SBS Resolution No. 29-2024: Modifies the Regulations for the resolution of claims filed against entities participating in the Private Pension System, approved by SBS Resolution No. 3948-2015; and modifies the SBS TUPA

Los Laureles Nº 214 - Lima 27 - Peru Tel. : (511) 6309000 Lima, January 10, 2024

S.B.S. Resolution
N° 000029-2024

The Superintendent of Banking, Insurance and
Private Pension Fund Administrators
CONSIDERING:
That, the Consumer Protection and Defense Code, Law N° 29571 and its modifying norms (hereinafter, the Code), establishes that the Superintendency of Banking, Insurance and Private Pension Fund Administrators is competent to resolve controversies related to Titles IV (Information to the Affiliate and the General Public), V (Affiliation and Contributions) and VII (Benefits) of the Compendium of Regulatory Norms of the Private Pension Fund Administration System and complementary norms, which may constitute infringements of the provisions of the Code or complementary norms regarding user protection; That, SBS Resolution N° 3948-2015 develops the regulatory framework for the resolution of claims filed against entities participating in the Private Pension System (hereinafter, SPP), including a mediation procedure that contributes to finding a solution to the user's dissatisfaction with the service and/or product received or to be received, considering the participation of the Citizen Services Department in this procedure; That, it is necessary to modify the aforementioned regulatory framework, so that it considers the provisions of the TUO of the General Administrative Procedure Law, approved by Supreme Decree N° 004-2019-JUS, which will allow improving the claims handling procedure, through the incorporation of clear concepts about the participating parties, adjusting the response period, precisely determining the appeal mechanism that the parties can present and granting corrective measures the nature of enforcement titles; That, in order to gather users' opinions regarding the proposed norm, the draft resolution was pre-published on the Superintendency's electronic portal, under the provisions of Supreme Decree N° 001-2009-JUS; With the approval of the Deputy Superintendencies of Insurance, Private Pension Fund Administrators, Legal Advisory, and Market Conduct and Financial Inclusion; and,

Los Laureles Nº 214 - Lima 27 - Peru Tel. : (511) 6309000 In use of the powers conferred in numerals 7 and 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 N° 26702 and its modifying norms; RESOLVES:
Article First.- Modify the Regulations for the resolution of claims filed against entities participating in the Private Pension System, approved by SBS Resolution N° 3948-2015, as indicated below:

1. Substitute articles 2, 4, 5, 6, 7, 8, 9, 11 and 12, according to the following texts:

“Article 2°.- Definitions and abbreviations
For the purposes of the provisions of this norm, the following definitions and abbreviations are considered:
a) Mediation hearing: a hearing directed by a mediator whose objective is to establish a channel of dialogue between the claimant and the claimed party regarding the subject matter of the claim, in order to reach an agreement or solution between the parties. b) Competent authority in first administrative instance: Head of the Citizen Services Department, who is responsible for issuing the first instance resolution in the claims resolution procedure. c) Competent authority in second administrative instance: Deputy Superintendent of Private Pension Fund Administrators, who is responsible for issuing the second instance resolution in the claims resolution procedure. d) Days: business days. e) DSC: Citizen Services Department. f) Claimant: Natural person who initiates the procedure by filing a claim. g) Claimed party: Private Pension Fund Administrators and/or Insurance Companies. h) Claim: communication presented by the claimant against the claimed party expressing their dissatisfaction with the service and/or product received or to be received, or for the breach of obligations contemplated in contracts or the current regulatory framework, or manifesting the alleged affectation of their legitimate interest. i) Regulations on Infractions and Sanctions: approved by SBS Resolution N° 2755-2018 and its modifying norms or the norm that replaces it. j) SPP: Private Pension Fund Administration System. k) Superintendency: Superintendency of Banking, Insurance and Private Pension Fund Administrators.
Article 4°.- Content and presentation of the claim resolution request
The claim resolution request filed against the claimed party must contain, at a minimum, the following requirements:

Los Laureles Nº 214 - Lima 27 - Peru Tel. : (511) 6309000 a) Full names and surnames of the claimant, physical address and/or email address, telephone number, type and number of identity document, and, if applicable, of their representative. In case of representation, a simple power of attorney with the claimant's signature will suffice; unless it is a withdrawal of the claim or the procedure, or to avail oneself of the conventional forms of termination of the procedure or, for the collection of money, for which a special power of attorney is required. All this does not prevent the intervention of the claimant themselves, when deemed pertinent. b) The concrete expression of what is requested, as well as the orderly development of the claim, indicating, if possible, the legal arguments that support it. In case of doubts about the facts claimed, the DSC may request clarification of these. c) Copy of the claim filed with the claimed party, as established in the Regulations for the Management of Claims and Requirements, approved by SBS Resolution N° 4036-2022, and the claimed party's response, if any. d) The request for a mediation hearing of the claim, if the claimant considers it, and provided that the subject matter of the claim is included in those indicated in article 4B°. e) The specification of the type of notification the claimant wishes to receive (physical or electronic). f) If deemed appropriate, the indication of the corrective and/or precautionary measures whose imposition is requested. g) Place, date and signature or fingerprint, in case of not knowing how to sign or being unable to do so. The claim resolution request is considered received from the moment it enters the Superintendency, considering the hours of operation of the Registry Office, and that it complies with the requirements indicated previously. In case there is no clarity in the terms presented in the request and/or the facts subject to it cannot be reliably deduced, the claimant will be required to rectify this fact within a period of two (2) days. If, after the deadline, the claimant fails to rectify, the procedure will be terminated. In case any observation is made regarding the fulfillment of the requirements for the presentation of the request, the guidelines established in article 136° of the TUO of the General Administrative Procedure Law will be applied, as appropriate.
Article 5°.- Request for a mediation hearing
If the claimant has requested a mediation hearing for the claim, the DSC evaluates whether the disputed matter is covered in article 4B°, to proceed with it. If the result of the evaluation is negative, it issues an official letter denying the mediation hearing and the claim resolution procedure continues, in accordance with the provisions of article 11°. If the result of the evaluation is positive, the DSC, within five (5) days following the receipt of the claim resolution request, summons the parties to a hearing and, in parallel, requests the claimed party to present their response to the claim in accordance with the provisions of article 4A°.
Article 6°.- Place and date of the mediation hearing

Los Laureles Nº 214 - Lima 27 - Peru Tel. : (511) 6309000 The mediator sets the date of the hearing, which takes place within a period not exceeding three (3) days from the maximum date for the submission of defenses by the claimed party.
Due to the amount, the complexity of the facts or other duly justified reason, the mediation hearing may be held in person, at the address established by the Superintendency, or remotely. The referred information is communicated to the parties, indicating the day, time and place where the mediation hearing will take place. Additionally, if necessary, a second mediation hearing may be scheduled, which must take place within five (5) days of the first hearing and provided that the parties express their intention to continue the dialogue at that time.
Article 7°.- Mediation hearing and issuance of minutes
The parties may appear at the claim mediation hearing, personally or through a representative.
The hearing is held only for the claimed facts indicated in the claim document, and must be conducted by a mediator, who explains the procedure, the current regulatory framework applicable to the claimed party and the scope of the mediation, listens to the parties and directs the hearing. Agreements may refer to all or part of the aspects submitted to mediation. In case the agreement refers to some of the claims and others persist, this fact is recorded in the respective minutes, which constitutes an extrajudicial transaction. Once the hearing is concluded, the mediator draws up minutes that must contain the following information: the identification of the parties, a summary of what was discussed and the expression of whether there was an agreement or not, as well as the obligations that each party assumes, if applicable. Likewise, if one or both parties do not attend the claim mediation hearing, this is recorded in the respective minutes. In case there is an agreement between the parties regarding all claims, it is recorded in the minutes that the procedure is concluded early and the file is definitively archived, in accordance with literal b) of article 10A°. In case no agreement is reached or claims persist, the claim resolution procedure continues, as established in article 11°. Agreements may not be totally or partially contrary to the regulatory framework governing the SPP. The attending parties sign the minutes and receive a physical copy of it (if the hearing is in person), or give their conformity through electronic means (if the hearing is remote). In the latter case, the minutes are notified to the parties through an official document issued by the Superintendency.
Article 8°.- End of the mediation stage
The claim mediation stage ends by:
a) Lack of appearance of one or both parties at the mediation hearing. b) Agreement between the parties that determines the end of the procedure.

Los Laureles Nº 214 - Lima 27 - Peru Tel. : (511) 6309000 c) Lack of agreement between the parties. d) Withdrawal of the mediation request by the claimant.
Except for literal b), in all cases, the parties are notified of the end of this stage, and the claim resolution procedure continues.
Article 9°.- Effects of the agreement
In case an agreement is reached between the parties, what was agreed must be complied with within a period not exceeding ten (10) days counted from its signing, unless a longer period is established for the fulfillment of the provisions of the agreement.
Within five (5) days following the fulfillment of the agreement within the period established in the preceding paragraph, the claimed party must submit documentation accrediting such fulfillment to the Superintendency.
Non-compliance with the aforementioned obligation constitutes an infraction subject to sanction, in accordance with the provisions of the Superintendency's Regulations on Infractions and Sanctions.
Article 11°.- Ruling and appeal
The competent authority in the first administrative instance rules on the claim within a maximum period of sixty (60) days counted from the filing of the claim.
Once the fifteen (15) day period established for the filing of an appeal has expired, the administrative act that resolved the procedure becomes final.
The appeal filed is subject to a ruling by the competent authority in the second administrative instance. Within fifteen (15) days of receipt, it will be transferred to the other party, and a fifteen (15) day period will be granted for the response to the appeal. The hierarchical superior resolves the appeal within a maximum period of thirty (30) days counted from the receipt of the responses and the technical evaluation of the file. The filing of an appeal against the first instance resolution that declares a regulatory violation does not suspend the fulfillment of the corrective measure, unless the suspension circumstances established in article 226 of the TUO of Law N° 27444, General Administrative Procedure Law, approved by Supreme Decree N° 004-2019-JUS, are present.
Article 12°.- Compliance with the ruling
Unless the competent authority grants a longer period, within five (5) days after the ruling has become final, the claimed party must submit documentation accrediting compliance with the provisions of the Superintendency.
2. Modify article 3 and literal b) of article 10, according to the following texts:
Article 3°.- Initiation of the procedure

Los Laureles Nº 214 - Lima 27 - Peru Tel. : (511) 6309000 The claim resolution procedure is initiated at the request of a party. For this purpose, the claimant must first file a claim with the claimed party. In case the claimed party does not provide a response within the legally established period or has done so in a manner unsatisfactory to the claimant, the latter may submit their claim resolution request to the Superintendency.
Article 10°.- Continuation of the procedure
Once the claim mediation stage has concluded, or in case the request for a claim mediation hearing has been dismissed or the mediation stage has not been requested, the competent authority in the first instance must:
(…) b) Continue with the procedure, for which it may request the claimed party any clarifications and/or extensions it deems convenient to the information submitted in accordance with article 4A°.
3. Incorporate articles 4A°, 4B° and 10A°, according to the following texts:

“Article 4A°.- Response to the claim
Within five (5) days following the receipt of the claim resolution request, the DSC requests the claimed party to respond to the claim within a maximum period of seven (7) days.
The claimed party must address all claimed facts and attach the evidentiary means that support their allegations.
In case the claimed party responds outside the established period, and has not requested an extension of the response period, they must duly justify the reason for the delay, which will be evaluated by the DSC to determine whether or not to accept this response. The response to the claim is transferred to the claimant within two (2) days, for their knowledge.
Article 4B°.- Issues that may be subject to a claim mediation hearing request
Dissatisfactions arising from the relationship with the claimed parties may be subject to a claim mediation procedure, provided they fall under the following matters:
a) Denial, delay or suspension by the claimed party in the granting and/or payment of any benefit within the SPP and/or extraordinary withdrawals. b) Lack of information or incomplete and/or inaccurate information by the claimed party. c) Insufficient or erroneous guidance provided by the claimed party within the framework of processing the granting of a benefit within the SPP. d) Lack of attention to claims and/or requirements by the claimed party, within the framework of the provisions of the Regulations on Claims and Requirements. e) Amount and conditions of the benefit received.

Los Laureles Nº 214 - Lima 27 - Peru Tel. : (511) 6309000 f) Demanding documentation not provided for the processing of any benefit within the SPP, in accordance with the provisions of the Superintendency.
The Superintendency may determine additional matters that may be subject to a claim mediation hearing request, justifying such decision.
Article 10A°.- Forms of early conclusion of the claims procedure
At any stage of the procedure, the resolving body may declare its early conclusion in the following cases:
a) When the Claimant withdraws from the procedure and/or the claim. b) When the parties reach an agreement through mediation that, unequivocally, records that the controversy subject to the claim has been resolved before the notification of the resolution that ends it. c) When the parties reach an agreement, outside the claims procedure. For this, they must present evidence of said agreement. Either party may accredit the resolution of the controversy before the resolving body, so that the authority declares the early conclusion of the procedure.
Article Second.- Repeal Annex “Aspects that may be subject to a claim mediation hearing request”, which forms part of SBS Resolution N° 3948-2015.
Article Third.- Modify in the Single Text of Administrative Procedures of the Superintendency of Banking, Insurance and Private Pension Fund Administrators, approved by Resolution N°1678-2018 and its modifying norms, procedure N° 167 “Resolution of claims filed against entities participating in the Private Pension System”, in accordance with the text attached to this resolution and published in accordance with the provisions of Supreme Decree N° 004-2008-PCM, Regulations of Law N° 29091, on the institutional portal (www.sbs.gob.pe).
Article Fourth.- Articles First and Second of this Resolution have an adaptation period of ninety (90) days from the date of publication of the Resolution.
Article Fifth.- This Resolution enters into force the day after its publication in the Official Gazette El Peruano, except for Article Third of this Resolution which enters into force after the adaptation period indicated in Article Fourth of this Resolution.
Register, communicate and publish.

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