Lima, 1 December 2008

S.B.S. Resolution No. 11718 -2008 The Superintendent of Banking, Insurance and Private Administrators of Pension Funds

WHEREAS:

That, by judgments of the Constitutional Court of 26 January 2007, issued in File No. 1776-2004-AA/TC and of 30 April 2007, issued in File No. 07281-2006-PA/TC, provisions related to the partial return of members of the Private Pension Fund Administration System (SPP) to the National Pension System (SNP) have been established;

That, for such purpose, the Constitutional Court has established the following three (3) grounds for disaffiliation from the SPP: a) it is verified that the worker, at the time of his incorporation into the SPP, met the requirements of age and years of contributions to access a pension in the SNP; b) the case of lack of information, which would be reflected in the fact that the worker did not have truthful and adequate information regarding the benefits of the SPP from the AFP and/or promoter at the time of his incorporation into the SPP, a situation that is associated with the verification of objective conditions that validate the lack of information translated into a detriment to his pension situation, based on the information provided to the member regarding the pensions he could obtain in both systems; c) the case of workers whose working conditions involve a risk to life and health, which is associated with the situation of workers who have performed heavy work and are exposed to occupational diseases;

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, whose regulations, approved by Supreme Decree No. 063-2007-EF, and operating regulations, approved by SBS Resolution No. 1041-2007, have established the corresponding requirements and operating procedures;

That, for such purpose, as indicated in the judgment of File No. 07281-2006-PA/TC of the Constitutional Court, the regulation corresponding to the first and third grounds for disaffiliation from the SPP cited above have been included in articles 2 and the first transitional and final provision of the aforementioned law, respectively, with the regulation of the ground for disaffiliation relating to lack of information remaining pending;

That, the lack of information at the time of joining an AFP by a worker must necessarily entail the existence of a detriment to his pension situation as a basis that allows determining that a ground for disaffiliation from the SPP has been incurred;

That, likewise, said detriment to his pension situation must be analyzed based on compliance with the requirements of years of contributions required to be entitled to a pension in the SNP, so that the member is duly protected in terms of being able to access a pension in scenarios of transfer between the SPP and the SNP and there is no possibility that, lacking contributions and having already transferred, he is finally left without the right to a pension;

That, for such purpose, it is necessary to take into consideration the provisions of the Constitutional Court in paragraph 33 of the Grounds of the judgment in File No. 07281-2006-PA/TC, in the sense of establishing the administrative procedure for said purpose, in such a way that the member makes the decision based on the relevant information that, for these cases, considers the estimated pension amount between the SNP and the SPP, the amount owed for the contribution differential and the evidence of having met the requirements of years of contributions necessary to have a pension in the respective pension regime;

That, likewise, it is necessary to establish the respective typification that allows effective supervision and that promotes compliance with the provisions established, both in the Operating Regulations for Free Informed Disaffiliation and Special Early Retirement Regime of the SPP, approved by SBS Resolution No. 1041-2007 and in the operating regulations subject of this resolution;

In accordance with the opinion of the Deputy Superintendencies of Private Pension Fund Administrators and of Legal Advice, as well as with what was indicated by the ONP regarding matters within its competence; 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 Law of the Superintendency of Banking and Insurance, Law No. 26702 and its amendments, and subsection d) of article 57 of the Single Ordered Text of the Law of the Private Pension Fund Administration System, approved by Supreme Decree No. 054-97-EF;

RESOLVES:

Article One.- To approve the Operating Regulations that provides the administrative procedure for disaffiliation from the SPP for having generated a detriment to the pension situation of the member due to lack of information at the time of his incorporation into the SPP, to which the ground provided by the Constitutional Court refers according to judgments of 26 January 2007, issued in File No. 1776-2004-AA/TC and of 30 April 2007, issued in File No. 07281-2006-PA/TC, and whose text is composed of six (6) articles, four (4) final provisions and two (2) annexes (Annex No. 1 consisting of section I front and back, section II and section III; and Annex No. 2), and which are attached to this resolution.

Article Second.- With respect to those affiliates who have Constitutional Court judgments declaring the constitutional claim for amparo founded due to violation of the right to free access to pension benefits or a final judicial resolution ordering the initiation of the disaffiliation process, the AFP must identify the notified cases, in order to initiate the administrative procedure to carry out the disaffiliation process from the SPP based on the provisions of this Operating Regulation, with the exception of what is established in the first final provision.

In all other cases, which includes those affiliates who, without having initiated any judicial process, allege lack of information, the affiliates must request their disaffiliation from the SPP subject to the administrative procedure set forth in this Operating Regulation.

Article Third.- This resolution shall enter into force on the day following its publication in the Official Gazette El Peruano.

Register, communicate and publish.

FELIPE TAM FOX
Superintendent of Banking, Insurance and
Private Administrators of Pension Funds

OPERATING REGULATION THAT ESTABLISHES THE ADMINISTRATIVE PROCEDURE FOR DISAFFILIATION FROM THE SPP ON THE GROUNDS OF LACK OF INFORMATION, ORDERED BY THE CONSTITUTIONAL COURT ACCORDING TO JUDGMENTS IN CASES N° 1776-2004-AA/TC AND Nº 07281-2006-PA/TC

TITLE I GENERAL PROVISIONS

Article 1.- Scope.

This operating regulation establishes the applicable procedures regarding the treatment of disaffiliation from the SPP for those applications submitted under the provisions of the Constitutional Court, as established by the judgments in cases Nº 1776-2004-AA/TC and 07281-2006-PA/TC and which refer to the ground of lack of information at the time of incorporation into the SPP, by affiliating to an AFP.

For such purposes, the harm caused to the affiliate's pension situation, former insured of the SNP, due to the lack of information at the time of incorporation into the SPP shall be accredited provided that, as of the date of submission of the disaffiliation request, they have met the years of contribution required to be entitled to a pension in the pension regime of the SNP. The affiliate shall make a decision based on relevant information, such as the estimated pension amount in the SNP and in the SPP, the amount owed for the contribution differential, the certificates of having met the requirements of years of contribution to have a pension in the respective pension regime, among other aspects, that provide certainty of having a higher pension amount in the SNP or the certainty of having better protection of their pension rights by belonging to the SNP, as applicable.

This regulation does not apply to pensioner affiliates of the SPP, to whom the provisions of the first final provision of this regulation shall apply.

Article 2.- Definitions.

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

• AFP: Private Administrators of Pension Funds;

• Affiliates: those workers who, due to their incorporation into the SPP, affiliated with an AFP;

• BdR: Recognition Bonds;

• CIAD: Information and Assistance Center for Disaffiliation from the SPP;

• CIC: Individual Capitalization Account;

• CUSPP: Unique Identification Code of the affiliate in the SPP;

• Disaffiliation from the SPP: situation whereby an affiliate of an AFP leaves the SPP, transferring to the SNP;

• Days: calendar days, unless expressly indicated otherwise;

• Incorporation into the SPP: entry of a worker into the scope of the SPP, based on the signing of an affiliation contract with an AFP;

• ONP: Office of Pension Normalization;

• RESIT-SPP: Report of Situation in the SPP;

• RESIT-SNP: Report of Situation in the SNP;

• SBS: Superintendency of Banking, Insurance and Private Administrators of Pension Funds;

• SNP: National Pension System; and,

• SPP: Private System of Pension Fund Administration.

TITLE II DISAFFILIATION FROM THE PRIVATE PENSION SYSTEM (SPP) AND RETURN TO THE NATIONAL PENSION SYSTEM (SNP)

Article 3.- Information on estimated or calculated pension in the SPP for disaffiliation

For the purposes of complying with the provisions of the Constitutional Court, regarding the ground that refers to the lack of information at the time of incorporation into the SPP, the AFP shall follow the pension estimation procedure established by Circular N° AFP-086-2007.

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

Number 1: Request for disaffiliation from the SPP 1

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

1.2 The affiliate may approach the AFP or CIAD agency in order to obtain information regarding the conditions of the disaffiliation process.

Process without judgment and without documentation: In the event that the affiliate does not have a Constitutional Court judgment or a final judicial resolution ordering the initiation of the disaffiliation process, they shall sign Section I of the Disaffiliation Request Form which, as Annex Nº 1, forms an integral part of this operating regulation, which shall contain at least the following information:

i. Names and surnames of the affiliate;

ii. Type and Nº of identity document;

iii. Date of birth;

iv. Place of residence and telephone;

v. Preliminary information on years of contribution to the SNP (expressed in months);

vi. Before signing the free disaffiliation request, the member must submit a Sworn Statement declaring that they know and carry out the procedure provided by each AFP for the restitution of all funds, in the event that they have withdrawn resources as a result of Laws No. 30425 and No. 30478 as well as other regulatory provisions related to extraordinary and optional withdrawals from pension funds, in which case said restitution is expressed in quotas, at the quota value recorded on the date. For this purpose, the AFP must previously coordinate with the member the conditions and manner to carry out the restitution of the funds. Likewise, the mere submission of Section II of the corresponding request entails rendering ineffective the transfer, fund change, relocation, nullity, multi-affiliation, transfers of funds abroad or others that involve movement of the CIC, as established by the SBS, as well as that it will not be possible

[1] Items 1.1 and heading vi. of item 1.2 replaced by SBS Resolution No. 2906-2021, published on 01.10.2021.

to initiate a BdR procedure while the disaffiliation request is under evaluation, that is, as of the submission of the aforementioned Section II.. 2

vii. Signature and/or digital fingerprint;

viii. Data of the AFP representative; and,

ix. Place and date of signing.

1.3 Procedure without judgment and with documentation: In those cases of members who do not have any of the judgments referred to in the following paragraph, and have documentation that allows an evaluation regarding the possibility of disaffiliating from the SPP, they shall approach the AFP or CIAD agency and sign both Section I and II of the Disaffiliation Request Form, identified as Annex No. 1, indicating the ground of having suffered a detriment in their pension situation due to lack of information at the time of their incorporation into the SPP. The AFP is obligated to receive said request and process it accordingly, under responsibility, provided that the corresponding supporting documentation is attached, based on the documents indicated in the aforementioned form.

Procedure with judgment: In the cases of those members who obtain judgments from the Constitutional Court or a final judicial resolution ordering the initiation of the disaffiliation procedure, the AFP shall initiate the disaffiliation procedure, being obligated to contact the members so that they obtain the information that supports the accreditation of the beneficiaries, as referred to in section II of Annex No. 1. Likewise, in the event that the Recognition Bonus procedure has not been carried out, the member must provide the information corresponding to subsection I.4 of section I of the aforementioned annex.

1.4 The AFP, within a period no greater than twenty (20) days from receipt of Section II of the request, must carry out the following activities:

i) 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 delivered by the member, in accordance with the provisions of items 1.2 or 1.3, as applicable. The delivery of the files must be made in the presence of a representative of the AFP and one of the ONP, so that both validate the documentation and formulate the corresponding delivery receipt;

ii) Issue the SPP Situation Report (RESIT-SPP), which shall contain the following information:

ii.1 Years of contribution (counted in months) made to the SPP, as well as the Recognition Bonus Request Number that the member has processed;

ii.2 Employment status (active as a dependent worker, or making contributions as an independent worker), reporting the last insurable remuneration recorded of the member in case they perform work as a dependent;

ii.3 The amount of the estimated or calculated pension in the SPP, which 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 shall be determined considering the estimated value, under the conditions established by the ONP. In said assumption, the AFP must include the following message: "Dear member, the SPP Pension that has been

[2] Heading modified by SBS Resolution No. 3693-2019 published 16-08-2019. Subsection vi of item 1.2, subsequently modified by SBS Resolution No. 2843-2022, published on 19-09-2022.

estimated, considers the estimated value of BdR, 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 the value";

ii.4 Information on contributions accrued within the SPP, which must consider at least the following:

• AFP

• General data of the member:

  • Surnames and names

  • Current address

  • Type of identity document

  • Identity document No.

  • Date of affiliation to the SPP

  • First month of accrual to the SPP

• General data of the employers

  • Name, denomination or business name

  • RUC No.

  • Accrual start date (first contribution)

  • Date of last contribution

• Contribution data by accrued period:

  • Insurable (taxable) remuneration

  • Accrual month

  • Contribution status (dependent or independent)

  • Contribution state (Accredited, in administrative collection or judicial collection, insolvency proceeding, installment, paid to the SNP improperly, etc.)

• CIC balance:

  • Mandatory Contribution to the Fund (includes interest)

  • Voluntary contribution with pension purpose (includes interest)

  • Profitability

With respect to 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 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. In such circumstance, the AFP to which the member is affiliated must collect the contribution information that may have been recorded in other AFPs as a result of transfer processes.

The AFP must provide the member with a written report of the RESIT-SPP, within the period provided in this numeral. In that sense, if the member does not agree with the RESIT-SPP, they may request its review, attaching for that purpose the evidence supporting their request, within a period no greater than fifteen (15) days counted from receipt of said information. In such circumstance, the AFP must notify the ONP on the third business day of the week following the filing of the claim regarding the aforementioned fact, and shall have a maximum period of ten (10) days from receipt of the review request 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 history, 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 shall apply in those cases in which members file a claim.

Likewise, when the member fails to state their decision regarding 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 4 of this regulation. This condition does not prevent the submission of a new disaffiliation application if the member so wishes. 3

1.5 The AFP shall send the RESIT-SPP to the ONP, within five (5) days of receipt of the member's conformity with said report or of the 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 the differential of contributions and the estimated pension value in the SNP may be determined.

Numeral 2: On the determination of years of contribution to the SNP and estimated pension amount

2.1 The ONP, once it has received the file referred to in literal i) of numeral 1.4, shall proceed to carry out the verification tasks related to the contributions made by the member within the SNP. Likewise, said entity shall have a maximum period of thirty (30) days counted from receipt of the RESIT-SPP, delivered by the AFP or CIAD agency, in order to evaluate and rule on the application, taking into account what is described in numeral 2.3.1 below. Said period shall be 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 Recognition Bonus.

2.2 To determine the years of contribution to the SNP, the ONP shall take into consideration the following:

a) The periods in which there was effective contribution in the SNP shall be accredited, as from the accrual period April 2007.

b) For periods prior to the month of April 2007, and only for the purposes of the disaffiliation procedure, that had not been recognized in the confirmed BdR or BdR Title, the accreditation of contributions made to the SNP shall be carried out through the verification of withholdings and the analysis of additional evidence submitted by the applicant.

c) The accreditation of contributions to the SPP shall be 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 shall follow the following procedure:

2.3.1 Actions to be taken by the ONP:

a) It sends a communication to the AFP attaching the RESIT-SNP, which shall contain, as the case may be, the following information:

• Certification of the years of contribution between the SPP and/or the SNP necessary to access a pension in the SNP, based on the provisions of Annex No. 2 of the Operating Regulations for free informed disaffiliation, approved by SBS Resolution No. 1041-2007;

• Years of contribution to the SNP during the period in which the worker contributed to said system while affiliated with the SPP and that would be considered for the respective compensation; Only the following shall be subject to compensation:

[3] Paragraph incorporated by SBS Resolution No. 3693-2019 published 16-08-2019.

• those contributions paid to the SNP up to before the entry into force of this operating regulation; 4

• Pensión SNP estimada;

• Calculation of the debt for the contribution differential between the SPP and the SNP to be paid to the ONP, for all accredited periods comprised during the permanence in the SPP, with the exception –if applicable– of those contributions that were erroneously paid by the employer to the SNP instead of the SPP and have not been returned to the employer. Said differential is determined without considering any type of surcharge, default interest, penalty or interest and shall be final in the event the disaffiliation occurs;

• Scenarios of the monthly installment of the cancellation of the debt for the SPP – SNP contribution differential that the member should pay, taking into account that it must not exceed 10% of the estimated SNP pension or remuneration, as the case may be, in accordance with the provisions of Article 7 of Law No. 28991.

b) It 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 subsection a) of numeral 2.3.1, shall deliver or send to the member, as the case may be, under receipt, the RESIT-SNP.

2.5 In the event that, based on said document, on the basis of the contribution periods made between the SNP and/or the SPP, those necessary to access a pension in the SNP are not accumulated, the AFP must inform the SBS within the aforementioned period of the list of members who would be in said condition so that the corresponding denial resolution may be issued. Said list must be accompanied by the corresponding RESIT-SNP and RESIT-SPP.

2.6 The only administrative appeals that will be admitted are those filed against the resolutions issued by the SBS as a consequence of this procedure.

Numeral 3: Commitments of the member

3.1 The member, once having received the RESIT-SNP referred to in numeral 2.4, which determines that the member has the contribution periods between the SNP and/or the SPP necessary to access a pension in the SNP, may approach the AFP or CIAD agency, to sign and deliver to the AFP Section III - Sworn Statement for disaffiliation on the ground of “Lack or insufficiency of information ordered by the Constitutional Court” of the Disaffiliation Request Form, which must expressly state the following:

a) That he/she is aware of the scope of the irreversibility of his/her pension situation as a consequence of a possible return to the SNP, and that he/she has become aware of the terms of the calculation of the debt to the ONP for the differential of pension contributions between the SPP and the SNP, in accordance with numeral 2.3.1;

b) That he/she has become aware that the resources from his/her contributions, the profitability it may have generated and, if applicable, the BdR, become part of the SNP, as it is a pay-as-you-go system;

[4] By Resolution SBS N° 3693-2019, published 16-08-2019, it was ordered to leave without effect the deadline for the compensation of undue contributions made to the National Pension System.

c) That he/she has become aware of the estimated pensions that would correspond to him/her in the SPP and the SNP, taking into account that, in the case of the SNP, access to the pension occurs once he/she meets the age and years of contribution requirements demanded by said system;

d) That he/she undertakes to assume the payment of the differential of pension contributions between the SPP and the SNP, and may make said payment according to the facilities established in article 7 of Law No. 28991 and in accordance with the schedule provided by the ONP; and,

e) That, having become aware that a detriment in his/her pension situation has been determined due to the ground of lack of information, he/she has decided to proceed with the disaffiliation procedure in the SPP.

In all cases, the resolution authorizing disaffiliation from the SPP does not generate an automatic retirement pension in the SNP, and for this purpose the requirements demanded by the SNP must be accredited.

The procedure shall be concluded, in the event that the member indicates in writing his/her withdrawal from continuing with the disaffiliation procedure, in accordance with the provisions established by Law No. 27444. In such circumstances, the AFP must communicate said situation to the ONP on the third business day of the week following that in which the writing was submitted.

Likewise, when the member fails to submit the Sworn Statement referred to in this numeral within the maximum period of three (3) months from having been informed, by the AFP, of the RESIT-SNP, he/she shall incur in abandonment of the procedure, an aspect that will be notified to the ONP on the third business day of the week following the occurrence of said event.

Numeral 4: Certificate of accreditation of the disaffiliation assumption

4.1 The verification of the ground for disaffiliation due to lack or insufficiency of information shall only be carried out if the member has the contribution periods between the SNP and/or the SPP necessary to access a pension in the SNP, as provided by the ONP.

Numeral 5: Issuance of the Resolution of disaffiliation from the SPP

5.1 The AFP, once Section III referred to in numeral 3.1 has been signed, shall send to the SBS, on the last day of each week and as a Sworn Statement, a report in the form established in Annex No. 2 of the disaffiliation requests submitted on this ground, noting in the column corresponding to ground for disaffiliation the following text: “Lack of information – Ruling of the Constitutional Court”, or “Lack of information – Jurisprudence of the Constitutional Court”, as the case may be.

5.2 The SBS, once the documentation referred to in the previous numeral has been received, issues the corresponding Resolution of Disaffiliation from the SPP, notifying it to the AFP. The issuance of the 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 said resolution, the SBS shall record the ground for disaffiliation from the SPP due to lack of information. Likewise, in the event that the BdR has redeemed, it shall order the return of the respective amount to the ONP plus the respective generated profitability, within a period similar to that provided in the article of the Regulation 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, proceeds to carry out 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 member that generated the disaffiliation from the SPP due to lack of information;

b) Communicate such situation to the affiliate, within the five (5) days following the receipt of the SPP disaffiliation resolution, in accordance with the provisions of Annex IX of Title V of the Compendium, so that they inform their employer – if dependent – regarding their new pension situation;

c) Order, 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 annulment by this entity;

d) Proceed with the transfer of the CIC resources, in accordance with the conditions and terms established in Article 4 of the Regulation of Law No. 28991, differentiating mandatory contributions, voluntary contributions with pension purpose and returns, as well as the periods and employers to which they correspond;

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

5.5 From the month following the notification of the copy of the resolution to the employer by the ONP, the affiliate will begin their accrual in the SNP, so from that month it will be appropriate for them to deposit the withholdings in favor of the SNP. All payments made to the SPP by the employer for periods after the date of notification of the Disaffiliation Resolution 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 their obligation to regularize payments to the SNP.

5.6 It should be noted that, for the purposes of regularizing the contribution differential, the following must be considered:

5.6.1 Applicable payment modalities

a) The SNP contribution differential may be paid in installments, depending on whether the affiliate is a dependent or independent worker, in the form, term and conditions established in the complementary regulations issued for such purpose.

b) If there is debt for contribution differential, at the date of applying for a retirement pension from the SNP, the total balance will be deducted from the accrued amounts, once the pension is granted in the SNP, without prejudice to additional deductions of up to 10% of the monthly pension, in case the accrued amounts do not cover the balance of the contribution differential.

5.6.2 Responsibility for making the payment of the contribution differential in case of variation of employment situation

The responsibility for making the payment of the contribution differential will be 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.

5.6.3 Payment of the contribution differential with withholding of remunerations

a) If the affiliate who opts to return to the SNP 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 their responsibility the monthly amount of the installment quotas. The amount of these quotas will be equivalent to 10% of the worker's current remuneration, and may be a lower percentage in the case of the last quota. b) In cases where ESSALUD pays the subsidies directly, the insured themselves will be responsible for making the payment of the differential under the same conditions as independent workers.

c) In cases where the employer is responsible for paying the subsidies directly, they will be responsible for making the payment of the contributions.

In any case, it is the responsibility of the affiliate to inform the ONP regarding any eventual changes that occur in their employment situation and that may affect the payment of the differential, to the extent that regularization constitutes a requirement in order to access pension benefits in the SNP.

5.6.4 Payment of the contribution differential by affiliates without a dependent employment relationship

The payment of the contribution differential may be settled in installments, under the conditions and terms established for such purpose by the ONP.

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

a) The ONP will deduct the contribution differential from the amount of the accrued amounts, upon issuing the pension resolution.

b) If after making this deduction, there is a pending balance for contribution differential, it will be settled with a monthly deduction of up to ten percent (10%) of the pension.

Numeral 6: Administrative Appeals

6.1 The affiliate, against the resolution issued by the SBS based on the information provided by the ONP and AFP, may file the corresponding administrative appeals, within the framework of the General Administrative Procedure Law, approved by Law No. 27444. If deemed appropriate, they will submit said appeal to the AFP, which in turn will forward it within a period no greater than five (5) days, counted from its receipt, to the SBS so that it evaluates whether the administrative appeal is within the period established in Law No. 27444. If the appeal had been submitted within the period, according to the SBS's analysis, and it refers to the RESIT-SNP, it will request a report from the ONP, so that it, 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 will be transferred to the SBS, which in turn will issue a resolution resolving the administrative appeal, whether it be reconsideration or appeal. Said resolution shall be served on the AFP, which, within a term of no more than five (5) days from receipt, shall deliver it to the affiliate, thereby exhausting the administrative remedy in the event that the resolution is the one that resolves the appeal.

6.2 It should be noted that the resolution authorizing de-affiliation does not generate an automatic retirement pension in the SNP, since the affiliate must carry out the procedure before the ONP and prove the requirements demanded by the aforementioned pension system.

Numeral 7: Deadlines for non-in-person notification

The deadlines provided for in this article, linked to the obligation of the AFP to deliver a certain type of document to the affiliate, shall be extended by ten (10) days in those cases where - the procedure being in-person - the deadline for the affiliate to collect them has expired and they have not done so, and the AFP must send them by notification to the affiliate's address.

Article 5º.- 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 shall be transferred to the SNP in accordance with the provisions of the complementary rules established for such purpose by the ONP in coordination with its collection entity.

Article 6°.- Incompatibility of procedures within the SPP 5

Given the nature of the disaffiliation procedure due to lack of information, transfer, fund change, transfer, nullity, multi-affiliation, fund transfer abroad or other procedures established by the SBS that could involve the movement of the CIC shall be rendered ineffective upon the mere submission of Section II of the Disaffiliation Application. In such circumstances, the AFP shall record said restrictions at the time the affiliate approaches to receive guidance regarding the disaffiliation process. Likewise, with respect to the BdR procedure, no new procedures may be initiated while the SPP disaffiliation application is under evaluation.

The balance of the CIC referred to in subheading ii.4, as well as paragraph d) of item 5.4, comprises the entirety of the mandatory contributions made in the capacity of an affiliate to the SPP; therefore, it is specified that, in the event that the pension resources had been affected as a result of the availability of resources referred to in Laws No. 30425 and No. 30478, for a disaffiliation application from the SPP based on the ground of lack of information established by the Constitutional Tribunal to proceed, the entirety of the withdrawn funds must have been restored in the AFP, valued on the date based on the number of units that was subject to withdrawal. For this purpose, the AFP must previously coordinate with the member the conditions and manner for making the restitution of funds. 6

DISPOSICIONES FINALES

First.- Based on the provisions of the judgment of the Constitutional Court No. 1417-2005-PA/TC, the requests for disaffiliation filed by members who have the status of pensioners in the SPP must be brought in the corresponding judicial venue, and this must be communicated by the respective AFP to the members, in each case where applicable.

Second.- Incorporate numerals 53A, 53B, 53C, 53D and 53E of the Minor Infractions Section of Annex IV of the Sanctions Regulation approved by SBS Resolution No. 816-2005 of 03 June 2005, in the terms indicated below:

53A)	Failure to comply with the deadlines provided in the Operating Regulation for Free Informed Disaffiliation, and Special Early Retirement Regime of the SPP, approved by SBS Resolution No. 1041-2007 and the Operating Regulation that provides the administrative procedure for disaffiliation from the SPP on the ground of lack of information, established by the Constitutional Court according to judgments issued in files No. 1776-2004-AA/TC and No. 07281-2006-PA/TC.
53B)	Upon the submission of claims and/or complaints by the members, the AFP did not prove that it had provided them with the relevant information so that they could make the comparison between the SPP and the SNP.
53C)	Upon the submission of claims and/or complaints by the members, the AFP did not prove that it had implemented objective information or guidance mechanisms.

[5] Heading amended by Resolution 3693-2019 published 16-08-2019.

[6] Paragraph incorporated by Resolution 3693-2019 published 16-08-2019.

53D) Upon the submission of claims and/or complaints by the members or beneficiaries, harm to them is evidenced in relation to their pension, state guarantee or recognition bonuses, generated by the absence or insufficiency of the information provided by the AFP.

53E) It is verified that the AFP did not detect the forgery of the signature of the members and/or Sales Promoter and/or Certifying Officer in the affiliation contracts, transfer requests and/or any other document related to procedures to be carried out within the SPP. For this purpose, it shall be considered sanctionable when the contracts (or requests) with forged signatures identified in a period of six (6) months constitute a pattern of conduct

Third.- Incorporate numeral 176A of the Serious Infractions Section of Annex IV of the Sanctions Regulation approved by SBS Resolution No. 816-2005 of 03 June 2005 with the following text:

176A) Verify non-compliance with any of the obligations of the AFP established in the Operating Regulations for Free Informed Disaffiliation and Special Early Retirement Regime of the SPP, approved by SBS Resolution No. 1041-2007 and the Operating Regulations that provide the administrative procedure for disaffiliation from the SPP on the grounds of lack of information, as ordered by the Constitutional Court according to judgments in files No. 1776-2004-AA/TC and No. 07281-2006-PA/TC, as applicable, provided that it is a case different from that indicated in numeral 53A of the Minor Infractions section.

Fourth.- Circular No. AFP-093-2008 and other complementary operational provisions applicable to the Operating Regulations for Free Informed Disaffiliation and Special Early Retirement Regime of the SPP, approved by SBS Resolution No. 1041-2007, shall also be applicable to the one established in these regulations.

ANNEX No. 1 APPLICATION FOR DISAFFILIATION ON THE GROUNDS OF LACK OF INFORMATION AT THE TIME OF AFFILIATION TO THE SPP (Reverse Section I)

GROUNDS FOR DISAFFILIATION

As a result of the judgments issued by the Constitutional Court, those members of an AFP who consider that there was a lack of information in their affiliation to the AFP, which is evidenced by a detriment to their pension situation, based on the comparison of the estimated pensions in the SNP and the SPP, the amount owed for the contribution differential, the proof of having met the requirements of years of contributions to have a pension in the respective pension regime, among other aspects that provide certainty of having better protection of their pension rights by belonging to the SNP, may request disaffiliation from the SPP and return to the SNP.

DOCUMENTS THAT MUST BE ATTACHED TO THE DISAFFILIATION APPLICATION

Mr. member: The information indicated here must be submitted as established in Supreme Decree No. 063-2007-EF and under the conditions established by the ONP.

The documents are as follows:

1. Simple copy of identity document.

2. Sworn statement stating the information of your potential beneficiaries; and,

3. Work certificate(s) with updated addresses of the location of payroll books.

4. In the case of Optional Insured, registered with the SNP through the former Peruvian Social Security Institute (IPSS), now Social Health Security (ESSALUD), present the corresponding registration Resolution or payment receipts.

5. Water or electricity bill of the domicile where the applicant resides, in simple copy.

6. Settlement of social benefits with signature and/or seal of the employer; or,

7. 5th category withholding certificates; or,

8. Pay slips with signature and/or seal of the employer; or,

9. Sworn statement of the Employer only in the case of a Legal Person or Undivided Estate, signed by the legal representative, a condition that will be accredited with the literal copy of the corresponding record issued by the Public Registries, in which it is indicated that there was the corresponding withholding to the National Pension System in favor of the member; or,

10. Documentary evidence of contributions issued by the former IPSS or ESSALUD; or,

11. Sworn statement of the insured in accordance with the conditions provided in Supreme Decree No. 082-2001-EF; or,

12. Other documents with which the contributions made to the National Pension System can be accredited in accordance with current legal norms.

ADDITIONALLY IN CASE OF BEING:

Professional Driver Regime:

1. Driver's License/Permit or the report of its loss.

2. Proof of having belonged to a transport union, if applicable (simple legible copy)

3. Property Card (Simple legible copy)

4. Payment receipts (originals)

5. If the means of transport used was rented, rental contract. (Simple legible copy)

6. If you contributed as an independent professional driver, driver's license or police report for loss, payment receipts (originals), vehicle property card (simple copy) or rental contract (simple copy) if the means of transport was rented, and proof of having belonged to a transport union, if applicable (simple copy).

Domestic Workers:

1. Sworn statement of the Employer.

2. Sworn statement of the Worker.

3. Payment receipts.

4. If you worked as a domestic worker, you must present the payment receipts (originals) if they were not issued by the ONP and the original of the sworn statement of the employer and the worker.

Housewives:

1. Registration Resolution as Optional Independent or as Housewife, if it was not issued by the ONP.

Workers who performed work related to special retirement regimes (miners, civil construction, etc.)

1. Work certificate, or similar document, indicating the type of work they performed.

POTENTIAL BENEFICIARIES

Both the SPP and the SNP have different criteria regarding potential beneficiaries, so you must declare both those who are considered in the SPP, and those who, while not being recognized in the SPP, could be recognized within the SNP, according to the following:

Beneficiaries for the SPP

a) The spouse or concubine as established in Article 326 of the Civil Code;

b) Children under 18 years of age, or over 18 totally and permanently incapacitated for work, according to the opinion of the competent medical committee;

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 invalid, in the judgment of the competent medical committee; or,

ii) That they are over sixty (60) years of age and have been economically dependent on the deceased. Economic dependency is recognized for those parents who do not receive income or, who, while receiving income from dependent or independent work, or having pensioner status, have a monthly income lower than the RMV in force at the date of occurrence of the accident.

Beneficiaries for the SNP

a) Spouse (in the case of men, the right is recognized if at the time of the death of the deceased, the beneficiary was over 60 years of age or if younger, was incapacitated for work; likewise, they had to be economically dependent on the deceased at that date);

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

c) Ascendants (mothers over 55 years of age or incapacitated for work and fathers over 60 or incapacitated for work, at the date of death, have the right to a pension. Additionally, they must have been economically dependent on the deceased and must not receive income higher than the probable pension). Likewise, there must be no beneficiaries of widow's and orphan's pension, or if these exist, there must be a remaining balance of the deceased's pension, after deducting the widow's and orphan's pensions.

Logo AFP

ANNEX No. 2 REPORT OF APPLICATIONS FOR DISAFFILIATION FROM THE SPP (Ground: Lack of Information Constitutional Court)

By this document, I ________________________________ representative of AFP ______________, with identity document No. manifest under oath, the following:

a) That the documentation supporting each Report of Applications for Disaffiliation from the SPP detailed below is real.

b) That a copy of the files recorded in this report is in the possession of the Private Pension Fund Administrator.

c) That the ground for disaffiliation from the SPP for having suffered a detriment in the pension situation due to lack of information at the time of joining the SPP, corresponds to what was established by the Constitutional Court according to judgments of 26 January 2007, issued in File No. 1776-2004-AA/TC and of 30 April 2007, issued in File No. 07281-2006-PA/TC.

d) That both the CUSPP and the disaffiliation file number correspond to each worker affiliated with the AFP mentioned in this list.

Surnames and names	CUSPP	Ground for disaffiliation	File No. (internal)

……, …… of …………………. of …….
Signature of the AFP Representative