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

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DOF: 23/08/2022

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

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

MODIFICATIONS TO THE GENERAL PROVISIONS

ON THE OPERATIONS 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, 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, clause 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 of the Decree by which the Law of the Institute of Security and Social Services for State Workers is issued; 1, last paragraph of 5, 29 fraction II, 34, 38, 40, 43, 43 bis and Eighth Transitory 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 Regulation of the Law of the Retirement Savings Systems; 1, 2 fraction III and 8 first paragraph of the Internal Regulation of the National Commission for the Retirement Savings System, and

CONSIDERING

That as a result of the modifications made to the General Provisions to which Fund Administrators must adhere in relation to their Promoter Agents published in the Official Journal of the Federation on February 22, 2022, it is necessary to make various regulatory adjustments with the aim of harmonizing these General Provisions in relation to the creation of the figure of the 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 Retirement Advisor which combines the functions of the Promoter Agents and the Service Agents, so that they complement each other and create positive concordances to provide a better service for the benefit of workers, and to objectively promote pension education for the worker so that they are sensitive to the variables of the retirement savings system;

That since the General Provisions on the operations of the retirement savings systems contain the rules governing the operation of various processes, it is necessary to carry out a harmonization of the denominations associated with the Retirement Advisor in terms of the General Provisions to which Fund Administrators must adhere in relation to their Promoter Agents, which will facilitate compliance with the regulation and avoid confusion among the regulated entities when carrying out the operation of each process;

That in accordance with the General Law for Regulatory Improvement, these modifications do not generate compliance costs for obligated private parties, as no obligations, sanctions are generated, no procedures are modified or created that would mean greater administrative burdens or compliance costs, no reduce or restrict benefits or rights, do not establish or modify definitions, classifications, methodologies, criteria, characterizations or any other reference term, 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 Journal of the Federation, has deemed it appropriate to issue the following:

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

SINGLE. The Index, list of Annexes, Annex "J" its description; articles 1, fractions V and XXXIV; 2, first paragraph; 19 first paragraph; 31 fraction V, clause f; 33 fraction III clause a), clause b), subclause iii; 39 fraction I, clauses k) and l); 60 first paragraph; 90, fraction III; 135; 140 bis paragraph fourth, clause b); 146 second paragraph; 147 third paragraph; 150 fractions VI, clause c, VII and VIII and paragraphs second and third; 152; 154 first paragraph; 155 second paragraph; 160, fraction III; 164; 165 second paragraph; 170 paragraphs first and fourth; 171; 172 fourth paragraph; 173 fractions VIII, clause c, IX and X, and paragraphs second and third; 174; 176 first paragraph; 182 second paragraph; 186 third paragraph; 189 first paragraph, fractions II and V; 192 bis second paragraph; 197 first paragraph; 198 first paragraph, fraction II, and paragraphs third start to a, fourth and fifth; 199; 202 fraction II; 206; 210 first paragraph, fraction VI and second paragraph; 210 bis third paragraph; 211 first paragraph; 215 first paragraph; 216 second paragraph; 234 fractions IV, V and third paragraph; Annex "A" fraction XX; Annex "B" fractions III clause c, and IV; Annex "C"; Annex "H"; Annex "J" name of the annex, first paragraph and fraction I; are DEROGATED articles 1, fraction IV; 42, fraction IV and 449; to read as follows:

" INDEX

...

LIST OF ANNEXES

...

" Annex "J"

Electronic File of Retirement Advisor and officials designated by Administrators to intervene in operational, audit and control processes

..."

" Article 1. ...

I. to III.

...

IV.

Is derogated.

V.

Retirement Advisor, refers to natural persons who are registered in the registry referred to in article 36, fourth paragraph of the Law, who in terms of said numeral can effect, in the name and on behalf of an Administrator, commercialization activities, promotion, guidance and handling of applications, in order to carry out the Registration or Transfer of Individual Accounts, as well as the promotion of voluntary savings, in the cases provided for in the Law, the Regulation and these general provisions, as well as the person hired or subcontracted by an Administrator in accordance with the applicable provisions in labor matters, authorized to intervene in the formation, updating and validation of Worker Identification Files, to receive and handle service requests in accordance with the provisions in matters of service to the users of the Retirement Savings System issued by the Commission and other procedures that Workers request from Administrators;

VI. to XXXIII bis.

...

XXXIV.

Retirement Advisor Credential, the identification credential issued by Administrators to their Retirement Advisors, which must meet the requirements and minimum formats established in the general provisions that implement article 36, fourth paragraph of the Law;

XXXV. to CLXIV.

... "

" Article 2. Participants in the Retirement Savings Systems, Retirement Advisors, officials and employees thereof, whether hired or subcontracted, must refrain from using the information they receive in accordance with what is provided in the Law, the Social Security Laws, the Regulation and the general provisions issued by the Commission, for any purpose other than the operation of the Retirement Savings Systems or altering the information in the National SAR Database, as well as carrying out incorrect registrations.

... "

" Article 19. Retirement Advisors, board members, executives, board members, as well as any employee direct or indirect of Administrators are prohibited from:

I. to III. ... "

" Article 31.

...

I. to IV.

...

V.

...

a to e. ...

f.

Retirement Advisor registration and control system, and

g.

...

VI. to XIII.

... "

" Article 33.

...

I. and II. ...

III.

...

a)

Service coverage strategy, including number of branches, Retirement Advisors and points of sale, with their geographic location at the start of operations and their projection for the first five years;

b)

...

i. and ii. ...

iii.

Retirement Advisor policies, including remuneration structure and geographic location;

c)

...

IV. and V.

... "

Article 39.

...

I.

...

a) to j).

...

k)

Accredit that the application for the registration and control of Retirement Advisors of the Administrator has been acquired or developed;

l)

If applicable, certificate accrediting that the Administrator's personnel has the necessary training from the provider of the software application on which they will carry out the operational, accounting and Retirement Advisor processes of the Administrator and its Investment Companies, and

m)

...

II.

...

a) and b)

... "

" Article 42.

...

I. to III. ...

IV.

Is Derogated.

V. to IX. ..."

" Article 60. Administrators must establish control and security measures for the information that ensure adequate operation and verification of the processes carried out in the Individual Accounts, which must be established in their Policy and Procedure Manuals regardless of whether the process was carried out through a Retirement Advisor, in the Specialized Unit, in any office or branch, through the call center or electronic means enabled for such effect.

...

... "

" Article 90.

...

I. and II.

...

III.

Control the use and access to information, which they obtain in the exercise of their functions or through the Retirement Advisors, officials, employees and other persons who provide their services; as well as verify that these do not store, accumulate, disseminate or concentrate personal data of Workers, for purposes other than those established for the Retirement Savings Systems.

...

IV. to VI. ... "

" Article 135. Retirement Advisors of Administrators to carry out functions related to the management of the Registration and Transfer of Individual Accounts, must be registered and valid in the Registry provided for in article 36, fourth paragraph of the Law, its Regulation and the general provisions issued by the Commission. Likewise, Retirement Advisors must show Workers their Credential accrediting them as such, valid, prior to initiating the procedure in question.

Administrators are responsible for the Registration and Transfer processes they manage, therefore they will be directly responsible for all activities carried out by their Retirement Advisors and by the Records carried out by Support Companies or FinTech Companies they hire, in terms of what is provided by the third paragraph of article 36 of the Law, what is provided by the general provisions associated with said legal provision, as well as what is provided by these general provisions.. "

" Article 140 bis. ...

...

...

A. to D.

...

...

a)

...

b) Guarantee the security and confidentiality of the information provided by the Worker to the Retirement Advisor;

c) to d)

...

...

...

...

...

... "

" Article 146.

... .

Administrators will be responsible for verifying that in all Registrations they carry out, Workers and Retirement Advisors, have an Electronic File.

" Article 147. ...

I. to VII. ...

...

Administrators must contact the Worker in accordance with what they establish in their Policy and Procedure Manuals, within five business days following receipt from Operating Companies of pre-applications for Registration in order to initiate the management of the same, in accordance with the procedures and contact deadlines established in Annex "L" of these general provisions, in order for a Retirement Advisor to initiate the management of the Registration with the Worker.

...

... "

Article 150. ...

I. to V.

...

VI.

Data of the Retirement Advisor managing the Registration, considering at least:

a.

...

b.

...

c.

Valid registration number of the Retirement Advisor;

VII.

Biometric Signature of the Retirement Advisor, in accordance with the technical criteria established by Operating Companies for such effect;

VIII.

Digital Handwritten Signature of the Retirement Advisor managing the Registration, and

IX.

...

Administrators will be responsible for ensuring that the Digital Handwritten Signature of the Retirement Advisor managing the Registration, is recorded in the presence of the Worker, when they sign their Registration Application. For this effect, the Electronic Means that Administrators use in the Registration process must generate logs that are auditable and that allow verification, at least, of the place, date and exact time when the Registration Applications were signed by the Worker and by the Retirement Advisor. Likewise, Administrators must keep such logs available to the Commission and implement the necessary security measures to guarantee that the data and information generated are not manipulable.

Administrators, through Retirement Advisors, must physically deliver, or send to the e-mail address indicated by the Worker or well, through the Electronic Means that the Administrator makes available to the Worker, a copy of the Registration Application which must include the fund administration contract for retirement and the Net Performance Document, signed by the Worker and the Retirement Advisor, at the time of processing the Registration. "

" Article 152. Administrators, through their Retirement Advisors, must verify in the presence of the Worker or Beneficiary, as applicable, prior to the signing of the Registration Application, that the data recorded in it are complete, updated and that they correspond to the information contained in the documentation that, as applicable, they provide at the time of carrying out the procedure. "

" Article 154. Administrators must ensure that the Net Performance Documents and the Registration Applications, which must contain the fund administration contracts for retirement, which they make available to Workers, meet the requirements provided for in Annexes "A", "C" and "E", as applicable, of these general provisions, are valid, as well as that the fields for Workers and Retirement Advisors to enter their Biometric Signature and their Digital Handwritten Signature are within the same document and visible to the Worker or to the Beneficiary, as applicable.

...

... "

" Article 155.

... .

Likewise, when as a result of verification processes by Administrators or the exercise of the supervisory powers of the Commission, Undue Registrations or Registrations with errors or inconsistencies that are considered as Undue Registrations are identified, the operations area of the Administrators through the controls and samples indicated in their Policy and Procedure Manuals, must ensure to review the files of the Registrations and Transfers that the Retirement Advisor in question managed in the last twelve months; likewise, it must ensure to review the files of the Registrations that Support Companies or FinTech Companies managed in the last twelve months. "

" Article 160.

...

I. to II. ...

III.

That the registration number of the Retirement Advisor who managed the Registration, is valid in the registry referred to in article 36, fourth paragraph of the Law and in accordance with what is provided in the Regulation and the general provisions issued for such effect by the Commission;

IV. to VII. ...

...

... "

" Article 164. Administrators must manage the Transfer of Individual Accounts at the request of Workers, only in the cases provided for in the Law and its Regulation. For this purpose, they may consider the direct intervention of Retirement Advisors or the use of other means that satisfy the requirements provided for in these general provisions and have been authorized by the Commission.

The Transfer of Individual Accounts may only be carried out when the Workers and Retirement Advisors, as applicable, who manage the procedures through the use of the information contained in the Electronic File are identified and authenticated previously.

Administrators will be responsible for verifying that in all Transfers they carry out, Workers and Retirement Advisors, as applicable, have an Electronic File. "

" Article 165.

...

I. to VI. ...

For this effect, the employee, official or Retirement Advisor, authorized by the Receiving Administrator to carry out the consultation referred to in this article, must provide their CURP and Biometric Signature, as well as the CURP, the full name of the Workers and the information that for such effect Operating Companies establish. Operating Companies must generate auditable logs of each consultation and implement the necessary security measures to guarantee that the data and information made available are not manipulable.

... "

" Article 170. Receiving Administrators, through their Retirement Advisors, must verify that the information recorded in the Worker Identification File corresponds to the information provided by the Worker and that it is duly registered or updated.

...

...

Receiving Administrators, through their Retirement Advisors, must verify if the Worker requires modifying or updating the information contained in their Worker Identification File and, as applicable, carry out the corresponding modifications, in accordance with what is provided in article 216 following.

... "

" Article 171. For the purposes of what is provided in articles 169 and 170 above, Receiving Administrators must consult the information of the Worker Identification Files, registered in the National SAR Database, through the use of the Biometric Signature of the Worker and of the Retirement Advisor, through the computer systems established for such effects by Operating Companies, in accordance with the specifications provided for in the guidelines referred to in article 200 following, of these general provisions. "

" Article 172.

...

...

...

For the purposes of what is established in this article, Administrators must consult the information of the Worker Identification Files registered in the National SAR Database, through the use of the Biometric Signature of the Worker and of the Retirement Advisor, through the computer systems established for such effects by Operating Companies in accordance with what is established in article 200 following of these general provisions. "

" Article 173. ...

I. to VIII. ...

VIII.

Data of the Retirement Advisor managing the Transfer, considering at least:

a.

...

b.

...

c.

Valid registration number of the Retirement Advisor;

IX.

Biometric Signature of the Retirement Advisor in accordance with the technical criteria established by Operating Companies for such effect;

X.

Digital Handwritten Signature of the Retirement Advisor managing the Transfer, and

XI. ...

Administrators will be responsible for ensuring that the Biometric Signature and the Digital Handwritten Signature of the Retirement Advisor managing the Transfer, are recorded in the presence of the Worker when they sign their Transfer Application. For this effect, the Electronic Means that Administrators use in the Transfer process must generate logs that are auditable and that allow verification, at least, of the place, date and exact time when the Transfer Applications were signed by the Worker and by the Retirement Advisor. Likewise, Administrators must keep such logs available to the Commission and implement the necessary security measures to guarantee that the data and information generated are not manipulable.

Administrators, through their Retirement Advisors, must physically deliver, or send to the e-mail address indicated by the Worker, or well, through the Electronic Means that the Administrator makes available to the Worker a copy of the Transfer Application and the Net Performance Document, signed by the Worker and the Retirement Advisor, at the time of signing the Transfer. "

" Article 174. Receiving Administrators, through their Retirement Advisors, must verify in the presence of the Worker and prior to the signing of the Transfer Application, that the data recorded in it are complete, updated and that they correspond to the information contained in the Worker Identification File and in the documentation that, as applicable, the Worker provides at the time of carrying out the procedure. "

" Article 176. Receiving Administrators must ensure that the Net Performance Documents and Transfer Applications they make available to Workers meet the requirements provided for in article 173, and in Annexes "A", "C" and "E" of these general provisions, are valid, personalized, as well as that the fields for Workers and Retirement Advisors to enter their Biometric Signature and their Digital Handwritten Signature are within the same document and visible to the Worker.

...

... "

" Article 182. ... .

Likewise, when as a result of verification processes by Receiving Administrators or the exercise of the supervisory powers of the Commission, Undue Transfers or Transfers with errors or inconsistencies that are considered as possible Undue Transfers are identified, the operations area of Receiving Administrators

..."

of the Administrators through statistically representative sampling, must ensure that they review the files of Records and Transfers that the Pension Advisor had managed in the last twelve months. Pension Advisors are prohibited from carrying out the verifications referred to in this section.

...

... "

" Article 186. ...

...

I. to III. ...

Pension Advisors are prohibited from carrying out the actions referred to in this article. "

" Article 189. Operating Companies must certify the information and elements contained in the Transfer Requests they receive, as well as validate the existence of the Worker Identification File and the Pension Advisor's File, prior to the confrontation they make of the same with the information contained in the National SAR Database, and will be responsible for ensuring that the certification processes are carried out in accordance with what is established in the Law, its Regulations, these general provisions, and the Transactional Procedures Manual, considering at least the following:

I.

...

II.

That there is an Electronic File of the Pension Advisor who managed the Transfer;

II bis to IV.

...

V.

That the registration number of the Pension Advisor who managed the Transfer is valid in the registry referred to in Article 36, fourth paragraph of the Law and in accordance with what is provided in the Regulations and the general provisions issued for such effect by the Commission;

VI. to XIV.

...

...

...

...

... "

" Article 192 bis.- ... .

Administrators are prohibited from using their Pension Advisors, 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 nature of its processing. "

" Article 197. Operating Companies must form, register, safeguard, administer, and update in the National SAR Database the Electronic Files of Workers, Pension Advisors in the timeframes provided in these general provisions, in a centralized manner under standards that guarantee the security, integrity, and confidentiality of their information.

...

...

...

...

... "

" Article 198. Operating Companies must ensure that Electronic Files are unique and continuously updated during the Worker and Pension Advisor's stay in the Retirement Savings Systems.

...

I.

...

II.

The Biometric Signature, the Digital Handwritten Signature, and the CURP of the Pension Advisor who manages the procedures or services requested by the Worker, in each case, related to their Individual Account and that form part of the Electronic File. The elements referred to in this fraction will not be required when the Electronic File is integrated directly by the Worker themselves through technological platforms, in which, due to their characteristics, the presence of the Pension Advisor is not necessary;

III. to V.

...

The Electronic Files of Pension Advisors must contain, at least, the following:

a.

The Biometric Signature and the Digital Handwritten Signature of the Pension Advisor, and

b.

...

The Electronic Files of Pension Advisors must contain the information established for such effect in the applicable general provisions for Pension Advisors and the registration of Pension Advisors issued by the Commission.

Operating Companies must separately identify the Electronic Files that Pension Advisors have registered as Workers.

...

... "

" Article 199. Administrators must capture and process the Biometric Signatures and Digital Handwritten Signatures of the Pension Advisors of the Administrator.

Likewise, Administrators must integrate and keep updated an Electronic File in the name of each Pension Advisor of the Administrator and send it to the Operating Companies for its registration and safeguarding in the National SAR Database. "

" Article 202.

...

I.

...

II.

The validation of the Biometric elements of the Electronic File of the Pension Advisor, where applicable, and

III.

...

...

... "

" Article 206. Administrators, through the Pension Advisor, must make available to Workers the equipment, automated systems, or technological platforms to provide services to Workers related to their Individual Accounts, through the CURP and Biometric Signature as means of identification and authentication.

To verify the existence of the Worker Identification File and of the Pension Advisors, they must authenticate with their CURP and Biometric Signature. "

" Article 210. Administrators, through the Pension Advisor, must form the Worker Identification File, using the Electronic Means defined for such effect by the Administrators, which must contain the following data and elements provided by the Workers:

I. to V. ...

VI. The Biometric Signature and the Digital Handwritten Signature of the Worker and of the Pension Advisor who manages the procedure.

Administrators must ensure that the CURP, the Biometric Enrollment of the Worker, the Biometric and Digital Handwritten Signature of the Pension Advisor who manages the formation of said File, as applicable, are recorded in the presence of the Worker. For this purpose, the Electronic Means used by the Administrators in the formation of the Worker Identification File must generate electronic records that are auditable and allow verifying, at least, the place, date, and exact time when the Worker and the Pension Advisor signed, respectively. Likewise, Administrators must keep such records available to the Commission and implement the necessary security measures to guarantee that the data and information generated are not manipulable. "

Article 210 bis.

... .

I.

... .

II.

... .

...

For the attorney, guardian, or curator, as applicable, to manage the services provided for in the previous Article 209 on behalf of the Worker, Administrators must verify that the attorney, guardian, or curator integrates the Electronic File of the Worker and records their Digital Handwritten Signature; likewise, they must verify that these do not have an Active Pension Advisor status in the information system provided for in the general provisions that implement Article 36, fourth paragraph of the Law. The Pension Advisor with active status may only act as attorney, guardian, or curator when acting on behalf of their spouse or the person with whom they have a concubinage relationship, as well as with those with whom they have a civil or blood relationship within the second degree.

...

I. and II.

...

... "

... "

" Article 211. Administrators, through the Pension Advisor, as applicable, must verify in the presence of the Worker, prior to signing the Worker Identification File, that the data recorded therein are complete, updated, and correspond to the information contained in the documentation that, as applicable, the Worker provides at the time of carrying out the procedure.

...

... "

" Article 215. Administrators, through the Pension Advisor, as applicable, must verify that the information registered in the Worker Identification File corresponds to the information provided by the Worker and that it is updated.

... "

" Article 216. ... .

For this purpose, Administrators, through their Pension Advisors, as applicable, must request that Workers present the documentation and information necessary for the update of the Worker Identification File, in accordance with what is provided in Annex "D", Sections "A", "B", and "F", of these general provisions, as well as according to the technical characteristics established for such effect by the Operating Companies.

...

...

... "

" Article 234. ...

I. to III. ...

IV.

When the Biometric Enrollment of a Worker or Pension Advisor is rejected by the Operating Company due to the identification of a possible duplicate, and

V.

When the Biometric Signature of a Worker or Pension Advisor does not match their Biometric Enrollment.

...

With regard to fractions IV and V, Administrators must send the particular cases to the Operating Company for clarification, within a maximum period of eight business days counted from the date the response validating the Biometric elements contained in the Worker or Pension Advisor Identification File was received from the Operating Company, or the response validating the Biometric Signature of the Worker, as applicable; in accordance with the criteria and guidelines established for such effects in the Transactional Procedures Manual. "

" Article 449. Repealed. "

" ANNEX A

FUND ADMINISTRATION CONTRACT FOR RETIREMENT

... .

... .

...

I. to XX.

...

XX.

Responsibility of the administrator for acts of the Investment Societies it administers, as well as for acts carried out by its Pension Advisors;

XXI. to XXVI.

...

... "

" ANNEX B

AUTHENTICATION FACTORS

...

I.

...

...

II.

...

...

...

III.

...

a.

...

...

c.

Not be known prior to its generation and use by Pension Advisors, as well as any direct or indirect employee of the Administrator, Operating Companies, or third parties;

...

...

...

...

...

...

...

...

...

...

...

IV.

Authentication factor category 4: Pension Advisors or any other direct or indirect employee of the Administrator, as applicable, must identify and authenticate the Worker in person in accordance with Annex "D" and according to the procedures and internal controls they have established, and;

V.

...

... "

" ANNEX C

NET PERFORMANCE DOCUMENT

In the Electronic Means that Administrators use to make the Net Performance Documents available to Workers, Administrators must allow the information and format of the Net Performance Document to be displayed on a screen of at least 7 inches, subject to the design, font, and colors determined for such effects by the Commission, in accordance with these general provisions, as well as a field for the Digital Handwritten Signatures and Biometric Signatures of the Worker and the Pension Advisor "

" ANNEX H

TRANSFER COMPLAINT FORMAT

AFORE FOLIO: ______________

Date: (City, State on _____ of _____________ of 20____)

Dear Worker, to file the complaint for Transfer, you are requested to fill out this format and provide a copy of your Official Identification:

Worker Data

1. How did you find out that your Individual Account was transferred without your consent?

Full name:

CURP:

RFC:

NSS: (if applicable)

Address

Fixed or cell phone *:

Email: (if applicable)

___ Received account statement from another Afore

Others (specify): ________________________________

___ Received a welcome letter from another Afore

---

___ Went to my Afore

---

___ Received a call from the Afore that administered my Individual Account

---

___ Received transfer notice letter

2. To which Afore was your Individual Account transferred without your consent? ________________________________

3. Which Afore administered your Individual Account? ____________________________________________________

4. Before detecting the Transfer of your individual account, were you contacted by any Pension Advisor or Representative of an Afore other than the one administering your Individual Account? ___________________________

___ Yes

___ No

If the answer to question 4 was affirmative, please provide the following information if you have it:

4.1 Do you know the name of the Pension Advisor or Representative of the Afore you had contact with?

___ Yes

___ No

If affirmative, provide the name: _____________________________

4.2 Did you provide personal information and/or personal documentation to the Pension Advisor or Representative of the Afore you had contact with?

___ Yes

___ No

If affirmative, indicate what type of information or documentation:

___ Identity document (Voter ID issued by INE, passport, etc.)

___ Proof of address

___ CURP

___ Other (specify): _____________________________________________

4.3 How did the Pension Advisor or Representative of the Afore contact you?

___ Phone call

___ Approached me in a store

___ Visited me at my home

___ Other (specify): _____________________________

___ Visited me at my workplace

4.4 The Pension Advisor or Representative of the Afore you had contact with:

___ Offered you money or any item in exchange for your information or documentation? ____________________

___ Offered you any additional service? ________________________________________________________

___ Offered you any benefit? ______________________________________________________________

___ Other (specify): ______________________________________________________________________

5. Have you recently carried out another procedure in which you delivered personal information and documentation?

___ Yes

___ No

If affirmative, indicate:

Where?

What type of information or documentation?

___ Bank

___ Identity document (Voter ID issued by INE, passport, etc.)

___ Insurance Company

___ Department store

___ Proof of address

___ CURP

___ Other (specify): _____________________________

___ Other (specify): _____________________________

For the purposes of this declaration, that the data recorded, documentation, and statements made in this Transfer Complaint are true.

---

---

Name and Signature of the Worker

Name and Signature of the official receiving this complaint

• Mandatory to provide at least one number

Description of facts

By my own right and under oath, I declare that I did not consent to the Transfer of my Individual Account, therefore I request that it remain with the Administrator _______________________________________. I describe below the circumstances under which I detected the present situation:

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---

---

---

---

---

---

---

---

---

---

I attach copies of the following documents:

---

---

---

---

---

---

---

Date and place where this complaint is signed

Name and Signature of the Worker "

" ANNEX J

ELECTRONIC FILE OF THE PENSION ADVISOR AND OFFICIALS DESIGNATED BY ADMINISTRATORS TO INTERVENE IN OPERATIONAL OR AUDIT AND CONTROL PROCESSES

The Electronic File of Pension Advisors and officials designated by the Administrator to intervene in operational or audit and control processes must contain the following:

I.

Personal data of the Pension Advisor or official designated by the Administrator, considering at least:

a. i. ...

II.

a VI. ... "

TRANSITORY

SOLE. These modifications will enter into force on the first business day of January 2023, with the exception of the following:

I.

On the next business day following their publication in the Official Gazette of the Federation, the modifications to articles 164, 165, 170, 171, 172, 173, 174, 176, 182, 186, and 189. It being understood that Promoters from the date referred to in this fraction may continue carrying out their usual functions until the last business day of December 2022, except those related to the Transfer process, in which they may not intervene in any way.

Promoters may resume functions associated with the transfer process from the first business day of January 2023 provided they are certified as Pension Advisors, in accordance with what is established in the Modification to the General Provisions to which administrators of retirement funds must be subject in relation to their promoters, published in the Official Gazette of the Federation on February 22, 2022.

For Promoters and Service Advisors to continue carrying out their usual functions from the first business day of January 2023, they must comply with the requirements referred to in the General Provisions to which administrators of retirement funds must be subject in relation to their promoters, particularly their modification, published in the Official Gazette of the Federation on February 22, 2022.

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

Mexico City, August 15, 2022. - The President of the National Commission for the Retirement Savings System, Iván Hilmardel Pliego Moreno. - Rubric.

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