Resolution SBS No. 0565-2006: Amends Article 51 of Title V of the SPP Norms Compendium

Lima, May 10, 2006 S.B.S. Resolution No. 565-2006

The Superintendent of Banks, Insurance and Private Pension Fund Administrators

CONSIDERING:

That, in Title V of the Compendium of Regulatory Supervision Norms of the Private System of Administration of Pension Funds (SPP), approved by Resolution No. 080-98-EF/SAFP, regulations regarding the processes of Affiliation and Contributions are established, in whose Subchapter VII of Chapter I the regulations for the nullity of affiliation are established for those workers who had incorporated into the SPP;

That, Article 51 of the aforementioned title establishes the grounds for nullity and voidability that can be invoked by workers affiliated with an AFP;

That, the grounds described in letter a) of the aforementioned article, having been proven, according to the established procedure, that the worker's signature is forged; the one referred to in letter b), for affiliation due to the employer's responsibility, when the regulations governing this form of affiliation have not been complied with; and the one referred to in letter c), upon proving the non-existence of the affiliate; contemplate prescription periods for the submission of the respective requests for nullity of affiliation, associated with what is established in numeral 1 of Article 2001 of the Civil Code;

That, based on the evaluations carried out and taking into account the principles contained in the aforementioned code, it is necessary to establish modifications regarding the recognition of the start date for the computation of the periods for the prescription in the submission of requests for nullity of affiliation, in order to duly safeguard the pension rights of those workers who, for reasons beyond their will, were incorporated into the SPP improperly, without complying with the procedures indicated in the regulations on the matter;

Being in accordance with the opinion of the Adjunct Superintendencies of Private Pension Fund Administrators and of Legal Advice; and,

In exercise of the powers conferred by numeral 9 of Article 349 of the General Law of the Financial System and the Insurance System and Organic Law of the Superintendency of Banks and Securities, Law No. 26702 and its amendments, and letter d) of Article 57 of the Single Text of the Law of the Private System of Administration of Pension Funds, approved by Supreme Decree No. 054-97-EF;

RESOLVES:

Article First.- Substitute the last paragraph of Article 51 of Title V of the Compendium of Regulatory Supervision Norms of the Private System of Administration of Pension Funds, approved by Resolution No. 080-98-EF/SAFP and its amendments, corresponding to Affiliation and Contributions, with the following text:

“The period for the submission of the request for nullity of affiliation for the grounds indicated in letters a), b) and c) shall be subject to what is established in numeral 1 of Article 2001 and Article 1993 of the Civil Code and to the complementary provisions issued by the Superintendency of Banks, Insurance and Private Pension Fund Administrators.

In the case of the grounds indicated in letters a) and b) the period is ten years, which shall be computed from the date on which the affiliate became aware of their affiliation with the SPP. If there were no documentation supporting such date, the date of delivery of the CUSPP will be taken as a reference. As for ground c) the period starts to be counted from the moment the AFP becomes aware of the non-existence of the affiliate.

In the case of letter f), the period for the submission of the request for nullity of affiliation shall be subject to what is established in numeral 4 of Article 2001 of the Civil Code, the period being counted from the date on which the affiliate presents the request for evaluation and qualification of invalidity before the AFP.”

Article Second.- This resolution shall enter into force from the day following its publication in the Official Newspaper “El Peruano”.

Register, communicate and publish.

JUAN JOSÉ MARTHANS LEÓN Superintendent of Banks, Insurance and Private Pension Fund Administrators