2019-01-17 | DOF 5548277

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

The National Commission for the Retirement Savings System extends the implementation deadlines for various service obligations imposed on Administrators by nine months from the publication date in the Official Gazette. Specific transitional provisions mandate that the first Annual Coverage Program be submitted by December 15, 2019, and that the User Rights Letter be included in statements for the third quarter of 2019. These modifications aim to allow regulated entities sufficient time to adjust their processes and mechanisms for user service compliance.

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DOF: 17/01/2019

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

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

MODIFICATIONS TO THE GENERAL PROVISIONS ON SERVICE TO

USERS OF

THE 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 on November 16, 2018, the General Provisions on Service to Users of the Retirement Savings Systems were published in the Official Gazette of the Federation with the objective of regulating the minimum characteristics of Service that Administrators must provide to Users regarding the administration of their individual accounts;

That in the aforementioned provisions, various obligations were established that Administrators must comply with to carry out the correct observance of said provisions, which implies the development or modification of processes and mechanisms related to the service to Users of the Retirement Savings Systems;

That in order for the regulated entities to be able to correctly implement what is established in the aforementioned provisions, it is necessary to grant them a longer transition period, which avoids partial and ineffective observance of the norm, has deemed it appropriate to issue the following:

MODIFICATIONS TO THE GENERAL PROVISIONS ON SERVICE TO

USERS OF

THE RETIREMENT SAVINGS SYSTEMS

SOLE.- Article Sole Transitional, fractions I, II, III, IV, V, VI, VII, VIII, X, XI, XII, XIII, XV, XVII, XXI, XXII, and XXIV are MODIFIED to read as follows:

" ARTICLE SOLE.- ...

I. Chapter II "Of the Public Attention Branches and Attention Modules of the Administrators", Section I, "Of the Functions of the Public Attention Branches and Attention Modules of the Administrators", article 5, regarding the designation of a responsible person in the Public Attention Branches and other Attention Channels, will enter into force nine months after its publication in the Official Gazette of the Federation;

II. Chapter II "Of the Public Attention Branches and Attention Modules of the Administrators", Section II "Of the Annual Coverage Program", article 10, regarding the Annual Coverage Program, must be presented for the first time to the Commission on December 15, 2019;

III. Chapter III "Of User Attention", Section I, "Of the Advice and Information that the Administrators must provide to Users", articles 11 and 12, regarding the updated information on addresses, days, hours, phone numbers and names of the service managers that must be made available to Users in all Public Attention Branches, Attention Modules of the Administrators, Call Center and internet page; the updated information in accordance with the current regulations and homogeneous in its different Attention Channels; as well as only what concerns the publication of fixed hours in the different Attention Channels referred to in article 29, will enter into force nine months after its publication in the Official Gazette of the Federation;

IV. Chapter III "Of User Attention", Section I "Of the Advice and Information that the Administrators must provide to Users", article 13, regarding the delivery of the User Rights Letter in Registration, Transfer, Recertification procedures, its availability on the internet page, as well as its display in the Public Attention Branches and Attention Modules, will enter into force nine months after its publication in the Official Gazette of the Federation. With respect to the sending of the User Rights Letter in the Statements, it must be sent for the first occasion in the Statements corresponding to the third quarter of 2019, in accordance with the deadlines established in the Regulations of the Law of the Retirement Savings Systems and the General Provisions on operations of the retirement savings systems, excepting for the only time the information contained in fraction VI of article 13. The sending of the User Rights Letter corresponding to the years 2020 and subsequent years, must be sent with the Statements corresponding to the third quarter of each year as established in article 13, subsection a) of these general provisions;

V. Chapter III "Of User Attention", Section I "Of the Advice and Information that the Administrators must provide to Users" article 14, regarding the incentive for non-presential channels for the Attention of Service Requests, will enter into force nine months after its publication in the Official Gazette of the Federation;

VI. Chapter III "Of User Attention", Section I "Of the Advice and Information that the Administrators must provide to Users" article 15, regarding the requirements, documents and procedures necessary to attend to the Service Requests that must be available in a visible and permanent manner in their Attention Modules of the Administrators, internet page and any other means of consultation, will enter into force nine months after its publication in the Official Gazette of the Federation;

VII. Chapter III "Of User Attention", Section I, "Of the Advice and Information that the Administrators must provide to Users", article 16, regarding the notifications that the Administrators must make to Users regarding the status of the Queries or Clarifications and Procedures that they enter, will enter into force nine months after its publication in the Official Gazette of the Federation;

VIII. Chapter III "Of User Attention", Section II, "Of the Presentation of Service Requests", article 17, regarding the establishment of a specific procedure for the reception, registration, routing, follow-up and conclusion of the Service Requests that must be documented in the Manual of Policies and Procedures of the Administrators, will enter into force nine months after its publication in the Official Gazette of the Federation;

IX. ...

X. Chapter III "Of User Attention", Sections III and V, "Of the Follow-up to Queries or Clarifications and Procedures" and "Of the Attention to Service Requests that present a problem", the articles 19, 20, 25 and 26 regarding the design, development and implementation of a procedure that ensures the management, Follow-up and conclusion of the Queries or Clarifications and Procedures, as well as the identification of Service Requests that are pending resolution due to a problem and their Follow-up, will enter into force nine months after its publication in the Official Gazette of the Federation;

XI. Chapter III "Of User Attention", Section IV, "Of the Follow-up of Complaints", the articles 21 and 22, regarding the design, development and implementation of procedures for management, Follow-up and conclusion of Complaints, will enter into force nine months after its publication in the Official Gazette of the Federation;

XII. Chapter III "Of User Attention", Section IV, "Of the Follow-up of Complaints", article 23, regarding informing Users, through the means they define, of the status of the Complaints, will enter into force nine months after its publication in the Official Gazette of the Federation;

XIII. Chapter III "Of User Attention", Section IV, "Of the Follow-up of Complaints", article 24, regarding establishing some means that allows receiving, registering and generating an acknowledgment of receipt and Complaint or Service Folio for any Complaint that Users present, will enter into force nine months after its publication in the Official Gazette of the Federation;

XIV. ...

XV. Chapter IV "Of Service Levels and Evaluations of User Service", Section I, "Of the Service Levels", article 28, regarding establishing its own measurement parameters, will enter into force nine months after its publication in the Official Gazette of the Federation;

XVI. ...

XVII. Chapter IV "Of Service Levels and Evaluations of User Service", Section I, "Of the Service Levels", article 32, regarding the priority attention scheme, will enter into force nine months after its publication in the Official Gazette of the Federation;

XVIII. ...

XIX. ...

XX. ...

XXI. Chapter V "Of Service Agents and Call Center Staff", Sections II, III, IV and V "Of the Registration of Service Agents", "Of the Training Program of the Administrators", "Of the Control Exams" and "Of the Responsibility of the Administrators for the acts carried out by their Service Agents", respectively, with the exception of articles 46, 47 and 54, will enter into force nine months after its publication in the Official Gazette of the Federation;

XXII. Chapter V "Of Service Agents and Call Center Staff", Section III, "Of the Training Program of the Administrators", articles 46 and 47, regarding the Manual of Training of Service Agents and the training programs, will enter into force nine months after its publication in the Official Gazette of the Federation;

XXIII. ...

XXIV. Chapter VI "Of the User Attention Supervision System called SISAT", article 66, regarding the update in the SISAT, will enter into force nine months after its publication in the Official Gazette of the Federation. "

TRANSITIONAL PROVISIONS

FIRST.- These modifications will enter into force on the next 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, January 11, 2019. - The President of the National Commission for the Retirement Savings System, Abraham E. Ve la Dib. - Rubric.

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