Operating Regulation for the Free Informed Disaffiliation from the Private Pension System (SPP) of Members with the Right to a Pension in the Regime of Decree Law No. 20530

Lima, 29 September 2021

S.B.S. Resolution No. 02906-2021 The Superintendent of Banking, Insurance and Private Pension Fund Administrators

WHEREAS:

That, by Supreme Decree No. 054-97-EF, the Single Ordered Text of the Law of the Private Pension System was approved, hereinafter the SPP Law;

That, by Supreme Decree No. 004-98-EF, the Regulation of the aforementioned SPP Law was approved, hereinafter the Regulation;

That, by Law No. 28991, published in the Official Gazette El Peruano on 27 March 2007, the Law regulating free informed disaffiliation, minimum and complementary pensions, and special early retirement regime was approved;

That, by Supreme Decree No. 063-2007-EF, the Regulation of Law No. 28991 was approved, which establishes the conditions and general guidelines regarding the requirements and procedures for free informed disaffiliation, minimum and complementary pensions, as well as the special early retirement regime;

That, by SBS Resolution No. 1041-2007, the Operating Regulation for free informed disaffiliation and the special early retirement regime of the Private Pension System was approved, to which Law No. 28991 and Supreme Decree No. 063-2007-EF refer, which establishes the operational provisions that allow the exercise of the rights and benefits linked to the free informed disaffiliation procedure and the special early retirement regime and return to the National Pension System referred to in Decree Law No. 19990;

That, in addition, it should be noted that by Article 3 of Law No. 28389, published in the Official Gazette El Peruano on 17 November 2004, the modification of the First Final and Transitory Provision of the Political Constitution of Peru was ordered, with the purpose of definitively declaring closed the pension regime of Decree Law No. 20530. Consequently, as of the entry into force of this constitutional reform, new incorporations or reincorporations to the pension regime of Decree Law No. 20530 are not permitted and, likewise, workers who, belonging to said regime, have not met the requirements to obtain the corresponding pension, must choose between the National Pension System or the Private System of Pension Fund Administrators;

That, the Constitutional Court in ground 2.1 of numeral 3 of the judgment of File No. 00014-2007-PI/TC published on 15 May 2009, made an interpretive clarification to the concept of National Pension System, according to which, said normative concept comprises both the pension regime regulated by Decree Law No. 19990 and the

Los Laureles No. 214 - Lima 27 - Peru Tel.: (511)6309000

regulated by Decree Law No. 20530. This is because persons who belonged to either regime had the opportunity to transfer to the Private Pension System, and it is therefore necessary, in order not to afford discriminatory treatment, that all of them be considered included in its normative assumption;

That, in addition to this, it is important to mention that the free disaffiliation procedure constitutes a right for those affiliates to the SPP who consider that they have the right to access a retirement pension within the Public Pension System, specifically, within the framework of the pension regime regulated by Decree Law No. 20530, considering that said right was acquired before 17 November 2004, the date on which this pension regime was declared closed at the constitutional level;

That, in that sense, it is necessary to issue the operational provisions that allow the exercise of the rights and benefits linked to the free informed disaffiliation procedure of the SPP for those affiliates with the right to a pension in the Public Pension System referred to in Decree Law No. 20530 in accordance with what is mentioned in the preceding recitals;

That, Article 6 of Supreme Decree No. 063-2007 authorized both the Superintendency of Banking, Insurance and AFP and the Office of Pension Normalization (ONP) to issue the operating regulation in order to make viable the provisions contained in the supreme decree mentioned in the preceding recital;

That, on the other hand, it is necessary to make more flexible the form of presentation of the disaffiliation application that SPP affiliates must make, and therefore the corresponding modifications must be made to the section on SPP disaffiliation application and compliance with requirements, contained in subsection 1.1. of Article 5 and subsection 1.1. of Article 4, which establish the operating procedures for free informed disaffiliation of the Private Pension System, to which Law No. 28991 and Supreme Decree No. 063-2007-EF refer, approved by SBS Resolutions No. 1041-2007 and SBS Resolution No. 11718-2008, respectively;

That, on the other hand, regarding the figure of abandonment in the Free Disaffiliation procedures, in the event the affiliate has not expressed conformity with the information contained in the RESIT SPP, within the period of three months following its receipt, it is necessary to specify the effects and consequences of not adopting a decision in this regard, so that it is known by the affiliate from the orientation stage provided by the AFP before initiating said procedure, and therefore it is necessary to modify the operating procedures for free disaffiliation contained in SBS Resolutions No. 1041-2007 and No. 11718-2008, respectively;

That, in order to gather the opinions of the general public regarding the proposed amendments to the SPP regulations referred to the free disaffiliation process, the pre-publication of this draft resolution on the matter was arranged on the Superintendency's electronic portal, in accordance with the provisions of Supreme Decree No. 001-2009-JUS and its amendments;

With the approval of the Deputy Superintendencies of Private Pension Fund Administrators, of Market Conduct and Financial Inclusion, and of Legal Advice; and,

In use of the powers conferred by numeral 9 of article 349 of the General Law of the Financial System and the Insurance System and Organic of the

SUPERINTENDENCY OF BANKING, INSURANCE AND AFP Republic of Peru

Superintendency of Banking and Insurance, Law No. 26702 and its amendments, and literal d) of article 57 of the SPP Law;

RESOLVES:

Article One. - Approve the operating regulation for the free informed disaffiliation from the Private Pension System of members who have the right to a pension in the Public Pension System regulated by Decree Law No. 20530, under the following text:

"OPERATING REGULATION FOR THE FREE INFORMED DISAFFILIATION FROM THE SPP OF MEMBERS WITH THE RIGHT TO A PENSION IN THE REGIME OF DECREE LAW No. 20530"

TITLE I GENERAL PROVISIONS

Article 1.- Scope.

This operating regulation establishes the applicable procedures regarding the treatment of free informed disaffiliation from the SPP, for members with the right to a pension in accordance with the regime of Decree Law No. 20530, based on the provisions of Law No. 28991, Supreme Decree No. 063-2007-EF and the interpretation established by the Constitutional Court, in file No. 00014-2007-PI/TC.

Article 2.- Definitions.

For the purposes of the procedures carried out under the scope of this Operating Regulation, the following definitions are used:

a) AFP: Private Pension Fund Administrators;

b) Insured: Workers of the national public sector included in the regime of Decree Law No. 20530;

c) Members: Workers who, as a result of their incorporation into the SPP, affiliated with an AFP;

d) BdR: Recognition Bonds;

e) CIC: Individual Capitalization Account;

f) Decree Law No. 20530: Pension and Compensation Regime for Civil Services rendered to the State not included in Decree Law No. 19990;

g) Disaffiliation from the SPP: Situation whereby a member of an AFP withdraws from the SPP;

h) Days: Calendar days, unless expressly indicated otherwise;

i) Administrative Entities: Ministries, decentralized public bodies, autonomous institutions, regional governments, local governments, public companies and other entities that have pensioners and/or active personnel under the protection of the Regime of Decree Law No. 20530, its amending, complementary and related norms;

j) Incorporation into the SPP: entry of a worker into the scope of the SPP, based on the bidding process provided in article 7-A of the SPP Law;

k) Law No. 28991: Law No. 28991 approving the Law on free informed disaffiliation, minimum and complementary pensions and Special Early Retirement Regime;

l) ONP: Office of Pension Normalization;

m) RESIT-SPP: Report of Situation in the Private Pension System;

n) RESIT- SPuP: Report of Situation in the Public Pension System;

o) Regulation of Law No. 28991: Regulation of Law No. 28991, approved by Supreme Decree No. 63-2007-EF;

p) SBS: Superintendency of Banking, Insurance and Private Pension Fund Administrators;

q) SPuP – D.L. No. 20530: Public Pension System referred to the regime of Decree Law No. 20530;

r)
SPP: Private Pension Fund Administration System.

TITLE II FREE DISAFFILIATION FROM THE PRIVATE PENSION SYSTEM (SPP)

Article 3.- Information to be provided for disaffiliation.

The AFP must provide adequate guidance to the member so that they initiate the disaffiliation process from the SPP; and must inform them, at a minimum, of the following:

i) Channels enabled to obtain the documents that must be attached to the disaffiliation application;

ii) Conditions for determining the amount of the estimated or calculated pension in the SPuP and the SPP, as applicable;

iii) Amount owed, in case there is a contribution differential;

iv) Proof of having met the requirements of years of contribution to have a pension in the respective pension regime;

v) Effects of disaffiliation, including its irreversibility and the convenience or not of disaffiliation;

vi) Effects and consequences of the figure of abandonment that applies, by not expressing a decision, whether confirming or claiming, on the RESIT SPP, within the period of three (3) months, after it has been delivered by the AFP".

Article 4.- Accreditation of entry into the SPuP- D.L. No. 205301

To accredit entry into the Public Pension System, the member must present the following documentation:

a) Resolution of incorporation into the regime of Decree Law No. 20530.

b) Administrative resolutions of employment contract, replacement, substitution or others of a similar nature.

c) Resolution of appointment and termination.

d) Situational report issued by the public entity where they work or worked.

e) Proof of earnings and deductions.

In case of not having any of the listed documents, the member may present in their replacement, any other document of a similar nature, that substitutes those described above.

Article 5.- Procedure for informed disaffiliation from the SPP2 .

1. Application for disaffiliation from the SPP and compliance with requirements.

1.1. The disaffiliation process can be in person or remote. The disaffiliation application can also be submitted by the beneficiaries of the deceased member, after accreditation as such, in accordance with the SPP norms. For this purpose, the representative of the beneficiaries who carries out the management of the aforementioned procedure must submit a simple Sworn Statement confirming their status as representative of the family group.

1.2. Once the AFP has provided guidance regarding the conditions and requirements of the disaffiliation process, for which purpose the AFP must keep a record thereof; the member submits to the AFP Section I of the Disaffiliation Application Form which, as Annex No. 1, forms an integral part of this operating regulation, and which contains at least the following information:

[1] Article amended by SBS Resolution No. 2843-2022, published in the Official Gazette “El Peruano” on 19.09.2022.

[2] Article amended by SBS Resolution No. 2843-2022, published in the Official Gazette “El Peruano” on 19.09.2022.

Los Laureles No. 214 - Lima 27 - Peru Tel.: (511)6309000

a) Full name of the member;

b) Type and No. of identity document;

c) Date of birth;

d) Place of residence, email address and telephone number;

e) Sworn statement of having received guidance and having been informed of the conditions, requirements and effects of disaffiliation;

f) Preliminary information on years of contribution to the SPuP–D.L. No. 20530 (expressed in months);

g) Sworn statement of having been informed that the mere submission of Section II of the informed free disaffiliation application entails rendering ineffective the procedures for transfer, fund change, relocation, nullity, multiple affiliation, transfers of funds abroad or others that involve movement of the CIC, as established by the SBS, as well as that it is not possible to initiate a BdR 1992, 1996 or 2001 procedure while the disaffiliation application is under evaluation. This is applicable as of the signing of the aforementioned Section II;

h) Signature and/or digital fingerprint, in case the procedure is in person; and,

i) Place and date of submission.

1.3. When the member has gathered the necessary documentation to prove compliance with the requirements that allow disaffiliation, they submit Sections I and II of the Disaffiliation Application Form, indicating the cause supporting their disaffiliation as well as the pension benefit to which they would be entitled, in addition to attaching the Situational Report of Contributions of the SPuP–D.L. No. 20530 issued by the Administrating Entities of D.L. No. 20530, whose pensions are financed by Public Treasury Resources or with Own Resources of the entity where they work or worked, and in case of belonging to a privatized, liquidated, deactivated and/or dissolved Public Entity, they may attach other documents that can evidence the period, remuneration and contribution to the SPuP–D.L. No. 20530, depending on the cause, based on the documents indicated in the aforementioned form.

If upon receiving the disaffiliation application, the AFP informs the member that they have not submitted the documentation that allows substantiating that, as of the date of their incorporation into the SPP, they met the requirements to access a pension under the SPuP–D.L. No. 20530, or that they have accumulated at least the number of years of contribution between the SPP and SPuP–D.L. No. 20530 minimum required to access a pension, and the member insists that the application be received, the AFP processes it accordingly so that the ONP issues a ruling regarding compliance with the requirements for access to a pension or the minimum number of years of contributions to access a pension in the SPuP–D.L. No. 20530, before it was definitively closed, for which purpose the member shall additionally sign Section II of the Disaffiliation Application Form;

1.4. The AFP, within a period no greater than twenty (20) days from receipt of Sections I and II of the application, must do the following:

a) Send to the ONP, within a maximum period of five (5) days from the signing of the aforementioned Section II, a duly paginated file, comprising the documents submitted by the member, in accordance with the provisions of numeral 1.3. The delivery of the files must be made in the presence of a representative of the AFP and of the ONP, so that both validate the documentation and formulate the delivery receipt, physical or electronic, as applicable.

b) Issue the SPP Situation Report (RESIT SPP), which contains the following information:

i. Years of contribution (counted in months) made to the SPP, as well as the Number of Recognition Bonus Application 1992, 1996 or 2001 that the member has processed, if applicable;

ii. Employment status (active as a dependent worker, or making contributions as an independent worker), informing the last insurable remuneration registered of the member in case they perform work as a dependent;

Los Laureles No. 214 - Lima 27 - Peru Tel.: (511)6309000

iii. The amount of the estimated pension, depending on the cause invoked, that they would receive in the AFP, based on the balance of their CIC and the last recognized value of the BdR or BdR Title, in case they are entitled to said benefit. In the event that the BdR is not in the aforementioned situations, the pension value is determined considering the estimated value, under the conditions established by the ONP. In such case, the AFP must include the following message: “Dear member, the SPP Pension that has been calculated considers the estimated value of BdR 1992, 1996 or 2001, adjusted based on the methodology established by the ONP, so the pension is subject to variation if, as a consequence of the verification process carried out by the ONP in relation to the BdR, it is determined that there is a change in value.”;

iv. Information on contributions accrued within the SPP, which must consider at least the following:

General data of the member:

• Surnames and names.

• Current address.

• Telephone.

• Email address.

• Type of identity document.

• No. of identity document.

• Date of affiliation to the SPP.

• First month accrued to the SPP.

General data of the employers

• Name, denomination or corporate name.

• RUC No.

• Accrual start date (first contribution).

• Date of last contribution.

Contribution data by accrued period:

• Insurable (taxable) remuneration.

• Accrual month.

• Contribution condition (dependent or independent).

• Contribution status (Credited, in administrative collection or in judicial collection, insolvency proceeding, installment plan, paid to the SPuP–D.L. No. 20530 improperly, etc.)

• AFP

CIC balance:

• Mandatory Contribution to the Fund (includes interest).

• Voluntary contribution with pension purpose (includes interest).

• Profitability.

Regarding the contributions accrued within the SPP, and so that the ONP may have the information that allows it to calculate the differential of contributions to be paid, the AFP must guarantee that said document records all the contributions that the member had within the SPP, whether paid or not, and regardless of whether they correspond to the AFP to which the member is currently affiliated or not. The AFP to which the member is affiliated must gather that contribution information that may have been recorded in other AFPs as a result of transfer processes.

Los Laureles No. 214 - Lima 27 - Peru Tel.: (511)6309000

The AFP must provide the member with a written report of the RESIT-SPP, within the period provided in this numeral. If the member does not agree with the RESIT-SPP, they may request its review, attaching for this purpose the evidence supporting their request, within a period no greater than fifteen (15) days counted from receipt of the aforementioned information. The AFP must notify the ONP on the third business day of the week following the filing of the claim, about said fact and shall have a maximum period of ten (10) days from receipt of the review request in order to make available to the member a new RESIT-SPP, considering the result of the requested review. In those cases in which the member has not made any transfer throughout their pension trajectory, the AFP must issue the RESIT-SPP within a period no greater than five (5) days from receipt of Section II of the application. A similar period applies in those cases in which members file a claim.

When the member fails to state their decision on the RESIT-SPP, whether by claiming or confirming, within the maximum period of three (3) months following the period established in the preceding paragraph, the procedure is abandoned, an aspect that is notified by the AFP to the ONP, within the same period indicated in the case of Numeral 3 of Article 5 of this regulation. This condition does not prevent the submission of a new disaffiliation request if the member so wishes.

1.5. The AFP sends the ONP the RESIT-SPP, within five (5) days of receipt of the member's conformity to said report, under the conditions established by the Superintendency, or upon expiration of the period to file a claim regarding said document, so that the process of evaluating the member's application may be completed and it may determine whether the member meets the requirements that will allow them to disaffiliate, as well as for the determination of the contribution differential, and the estimated pension value in the SPuP.

2. Qualification of the right to disaffiliation from the SPP.

2.1 The ONP, once it has received the file referred to in literal a) of numeral 1.4, proceeds to carry out the verifications related to the services rendered by the member within the SPuP–D.L. No. 20530. Said entity has a maximum period of thirty (30) days counted from receipt of the RESIT-SPP, delivered by the AFP, in order to evaluate and rule on the application. Said period is twenty (20) days counted from receipt of the RESIT-SPP in those cases in which the member has supported their contributions based on obtaining the BdR 1992, 1996 or 2001.

2.2 To determine whether the applicant meets the requirements for disaffiliation, the following must be taken into consideration:

a) Their incorporation into the pension regime of D.L. No. 20530.

b) The accreditation of the periods of service to the State in accordance with the rules of the SPuP–D.L. No. 20530.

c) The accreditation of contributions to the SPP is carried out with the information contained in the RESIT-SPP sent by the AFP, validated or consented to by the member.

2.3 Once the evaluation has been carried out, the ONP is subject to the following procedure:

a) It sends a communication to the AFP attaching the RESIT- SPuP–D.L. No. 20530, which contains, as the case may be, the following information:

• Certification of compliance with the requirement of incorporation into DL No. 20530;

• Certification of compliance with the requirements that would allow them to obtain a pension in the SPuP–D.L. No. 20530;

• Years of service to the SPuP–D.L. No. 20530;

• Years of contribution to the SPuP–D.L. No. 20530 during the period in which the worker contributed
  to said system while affiliated with the SPP and that would be considered for the purposes of the respective compensation;

• Calculation of the pension amount that could correspond to them in the SPuP–D.L. No. 20530;

• Calculation of the debt for contribution differential between the SPP and the SPuP–D.L. No. 20530, for
  all accredited periods comprised during the permanence in the SPP, with the exception, if applicable, of those contributions that were canceled by error on the part of the employer to the SPuP–D.L. No. 20530 instead of the SPP and have not been returned to the employer. Said differential is determined without considering any type of surcharge, default, penalty or interest and will be definitive if the disaffiliation occurs; and,

• Scenarios of the monthly installment of the cancellation of the debt for the differential of
  contributions SPP - SPuP–D.L. No. 20530 that the member must pay, taking into account that no must exceed 10% of the estimated SPuP–D.L. N° 20530 pension or remuneration, as the case may be, in accordance with the provisions of article 7 of Law No. 28991. b) Keeps in its possession the file referred to in numeral 1.4 of this article.

2.4 The AFP, within a period no greater than five (5) days from receipt of the communication referred to in literal a) of numeral 2.3, sends to the member, as the case may be, under receipt, the RESIT SPuP–D.L. N° 20530.

2.5 In the event that in this document it is determined that the member does not meet the conditions to disaffiliate, the AFP must inform the SBS within the aforementioned period of the list of members who would be in said condition so that the denial resolution is issued.

2.6 The only administrative remedies that are admitted are those presented against the resolutions issued by the SBS as a consequence of the disaffiliation request.

3. Commitments of the member.

3.1 In accordance with the provisions of articles 5 and 6 of Law No. 28991 and article 4 of its Regulation, the balance of the CIC referred to in subsection iv of numeral 1.4 of article 5 of this regulation comprises the totality of the contributions made in the capacity of member of the SPP, so it is specified that, before signing the free disaffiliation request, the member must present the Sworn Declaration in which he declares to know and carry out the procedure provided by each AFP for the restitution of all the funds, in case he had withdrawn resources by effect of Laws No. 30425 and 30478 as well as by other provisions related to extraordinary and optional withdrawals of pension funds, in which case said restitution is expressed in quotas, at the quota value registered on the date. For this purpose, the AFP must previously coordinate with the member the conditions and form for him to make the restitution to the AFP of all the withdrawn funds.

Once the restitution of the funds has been made, the member presents to the AFP Sections I and II of the Disaffiliation Request Form, in which the following must be expressly stated: The member, once having received the RESIT SPuP–D.L. N° 20530 referred to in numeral 2.4, complying with the conditions that allow him to disaffiliate, presents to the AFP Section III - Sworn Declaration for Informed Free Disaffiliation of the Disaffiliation Request Form, in which the following must be expressly stated:

a) That he knows the scope of the irreversibility, of his pension situation and that he has taken knowledge of the terms of the calculation of the debt for the differential of pension contributions between the SPP and the SPuP–D.L. N° 20530; in accordance with numeral 2.3.1. b) That he has taken knowledge that the resources from his contributions, the profitability that may have been generated and, if applicable, the BdR 1992, 1996 or 2001, become part of the SPuP– D.L. N° 20530. c) That he has taken knowledge of the estimated or calculated annual pensions that would correspond to him in the SPP and the SPuP–D.L. N° 20530. d) That he undertakes to assume the payment of the differential of pension contributions between the SPP and the SPuP–D.L. N° 20530, being able to make said payment, according to the facilities established in
article 7 of Law No. 28991, to:
i.
The Administrative Entity of the SPuP–D.L. N° 20530 in which he works or worked, whose pensions are financed by Own Resources;
ii.
The ONP, if it corresponds to an Administrative Entity of the SPuP–D.L. N° 20530 whose pensions are financed by Public Treasury Resources in which he works or worked; or,
iii. The ONP, if he belongs to a privatized, liquidated, deactivated and/or
dissolved Public Entity; and transferred to it. e) That, having taken knowledge, as the case may be, of the provisions of Law No. 28991, its respective regulation and complementary provisions, and taking into consideration that he meets the conditions to disaffiliate, he has decided to proceed with the disaffiliation process in the SPP.

The process is concluded, in the event that the member presents his withdrawal to continue with the disaffiliation procedure in accordance with the provisions of Law No. 27444. The AFP must communicate said situation to the ONP on the third business day of the week following that in which the document was presented, so that this entity takes note of such circumstance. The foregoing does not entail, in any case, that the member cannot subsequently present a new disaffiliation request, at the opportunity he deems convenient.

When the member fails to present the sworn declaration referred to in this numeral within the maximum period of three (3) months of having been informed, by the AFP, of the RESIT-SPuP D.L. N° 20530, he incurs in abandonment of the procedure, an aspect that is notified to the ONP on the third business day of the week following the generation of said event. Said condition does not prevent the presentation of a new disaffiliation request in case the member so desires.

4. Proof of having complied with some of the disaffiliation assumptions. 3

4.1 The accreditation of compliance with any of the disaffiliation assumptions is made with the RESIT-SPP or RESIT- SPuP D.L. N° 20530, respectively.

4.2. Once the ONP issues the RESIT SPuP, it can be differentiated which contributions from the SPP must be transferred to the SPuP, as they correspond to D.L. N° 20530.

4.3. The contributions that correspond to private sector employers or that correspond to public entities for different service periods for which there was an obligation to contribute to the regime of the

[3] Numerals 4.2, 4.3 and 4.4 incorporated by SBS Resolution No. 2843-2022, published in the Official Gazette El Peruano on 19.09.2022.

Los Laureles No. 214 - Lima 27 - Peru Tel.: (511)6309000

Decreto Ley N° 20530, they continue under the administration of the AFP, so the affiliate's status remains active, for which purpose the pertinent provisions contained in Titles V and VII of the Compendium of Regulatory Superintendency Rules of the SPP are applicable.

4.4. If the affiliate continues making contributions to the SPP due to work in the private sector, they may process the return of their contributions generated after obtaining pensioner status in the SPuP-D.L. N° 20530, in accordance with the provisions of Circular N° AFP-125-2012.

5. Issuance of the Disaffiliation Resolution.

5.1 The AFP, once Section III referred to in numeral 3.1 has been signed, sends to the SBS, on the last day of each week and as a sworn statement, a report of eligible SPP disaffiliation requests referred to in Annex No. 3.

5.2 The SBS, once the documentation referred to in the previous numeral has been received, issues the corresponding SPP Disaffiliation Resolution, notifying it to the AFP. The issuance of this resolution and its respective notification must not exceed fifteen (15) days counted from the receipt of the information noted in numeral 5.1.

5.3 In this resolution the SBS states the cause that motivates the disaffiliation. Likewise, if the BdR has redeemed, it orders the return of the respective amount to the ONP plus the respective generated profitability, in accordance with the term provided by article 4 of the Regulations of Law No. 28991, counted from the date of notification of the resolution to the AFP.

5.4 The AFP, based on the provisions of the previous numeral, does the following:

a) Sends a copy of the Disaffiliation Resolution to the ONP within five (5) days of its notification, attaching a copy of Section III of the Disaffiliation Request Form - Sworn Statement - signed by the affiliate that generated the disaffiliation;

b) Communicates such situation to the affiliate, through some verifiable means that the latter has previously indicated, within five (5) days following receipt of the SPP Disaffiliation Resolution, in accordance with the provisions of Annex IX of Title V of the Compendium;

c) Orders, within a period no greater than thirty (30) days from the issuance of the SPP Disaffiliation Resolution, the remission of the BdR Title to the ONP - if it has been issued in paper form - for its corresponding cancellation by this entity;

d) Proceeds with the transfer of the CIC resources to the bank account number that the ONP will make available for such purpose, in accordance with the terms established in the second paragraph of article 4 of the Regulations, differentiating mandatory, voluntary contributions and profitability, as well as the periods and employers to which they correspond; and,

e) Proceeds with the return of voluntary contributions without pension purpose that the affiliate may have registered within a maximum period of fifteen (15) days from notification of the Disaffiliation Resolution. For this purpose, the AFP must previously notify the affiliate regarding the aforementioned return.

5.5 The ONP, regarding the CIC resources transferred by the AFPs, does the following:

a) Transfers the resources to the SPuP-D.L. Administrating Entity. N° 20530 whose pensions are financed by Own Resources in which the insured works or worked; likewise, it sends to the corresponding employing or former employing Entity the debt report for contribution differential and annexes so that it makes the respective discount or collection from the insured; or,

b) Transfers to the Ministry of Economy and Finance, if applicable to:

i.
SPuP–D.L. Administrating Entity N° 20530 whose pensions are financed by Public Treasury Resources in which they work or worked; or
ii.
Privatized, liquidated, deactivated and/or dissolved Public Entity, and transferred to the ONP.

5.6 From the month following the last accrual in the SPP indicated in the Disaffiliation Resolution, the affiliate begins their accrual in the SPuP–D.L. N° 20530, so from that month the employer must deposit the withholdings in favor of the SPuP–D.L. N° 20530. All payments made to the SPP by the employer for periods after the start date of accrual in the SPuP–D.L. N° 20530, constitute undue payments to the SPP and may be returned by the AFP at the request of the employer. The foregoing does not exempt the employer from its obligation to regularize payments to the SPuP–D.L. N° 20530.

5.7 For purposes of regularization of the contribution differential, the following must be considered:

5.7.1 Applicable payment modalities

a) The contribution differential to the SPuP–D.L. N° 20530, may be paid in installments, depending on whether the affiliate is a dependent or independent worker, in the form and conditions established in article 7 of Law No. 28991.

b) If there is debt for contribution differential, at the date of applying for unemployment pension to the SPuP–D.L. N° 20530, the total balance will be deducted from the accrued amounts, once the pension is granted in the SPuP–D.L. N° 20530, without prejudice to additional deductions for an amount of up to 10% of the monthly pension, in case the accrued amounts do not cover the balance of the contribution differential.

5.7.2 Responsibility to make the payment of contribution differential in case of variation of employment situation.

The responsibility to make the payment of the contribution differential is determined according to the employment situation of the affiliate, at the time the payment of the contribution differential corresponds and in accordance with the following paragraphs.

5.7.3 Payment of the contribution differential with withholding of remunerations

a) If the affiliate is working under a dependent relationship, and decides to make the payment of the contribution differential in installments, the employer must withhold and pay under its responsibility the monthly amount of the installment quotas. The amount of these installments shall be equivalent to 10% of the worker's current remuneration, and may be a lower percentage in the case of the last installment.

b) In cases where ESSALUD pays the subsidies directly, the insured persons themselves shall be responsible for making the payment of the differential under the same conditions as self-employed workers.

c) In cases where it corresponds to the employer to pay the subsidies directly, the employer shall be responsible for making the payment of the contributions.

d) In any case, it is the responsibility of the insured person to inform the State Institution that administers the SPuP-D.L. No. 20530 in which he/she works, or the ONP, if it corresponds to State Institutions that are liquidated and transferred to the latter, regarding any eventual changes that occur in his/her employment situation and that may affect the payment of the differential.

5.7.4 Payment of the contribution differential by insured persons without an employment relationship of dependency may be

paid in installments, under the conditions and terms established for such purpose by the State Institutions that administer the SPuP-D.L. No. 20530, or the ONP, if it corresponds to State Institutions that are liquidated and transferred to the latter.

Los Laureles No. 214 - Lima 27 - Peru Tel.: (511)6309000

5.7.5 Payment of the contribution differential by pensioners who opt for installment payment:

a) The ONP or the Administrating Entity of the SPuP–D.L. No. 20530 that corresponds, shall deduct the contribution differential from the amount of the accrued amounts, upon issuing the retirement pension resolution.

b) If after making this deduction, there is an outstanding balance for the contribution differential, it is paid off with a monthly deduction of up to 10% of the pension. Said deduction is made by:

i. The Administrating Entity of D.L. No. 20530 whose pensions are financed by Public Treasury Resources or with Own Resources of the entity in which he/she worked; or

ii. The ONP, if it belongs to a privatized, liquidated, deactivated and/or dissolved Public Entity, and transferred to the same.

6. Administrative Appeals.

6.1 The affiliate, against the resolution issued by the SBS issued on the basis of the information provided by the ONP and AFP, may file the corresponding administrative appeals, within the framework of the Single Ordered Text of Law No. 27444 General Administrative Procedure Law No. 27444. To do so, he/she presents said appeal before the AFP, which in turn forwards it within a period no greater than five (5) days, counted from its receipt, to the SBS so that the latter evaluates whether the administrative appeal is within the period established in the aforementioned Law No. 27444; if so, and it refers to the RESIT- SPuP–D.L. No. 20530, requests a report from the ONP, so that the latter, within a period of twenty-five (25) business days counted from the request for information by the SBS, issues the corresponding report.

6.1.1 Once the pronouncement has been issued by the ONP, said report is forwarded to the SBS, which in turn issues a resolution resolving the administrative appeal, whether it be reconsideration or appeal. Said resolution is delivered to the AFP, which within a term no greater than five (5) days of receipt, delivers it to the affiliate, thereby exhausting the administrative route in the case that the resolution is the one that resolves the appeal.

6.1.2 The foregoing does not prevent the affiliate from initiating a new disaffiliation procedure if he/she considers that he/she meets the requirements established by the regulations for such purpose.

6.2 In accordance with the provisions of article 1 of the Regulation of Law No. 28991, the Resolution authorizing disaffiliation does not generate an automatic retirement pension in the SPuP- D.L. 20530, since the affiliate must carry out his/her procedure before the State Institutions that administer the regime of D.L. No. 20530, or the ONP, if it corresponds to State Institutions that are liquidated and/or transferred to the latter.

6.3 Once the disaffiliation has occurred and at the time the pension procedure is carried out, the interested party may request the review of the years of service rendered to the State in the SPuP–D.L. No. 20530.

Article 6.- Contributions withheld and not paid within the SPP.

The AFPs are responsible for initiating the corresponding collection actions and continuing them until their conclusion, with respect to those contribution periods that are unpaid within the SPP. The amounts recovered by the AFP must be transferred to the bank account number that the ONP designates for such purpose. The ONP, with the amounts informed, does the following:

a) Transfers them to the Administrating Entity of the SPuP–D.L. No. 20530 whose pensions are financed by Own Resources of the entity in which he/she works or worked; or,

b) Transfers them to the Ministry of Economy and Finance, if it corresponds to:
b.1 Administrating Entity of the SPuP–D.L. No. 20530 in which he/she works or worked, whose pensions are financed by Public Treasury Resources; or, b.2 Privatized, liquidated, deactivated and/or dissolved Public Entity, and transferred to the ONP.

Article 7.- Public service channels.

The AFPs may accept for processing the disaffiliation requests submitted by affiliates at all their public service agencies and/or at other in-person establishments or virtual channels, nationwide.

The AFPs inform affiliates of the channels enabled for the presentation and submission of the documentation required at each stage of the process.

In the event that, individually or through the Association that groups them, other public service establishments are established, the AFP remains responsible before the SBS regarding compliance with the obligations and deadlines established in this Operating Regulation, in which case, the references contained in this document must be understood as made to the aforementioned establishments.

Article 8.- Systematization of the disaffiliation procedure.

The AFPs may enable the means for registration and exchange of reliable information among the entities participating in the process, which are necessary in order to optimize the sending and receiving of relevant information linked to the disaffiliation procedure, being responsible for guaranteeing, in addition to the operability of said tool, the security and confidentiality of the information provided through said means.

If for any circumstance, the tools that had been developed for the purpose of supporting the disaffiliation process are not operational, the AFPs must implement contingency procedures in order to maintain the continuity of the procedures, in accordance with the deadlines and conditions established in this norm.

Article 9.- Incompatibility of procedures within the SPP.

The procedures of transfer, fund change, relocation, nullity, multiple affiliation, transfers of funds abroad or others that the SBS establishes and that could entail the movement of the CIC, are rendered ineffective with the mere presentation of Section II of the Disaffiliation Request. The AFP must record said restrictions at the time the affiliate receives guidance regarding the disaffiliation process. Likewise, with respect to the BdR 1992, 1996 or 2001 procedure, no new procedures may be initiated while the Disaffiliation Request is under evaluation.

ANNEX No. 1

INFORMED DISAFFILIATION REQUEST (Reverse Section I)

REQUIREMENTS FOR DISAFFILIATION

Those affiliated with an AFP who are in one of the following cases may request disaffiliation from the SPP for having the right to a pension in the SPuP–D.L. No. 20530, before it was definitively closed:

1. That they are incorporated into Decreto Ley No. 20530.

2. That as of 17 November 2004 they had:

a) If male, at least 15 years of service to the State.

b) If female, at least 12.5 years of service to the State.

DOCUMENTS THAT MUST BE ATTACHED TO THE DISAFFILIATION REQUEST

The information contained herein is for reference. The ONP establishes, by general provision, the type of documentation and its conditions, which serve to support this disaffiliation procedure.

1. Valid Identity Document.

2. Sworn Statement stating the information of your potential beneficiaries.

3. Resolution of incorporation into Decreto Ley No. 20530.

4. Contract resolutions.

5. Appointment and termination resolution.

6. Situational report issued by the public entity where you work or worked.

7. Certificate of Salary and Deductions.

POTENTIAL BENEFICIARIES

Both the SPP and the SPuP–D.L. No. 20530 have different criteria regarding potential beneficiaries, such that both those considered in the SPP and those who, while not being recognized in the SPP, could be recognized by the SPuP–D.L. must be declared. No. 20530, in accordance with the following:

1. Beneficiaries for the SPP

a) The spouse or cohabitant in accordance with the provisions of Article 326 of the Civil Code;

b) Children under eighteen (18) years of age and over eighteen (18) years of age who continue uninterruptedly and satisfactorily in basic or higher level education studies, within the regular academic period, which do not include postgraduate studies, second professions or technical careers, and in accordance with the procedure and conditions that the Superintendency establishes on the matter. Likewise, children over eighteen (18) years of age who are totally and permanently incapacitated for work, in accordance with the opinion of the competent medical committee, as provided in Chapter IV of Title VII of the Compendium of Regulatory Norms of the SPP;

c) The father and/or mother of the affiliated worker provided they meet any of the following requirements:

    i. That they are totally or partially disabled, in the judgment of the competent medical committee, in accordance with the provisions of Chapter IV of the aforementioned Title VII; or

    ii. That the father is sixty (60) or more years old and the mother is fifty-five (55) or more years old, and that they have been economically dependent on the deceased, in accordance with the requirements established for this purpose by the Superintendency

2. Beneficiaries for the SPuP–D.L. No. 20530

a) Spouse (in the case of males, the right is recognized if at the time of death of the deceased, they meet any of the following requirements: they are incapacitated to support themselves, lack affected income or income exceeding the amount of the pension and are not covered by a social security regime);

b) Children under 18 years of age always have the right to the pension, while those over that age only have the right if they continue basic or higher level studies or are incapacitated for work); and,

c) Ascendants (it is appropriate to recognize the right if at the time of death of the deceased, they prove to have been economically dependent on the deceased and lack affected income or income exceeding the amount of the pension, provided there are no beneficiaries of widowhood and orphanhood pension).”

Article Second. - Replace article 3 and subsection 1.1 of
article 5, as well as replace numeral v of subsection 1.2 of article 5 and the first two paragraphs of
article 7 of Resolución SBS No. 1041-2007, which approved the Operational Regulation for free
informed disaffiliation and the special early retirement regime of the Private Pension System, referred to in Ley No. 28991 and Decreto Supremo No. 063-2007-EF, with the following text:

“Article 3.- Information to be provided for disaffiliation.

The AFP must provide adequate guidance to the affiliate so that they initiate the disaffiliation procedure from the SPP. To do so, it must inform them, at a minimum, of the following:

i) Channels enabled to obtain the documents that must be attached to the disaffiliation request;

ii) Conditions for determining the amount of the estimated or calculated pension in the SPuP and the SPP, as applicable;

iii) Amount owed for the contribution differential;

iv) Proof of having met the requirements of years of contribution to have a pension in the respective pension regime;

v) Effects of disaffiliation, including its irreversibility and the advisability or not of disaffiliation.

vi) Effects and consequences of the abandonment figure that applies, for not expressing a decision, whether confirming or claiming, on the RESIT SPP, within the term of three (3) months, following its delivery by the AFP.”

(…)

Article 5.- Procedure for informed disaffiliation from the SPP

Numeral 1.1: Application for disaffiliation from the SPP and compliance with requirements

1.1. The disaffiliation process may be in person or remote, so that the member may submit their application and the documentation required for the procedure. The disaffiliation application may also be submitted by the beneficiaries of the deceased member, after accreditation as such, in accordance with the rules of the SPP. For this purpose, the representative of the beneficiaries who carries out the aforementioned procedure must submit a Sworn Statement confirming their status as representative of the family group.”

1.2. “(…)

v. Sworn Statement of having received guidance and having been informed regarding the conditions, requirements and effects of accessing disaffiliation.”

“(…)

“Article 7.- Public service channels. Administrative infraction.

The AFPs may choose to accept for processing the disaffiliation applications submitted by members at all their public service agencies and/or at other in-person establishments or virtual channels nationwide.

The AFP informs the members during the guidance carried out at the beginning of the disaffiliation process of the channels enabled for the submission of the information and documentation required at each stage of the process, as well as those enabled for the AFP to send information to the member.

(…)”.

Article Three. - Replace subsections 1.1 and 1.2 of article 4
of SBS Resolution No. 11718-2008, which approved the Operating Regulations that provide the administrative procedure for disaffiliation from the SPP on the grounds of lack of information, issued by the Constitutional Court according to judgments in Files No. 1776-2004-AA/TC and No. 07281-2006- PA/TC, with the following text:

“(…)

Article 4.- Procedure for disaffiliation from the SPP on the grounds of lack of information

Numeral 1: Application for disaffiliation from the SPP

1.1. The disaffiliation process may be in person or remote, so that the member may submit their application and the documentation required for the procedure. The disaffiliation application may also be submitted by the beneficiaries of the deceased member, after accreditation as such, in accordance with the rules of the SPP. For this purpose, the representative of the beneficiaries who carries out the aforementioned procedure must submit a Sworn Statement confirming their status as representative of the family group.

1.2. “(…) vi. Sworn Statement of having received guidance and having been informed regarding the conditions, requirements and effects of accessing disaffiliation. Likewise, the mere submission of Section II of the corresponding application involves rendering ineffective the transfer, fund change, relocation, nullity, multiple affiliation, transfers of funds abroad or others that entail movement of the CIC, as established by the SBS, as well as that it will not be possible to initiate a BdR process while the disaffiliation application is under evaluation, that is, from the submission of the aforementioned Section II. In addition to this, declare knowledge of the effects and consequences of the abandonment figure that applies, for not expressing a decision, whether confirming or claiming, on the RESIT SPP, within the term of three (3) months, following its delivery by the AFP.;”

Article Four. - This resolution enters into force thirty (30) calendar days, counted from the day following its publication in the Official Gazette El Peruano.

Register, communicate and publish.

MARIA DEL SOCORRO HEYSEN ZEGARRA
Superintendent of Banking, Insurance and AFP