Lima, 26 October 2004

S.B.S. Resolution No. 1750 –2004

The Superintendent of Banking and Insurance

WHEREAS:

That, by means of Law No. 27803 and its amendment, Law No. 28299, the recommendations derived from the commissions created by Laws Nos. 27452 and 27586 have been implemented, entrusted with reviewing the collective dismissals carried out in State companies subject to processes of promotion of private investment and in entities of the public sector and local governments;

That, article 3 of Law No. 27803 establishes the Benefits of the Extraordinary Program, whose numeral 2) refers to Early Retirement, under the scope of the provisions of articles 14 and 15 of the aforementioned law;

That the aforementioned Law No. 28299, in its Sole Complementary and Final Provision, has provided that those former workers included in Law No. 25897, whose Single Ordered Text has been approved by Supreme Decree No. 054-97-EF, that is, those affiliated with the Private Pension Fund Administrators (AFP) who meet the age and years of contributions requirements established for the granting of Early Retirement under the Pension Regime of the National Pension System (SNP), as of the date of publication of the last list of former workers irregularly dismissed, may avail themselves of the benefits of Early Retirement referred to in article 3 numeral 2) of Law No. 27803;

That, for such purpose, it is necessary to issue the regulatory provisions that allow the disaffiliation from the AFP of the workers included under the scope of Law No. 28299, in order to comply with the requirement set forth by mandate of the law;

In accordance with the opinion of the Deputy Superintendencies of Private Pension Fund Administrators and of Legal Advisory; 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 System of Pension Fund Administration (SPP), approved by Supreme Decree No. 054-97-EF;

RESOLVES:

Article 1.- To approve the Operating Procedure to request disaffiliation from the SPP of those former workers affiliated with an AFP included under the scope of the Sole Complementary and Final Provision of Law No. 28299, amending Law No. 27803.

Article 2.- This resolution shall enter into force the day following its publication in the Official Gazette “El Peruano”.

Register, communicate and publish.

JUAN JOSÉ MARTHANS LEÓN
Superintendent of Banking and Insurance

OPERATING PROCEDURE FOR DISAFFILIATION FROM THE PRIVATE SYSTEM OF PENSION FUND ADMINISTRATION (SPP), OF THOSE FORMER WORKERS AFFILIATED WITH AN AFP INCLUDED UNDER THE SCOPE OF THE SOLE COMPLEMENTARY AND FINAL PROVISION OF LAW No. 28299, AMENDING LAW No. 27803

Scope

Article 1.-

This operating regulation establishes the disaffiliation procedure from the SPP applicable to cases of former workers affiliated with the AFP who are under the scope of the Sole Complementary and Final Provision of Law No. 28299, amending Law No. 27803, insofar as they are entitled to the benefit of Early Retirement referred to in numeral 2) of article 3 of Law No. 27803.

Definitions

Article 2.-

For the purposes and scope of this operating procedure, the following definitions shall be used:

• AFP: Private Pension Fund Administrators;

• Affiliates: those former workers included under the scope of Laws No. 27803 and 28299 who, being affiliated with an AFP, submit requests for nullity of affiliation because they are included under the scope of the Sole Complementary and Final Provision of Law No. 28299;

• SPP Disaffiliation: situation that occurs when, by virtue of a resolution of nullity of affiliation issued by the Superintendency, a worker ceases to belong to the AFP in which he was registered, withdrawing from the Private System of Pension Fund Administration (SPP);

• Days: working days, unless expressly indicated otherwise;

• ONP: Office of Pension Normalization, entity that administers the National Pension System (SNP);

• SBS: Superintendency of Banking and Insurance;

• SUNAT: National Superintendency of Tax Administration, entity that, for purposes of the SNP, collects the contributions destined to the ONP.

Procedure

Article 3.-

The disaffiliation procedure from the SPP for having availed oneself of the Early Retirement benefit established in Article 3 of Law No. 27803 and applicable to those former workers included under the scope of the Sole Complementary and Final Provision of Law No. 28299 – Law that amends Law No. 27803, shall be subject to the following procedure:

I. Of the presentation and processing of Requests for Disaffiliation from the SPP

1.- The affiliate submits a disaffiliation request before his AFP, indicating that he is under the scope of the provisions of the Sole Complementary and Final Provision of Law No. 28299, for which purpose he shall attach the following:

a) Copy of the identity document;

b) Sworn Statement by which he declares to know and comply with the requirements to obtain an Early Retirement pension in the SNP and to have made use of the resources of the Individual Capitalization Account (CIC) by effect of Laws No. 30425 and No. 30478,

accredit having restored, in the AFP, the totality of the withdrawn funds, valued at the date based on the number of quotas that were subject to withdrawal, whose Annex forms an integral part of this procedure.1

2.- The AFP, within a period no greater than five (5) days from receipt of the request, must verify that the member is included in the list of former workers who have requested early retirement under the scope of numeral 2) of article 3 of Law No. 27803; and that it has been previously communicated by the Ministry of Labor and Employment Promotion.

II. On the issuance of the resolution of disaffiliation from the SPP

3.- The AFP, once the analysis and review of the documentation submitted by the member has been carried out, shall send to the SBS, on the last day of each week, the information of the case under the format of Annex XXXIII referred to in subsection e) of article 52 of Title V of the Compendium.

4.- The SBS, once the documentation referred to in the previous numeral has been received, issues the corresponding Resolution of nullity of affiliation to the SPP, notifying the AFP thereof. The issuance of the Resolution of nullity and its respective notification shall not exceed thirty (30) calendar days. In the same resolution, the SBS shall order that the Recognition Bonus procedure that the former worker may have initiated be left without effect. In the event that the Recognition Bonus has already been redeemed, the SBS, only to the extent that the balance remains in the member's individual capitalization account, shall order the return of the corresponding amount to the ONP, in accordance with the existing procedure.

5.- The AFP, based on the provisions of the previous numeral, proceeds as follows:

a) Sends to the ONP a copy of the resolution of nullity of affiliation, within five (5) days of its issuance;

b) Notifies the member of such situation, within five (5) days following receipt of the resolution of nullity of affiliation, in a manner similar to that established in Annex IX of Title V of the Compendium;

c) Sends to the SUNAT, in accordance with the schedule established by said institution, the corresponding magnetic medium and in a manner similar to that established in Superintendency Resolution No. 105-2001/SUNAT, containing the information of the contributions recorded in the member's individual capitalization account, as well as the corresponding payment, in the form, terms and conditions established by the SUNAT for such purpose;

d) Notifies the member's last employer, in order to communicate the new pension situation, if applicable. The term of this notification shall not exceed ten (10) days after the resolution of disaffiliation from the SPP has been declared.

II. On the non-granting of the pension in the SNP.

6.- In the event that the ONP determines that the former worker is not entitled to a pension in the SNP, the latter may request re-affiliation to the SPP or remain as an insured in the SNP until complying with the age and contribution years requirements demanded to access a pension in said system.

[1] Literal replaced by SBS Resolution No. 3693-2019 published on 16-08-2019.

ANNEX

SWORN STATEMENT OF KNOWLEDGE AND COMPLIANCE WITH REQUIREMENTS TO OBTAIN A PENSION IN THE NATIONAL PENSION SYSTEM, APPLICABLE TO FORMER WORKERS COVERED UNDER THE SCOPE OF THE SINGLE COMPLEMENTARY AND FINAL PROVISION OF LAW No. 28299 - SBS RESOLUTION No. 1750 - 2004

Lima, of of 200...

Through this document, in accordance with the provisions of SBS Resolution No. 1750 -2004 and under the protection of the provisions of the Single Complementary and Final Provision of Law No. 28299.

I declare under oath the following:

1. That I know the requirements demanded by the National Pension System to obtain a Retirement Pension.

2. That I comply with the requirements demanded by the National Pension System to access a Retirement Pension.

3. That I am included in the lists of beneficiaries of early retirement in accordance with numeral 2) of article 3 of Law No. 27803.

Sincerely,

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NAMES AND SURNAMES
D.N.I. No.