Modifications to the General Provisions on Service to Users of Retirement Savings Systems

DOF: 14/12/2022

MODIFICATIONS to the General Provisions on Service to Users of Retirement Savings Systems

Aside from 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 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 of Security and Social Services for State Workers;

1, 2 fraction III and 8, first paragraph of the Internal Regulations of the National Commission for the Retirement Savings System, and

CONSIDERING

That as a result of the modification to the General Provisions to which the Retirement Fund Administrators must adhere regarding their Promoter Agents, published in the Official Gazette of the Federation on February 22, 2022, and to the General Provisions on operations of the retirement savings systems, published in the same official publication on August 23, 2022, it is necessary to make various regulatory adjustments with the purpose of harmonizing these General Provisions in relation to the creation of the figure of Retirement Advisor.

That the aforementioned modifications had as their objective to generate efficiencies in the registration or transfer of individual accounts, creating the figure of the Retirement Advisor which combines the functions of Promoter Agents and Service Agents, so that they complement each other and create positive concordances to provide better service for the benefit of workers, and to objectively promote pension education for the worker so that they become sensitive to the variables of the retirement savings system;

That although the modification to the General Provisions to which the Retirement Fund Administrators must adhere regarding their Promoter Agents, published in the Official Gazette of the Federation on February 22, 2022, repealed Chapter V, Sections II, III and IV, of the General Provisions on service to users of the retirement savings systems, it is necessary to make the respective adjustments in the index and the derogatory expressions in these provisions to avoid confusion among regulated entities;

That since the General Provisions on service to users of the retirement savings systems contain the rules governing the service that Retirement Fund Administrators provide to Workers, it is necessary to carry out a harmonization of the denominations associated with the Retirement Advisor in terms of the General Provisions to which Retirement Fund Administrators must adhere regarding their Promoter Agents, which allows facilitating compliance with the regulation and avoiding confusion among regulated subjects when attending to workers;

That in accordance with the General Law for Regulatory Improvement, these modifications do not generate compliance costs for obligated private parties, as no obligations or sanctions are generated, no procedures are modified or created that would mean greater administrative burdens or compliance costs, no benefits or rights are reduced or restricted, no definitions, classifications, methodologies, criteria, characterizations or any other reference term are established or modified, affecting rights, obligations, benefits or procedures of private parties, since it is a harmonization of terms generated by a provision previously published in the Official Gazette of the Federation, has deemed it appropriate to issue the following:

MODIFICATIONS TO THE GENERAL PROVISIONS ON SERVICE TO

USERS OF

RETIREMENT SAVINGS SYSTEMS

SOLE ARTICLE. MODIFICATIONS are made: to the denomination of Chapter V and its Sections I and V in the index and the text of the provisions, as well as Articles 2, first paragraph; 6; 10, fraction I, subsection b); 13 subsection b); 14; 19; 21 second paragraph; 24 first paragraph; 27, fractions III and IV; 28 fraction II; 39, fraction II; 40; 54; 55; 56 and 57, as well as Sections II, III and IV are REPEALED in the index and the text of the provisions, adding the respective derogatory legend in their headings and articles, as well as Articles 2, fractions V, VI, XIII and XIX, to read as follows:

" INDEX

...

CHAPTER V

ON RETIREMENT ADVISORS AND CALL CENTER STAFF

SECTION I

ON THE FUNCTIONS AND OBLIGATIONS OF THE RETIREMENT ADVISOR AND CALL CENTER STAFF

SECTION II Repealed.

SECTION III Repealed.

SECTION IV

Repealed.

SECTION V

ON THE LIABILITY OF ADMINISTRATORS FOR THE ACTS CARRIED OUT BY THEIR

RETIREMENT ADVISORS

... "

" Article 2. For the purposes of these general provisions, in addition to the definitions set forth by the Law, its Regulations, as well as the General Provisions on Operations of the Retirement Savings Systems and General Provisions to which Retirement Fund Administrators must adhere regarding their Promoter Agents, the following shall be understood in singular or plural:

I. to IV. ...

V.

Repealed.

VI.

Repealed.

VII. to XII. ...

XIII.

Repealed.

XIV. to XVIII.

...

XIX.

Repealed.

XX. to XXI.

... "

" Article 6. Public Attention Branches and Attention Modules, as well as the Retirement Advisors of said Branches and Attention Modules, must be fully identified to Users and signposted with the name of the Administrator. "

" Article 10.

... .

... .

... .

... .

I. ...

a)

...

b)

Number of Retirement Advisors and staff attending to Users in each of their Attention Channels;

c) and d). ...

II. and III.

... "

" Article 13. ...

a)

...

b)

In Registration and Transfer Procedures through the means the Administrator considers pertinent, keeping the evidence that accredits the receipt of the Rights Letter by the User.

...

... .

... .

... . "

" Article 14. Administrators may incentivize the use of non-presential channels for the receipt and attention of Service Requests from Users, for which they may develop and implement digital or mobile mechanisms. The mechanisms implemented by Administrators must comply with the General Provisions on operations of the retirement savings systems.

In this sense, Administrators must prepare a matrix of Presential, Non-presential and Mixed Service Requests, which they must publish on their website and make known to Retirement Advisors and Call Center Staff. "

" Article 19. Administrators must design, develop and implement a procedure that ensures the management, Follow-up and conclusion of Queries or Clarifications and Procedures presented by Users, which must guarantee their attention within the solution timeframes provided for in the applicable regulations.

The procedure defined by Administrators, in terms of the previous paragraph, must be established in their Policies and Procedures Manuals and be available to Retirement Advisors and Call Center Staff who provide attention to Users in their different Attention Channels, in order to provide homogeneous information on the status of Service Requests. "

" Article 21.

... .

The procedure established by Administrators, in terms of the previous paragraph, must be established in their Policies and Procedures Manuals and be available to Retirement Advisors and Call Center Staff who provide attention to Users in their different Attention Channels, in order to provide updated and homogeneous information on the status of Complaints. "

" Article 24. Administrators must use any means that allows receiving, registering and generating a receipt acknowledgment and Complaint or Service Folio for every Complaint presented by Users in relation to their Individual Account, the Retirement Savings System or the conduct of their Retirement Advisors and other staff who provide direct attention to Users. In the case that the Complaint is presented via telephone, the corresponding Complaint or Service Folio must be provided in the impossibility of generating a receipt.

... "

" Article 27. ...

I. to II.

...

III.

The maximum waiting time to be attended by the Retirement Advisor who will carry out the attention of Service Requests from Users who have not previously made an appointment.

This waiting time must be published visibly and permanently in their Presential Attention Channels and on their website.

IV.

The attention time by the Retirement Advisor who carries out the attention of Service Requests in their Presential Attention Channels according to the average time that such attention lasts, and

V.

... "

" Article 28. ...

I.

...

II .

Level of knowledge of Retirement Advisors and Call Center Staff who provide attention to Users regarding the requirements, documents, timeframes and operational procedures to which individual accounts are subject from the User's perspective, in order to corroborate that the same is updated and appropriate to the functions performed;

III. to VII.

... "

" Article 39 . ...

I.

...

II.

Individual Certifications of Retirement Advisors. "

" CHAPTER V

ON RETIREMENT ADVISORS AND CALL CENTER STAFF "

" SECTION I

ON THE FUNCTIONS AND OBLIGATIONS OF THE RETIREMENT ADVISOR AND CALL CENTER STAFF "

" Article 40. Retirement Advisors and Call Center Staff of Administrators who provide attention to Users must carry out the following functions:

I.

Advise Users on:

a)

Characteristics and requirements for the granting of pensions provided by Security Institutes;

b)

Information on the administration of their Individual Account;

c)

Service Requests related to their Individual Account, providing Users with the necessary information and documentation to carry them out;

d)

Timeframes to which Administrators are subject for the attention of Service Requests in accordance with applicable regulations;

e)

Basic knowledge of the functioning of Investment Societies;

f)

Processes that the Administrator, as well as the Security Institutes, must execute for the solution of Service Requests related to their Individual Account;

g)

Problems in their Individual Account, as well as the management that must be executed to promote their solution, and

h)

Obligations of Administrators towards Users;

II.

Receive and manage Service Requests presented by Users, according to what the Administrator has defined in their Policies and Procedures Manual, and provide the corresponding information, for which they must:

a)

Identify the User;

b)

Review and, if applicable, verify the information and documentation presented to them by Users;

c)

Receive and register in the Administrator's systems the Service Requests presented by Users, and

d)

Maintain the confidentiality of the information to which they have access by reason of the performance of their functions.

III.

Execute the other activities established in the Policies and Procedures Manual by the Administrator.

Under no circumstances may any of the functions provided for Retirement Advisors be managed through the Call Center.

Retirement Advisors and Call Center Staff, in addition to the obligations set forth 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.

Retirement Advisors and Call Center Staff 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 Query related to the balance of their Individual Account, they may be informed according to the internal definitions that each Administrator provides. "

" SECTION II

ON THE REGISTRATION OF SERVICE AGENTS

Repealed "

" Article 41.

Repealed. "

" Article 42.

Repealed. "

" Article 43.

Repealed. "

" SECTION III

ON THE TRAINING PROGRAM OF ADMINISTRATORS

Repealed "

" Article 44. Repealed. "

" Article 45. Repealed. "

" Article 46. Repealed. "

" Article 47. Repealed. "

" SECTION IV.

ON CONTROL EXAMINATIONS

Repealed. "

" Article 48. Repealed. "

" Article 49. Repealed. "

" Article 50. Repealed. "

" Article 51. Repealed. "

" Article 52. Repealed. "

" Article 53. Repealed. "

" SECTION V

ON THE LIABILITY OF ADMINISTRATORS FOR THE ACTS CARRIED OUT BY THEIR

RETIREMENT ADVISORS "

" Article 54. Administrators are responsible for verifying that their Retirement Advisors and other staff who provide direct attention to Users maintain the confidentiality of User information and their individual accounts.

The Electronic Means that Administrators make available to Retirement Advisors and other staff who provide direct attention to Users for the exercise of their functions must guarantee that, through them, User information is not retained in databases other than those used by the Administrator. "

" Article 55. Administrators must have a control procedure that allows them to verify that the activities carried out by Retirement Advisors and other staff who provide direct attention to Users in the performance of their functions, adjust to and comply with the requirements provided for 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 Retirement Advisors and other staff who provide direct attention to Users. Such Complaints, as well as the treatment given to them, must be available to the Commission. "

" Article 57. It is the exclusive authority of Administrators to receive, attend to and resolve the doubts or queries presented by Retirement Advisors by reason of their registration and the provision of their Services, as well as to provide attention to conflicts that, if any, arise among them. "

TRANSITORY PROVISIONS

FIRST. These General Provisions shall enter into force on the business day following their publication in the Official Gazette of the Federation.

SECOND. With the entry into force of these modifications, all those provisions that contravene these are repealed.

Mexico City, December 7, 2022.- The President of the National Commission for the Retirement Savings System,

Dr. Iván Hilmardel Pliego Moreno.- Signature.

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