of Ethics, and
XII.
Obligations of the Administrators towards Users, as well as additional topics contained in their Manual of Policies and Procedures, which must be available to the Commission at any time. "
" Article 54. Administrators are responsible for verifying that their Pension Advisors and the Personnel of the Telephone Attention Center and other personnel who provide direct attention to Users maintain the confidentiality of the information of Users and their Individual Accounts.
..."
" Article 55. Administrators must have a control procedure that allows them to verify that the activities carried out by Pension Advisors, the Personnel of the Telephone Attention Center and other personnel who provide direct attention to Users in the performance of their functions, adjust to and comply with the requirements provided in the general provisions issued by the Commission. "
" Article 56. Administrators must have procedures to receive and process Complaints that Users present regarding the conduct of their Pension Advisors, the Personnel of the Telephone Attention Center and other personnel who provide direct attention to Users. Such Complaints, as well as the treatment given to them, must be available to the Commission. "
" Article 66. As a result of the analysis of the responses that Administrators send to the Commission through the SISAT, it will determine when a Service Request is considered concluded. For all those Service Requests that have not been concluded by the Commission in the SISAT, Administrators must update in the SISAT every thirty calendar days, from the date of expiration of the timeframe established in the system for the attention of the Service Request, the status it holds and inform the actions it has carried out for its follow-up and resolution. "
" Article 73. Administrators must keep a report of the Complaint or Service Folios provided for in the General Provisions on matters of operations of the retirement savings systems, assigned for each case, as well as the details of each one of them including the type of service that was performed and remit such information to the Commission within a period not greater than ten business days counted from the celebration of the event. "
TRANSITIONAL
SINGLE.-
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 repealing actions to article 10, as well as the addition of Annex 1, will enter into force on March 1, 2024; on that date, Administrators must present to the Commission the Annual Program that will govern from March 1 to December 31, 2024. This Annual Program will replace the one presented by Administrators on December 15, 2023.
II.
The modifications of article 13, second paragraph, will enter into force three months after the notification made by the Commission of the Charter of Rights to the Administrators.
III.
The modifications to articles 19 and 21 will enter into force three months after the publication in the Official Gazette of the Federation of these modifications and additions.
IV.
The modifications and additions referred to in articles 27, 27 bis, 32, 36, 37, 37 bis and 37 ter will enter into force on the first business day of March 2024.
The first delivery of the follow-up reports referred to in article 37 bis of these modifications and additions must be made on the last business day of April 2024.
The deliveries of information referred to in article 37 ter will be subject to what is established in the "General Rules to which the information that Administrators of Retirement Funds, Specialized Investment Societies for Retirement Funds, Receiving Entities and Operating Companies of the National SAR Database must adhere, deliver to the National Commission of the Retirement Savings System".
V.
The annual plan referred to in the last paragraph of article 34 must be delivered for the first time within sixty business days following the entry into force of these modifications and additions.
VI.
Chapter IV bis "On the Independent Expert", Section I "On the contracting and selection of the Independent Expert by the Administrators"; and its articles 39 bis, 39 ter and 39 quáter relative to the implementation of the figure of the Independent Expert, will enter into force on the first business day of March 2024.
The annual audit of the Service Levels will be delivered for the first time on the first business day of April 2025, considering the information generated from the entry into force of these provisions until the last quarter of 2024.
VII.
The modifications and additions referred to in articles 40 bis and 40 quáter will enter into force on the first business day of April 2024.
Article 40 ter of these modifications and additions will enter into force on the first business day of July 2024.
Mexico City, February 6, 2024. - The President of the National Commission of the Retirement Savings System,
Mtro. Julio César Cervantes Parra .- Rubric.
ANNEX 1
ANNUAL COVERAGE PROGRAM
The Annual Coverage Program that Administrators must send to the Commission in compliance with what is established in article 10 of these provisions must contain at least the following aspects:
I.
The analysis of the Number of Users of the Administrator and its geographical distribution, of the current year and the projected for the following year, considering at least the following information:
Analysis of its demand:
a.
Users attended in each of the in-person Service Channels in the current year and those projected for the following year;
b.
Users attended through other Service Channels of the current year and those projected for the following year;
c.
Distribution of its Users by means of a specific geographical segmentation;
d.
Include the characteristics of the market segment that corresponds to each of the Investment Societies, according to the following:
Preference for the use of remote or in-person Service Channels both to be informed and to carry out procedures.
Socioeconomic level.
Educational level.
Benefits sought (coverage vs. quality in service).
Those that the Administrator determines.
e.
Type of services requested by Users;
f.
Service channels that Users have available according to where they reside;
g.
Demand of each of the Service Channels that Users have available according to where they reside;
h.
Growth, concentration and distribution trends in each of the Service Channels in at least two time periods: characteristics of users by channel and their preferences, and
i.
Relevance of its Service Channels according to the geographical distribution of its Users.
II.
The analysis of the Number of Pension Advisors and personnel who attend to Users in each of its Service Channels, considering at least the following information:
Analysis of Pension Advisors and personnel who attend to Users:
a .
Distribution of its Pension Advisors at the national level by each Service Channel and by geographical zone;
b.
Sufficiency of its Pension Advisors to provide attention to the demand in each of its Service Channels with respect to the compliance with its Service Levels, and
c.
Sufficiency of its Pension Advisors to provide attention to the demand in each of its Service Channels according to the geographical distribution of its Users.
III.
The strategy for attending to Users based on the analysis of demand, considering at least the following information:
Service Channels:
a.
Implementation of Service Channels in congruence with the analysis it performs of its demand;
b.
Implementation of Service Channels available to Users according to their psychographic profile;
c.
Service Channels available to Users considering the geographical location of these;
d.
Service Channels that will be available to Users to cover the demand of the following year considering the geographical location of its Users;
e.
Measures that the Administrator will implement to cover the demand complying with its Service Levels, and
f.
List of Service Requests that will be attended in each of its Service Channels considering the analysis of the type of services that clients request.
IV.
Criteria used by the Administrator to determine that the Annual Coverage Program satisfies the projected Service demand and the compliance with its Service Levels, considering at least the following information:
a.
Criteria to determine that the Annual Coverage Program satisfies the compliance with its Service Levels;
b .
Criteria to determine that the Annual Coverage Program guarantees the satisfaction of the projected service demand;
c.
Criteria to determine that its Annual Coverage Program guarantees that it will comply with its Service Levels, and
d.
Criteria that guarantee that the attention mechanisms chosen are those that best adapt to the needs of its clients.
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