2023-01-26 | NSP-82Added · Updated
The Norms Committee of the Central Reserve Bank of El Salvador issued these technical standards to regulate the electronic transfer of affiliate information changes between Pension Fund Administrators (AFPs) and the Superintendence of the Financial System. AFPs are required to send change requests and details to the Superintendence within three business days of the request, using specific file formats defined in the annexes. The Superintendence must analyze and notify the AFP of the appropriateness or rejection of these changes within three business days of receipt. The standards entered into force on January 26, 2023, and repeal the previous 1999 instruction on information transfer.
CNBCR-01/2023 NSP-82 TECHNICAL STANDARDS FOR INFORMATION TRANSFER IN THE PROCESS OF CHANGING AFFILIATE INFORMATION BETWEEN THE SUPERINTENDENCE OF THE FINANCIAL SYSTEM AND PENSION FUND ADMINISTRATORS Approval: 01/26/2023 Effective Date: 01/26/2023 Alameda Juan Pablo II, between 15 and 17 Norte Ave, San Salvador, El Salvador. Tel. (503) 2281-8000 www.bcr.gob.sv Page 1 of 9
THE NORMS COMMITTEE OF THE CENTRAL RESERVE BANK OF EL SALVADOR,
CONSIDERING: I. That by Legislative Decree No. 614, dated December 20, 2022, published in the Official Journal No. 241, Volume No. 437, of the 21st of the same month and year, the Comprehensive Law of the Pension System was issued. II. That Article 5 of the Comprehensive Law of the Pension System defines affiliation as a legal relationship between a natural person and a Pension Fund Administrator, which generates the rights and obligations established by said Law. III. That Article 6 of the Comprehensive Law of the Pension System establishes that affiliation to the System shall be individual and shall persist during the life of the affiliate, whether or not they are engaged in labor activity. IV. That Article 159 of the Comprehensive Law of the Pension System establishes that the Central Reserve Bank of El Salvador will issue the necessary Technical Standards to allow the development of what is established in the aforementioned Law. V. That due to the dynamism presented in the handling of information between Pension Fund Administrators and the Superintendence of the Financial System, it is necessary to constantly adapt the procedures involved in the electronic transfer of information, regarding the change of information that the person may present while affiliated with the Pension System.
THEREFORE, by virtue of the regulatory powers conferred by Article 99 of the Law on Supervision and Regulation of the Financial System,
AGREES to issue the following:
TECHNICAL STANDARDS FOR INFORMATION TRANSFER IN THE PROCESS OF CHANGING AFFILIATE INFORMATION BETWEEN THE SUPERINTENDENCE OF THE FINANCIAL SYSTEM AND PENSION FUND ADMINISTRATORS
CHAPTER I OBJECTIVE, SUBJECTS, AND TERMS
Objective Art. 1.- These Norms aim to establish the procedures and technical aspects involved in the electronic transfer of information between the Superintendence and the Pension Fund Administrators in order to carry out a general change of information for affiliates of the Pension System.
Subjects Art. 2.- The subjects obligated to comply with the provisions established in these Norms are the Pension Fund Administrators.
Terms Art. 3.- For the purposes of these Norms, the terms indicated below have the following meaning: a) Affiliate: Any person who maintains a relationship with a Pension Fund Administrator through the signing of an affiliation contract; b) AFP: Pension Fund Administrator; c) Central Bank: Central Reserve Bank of El Salvador; d) Identity Document: It may be the Unique Identity Document, Minor's Card, Passport, or Resident Card, as applicable; e) DUI: Unique Identity Document; f) ISSS: Salvadoran Social Security Institute; g) INPEP: National Institute of Public Employees, prior to the entry into force of the Law Creating the Salvadoran Pension Institute; and h) Superintendence: Superintendence of the Financial System.
CHAPTER II ON THE PROCESS OF CHANGING INFORMATION.
Change of affiliate information Art. 4.- The change of information of an affiliate to the Pension System may be requested from the Superintendence through the following means: a) The AFP in which the worker is affiliated; and b) The affiliate appearing directly at the Superintendence with the documents supporting the change. The approved changes will be sent by the Superintendence to the AFP in which the person is affiliated in order for it to update the information.
CHAPTER III TRANSFER OF INFORMATION BETWEEN PENSION FUND ADMINISTRATORS AND THE SUPERINTENDENCE
Request for change of information Art. 5.- Once the request for updating or changing the affiliate's information has been presented in accordance with what is established in the Technical Standards for Affiliation to the Pension System -57), approved by the Norms Committee of the Central Bank, the AFP will send the information in accordance with Annex No. 1 of these Norms.
CNBCR-01/2023 NSP-82 TECHNICAL STANDARDS FOR INFORMATION TRANSFER IN THE PROCESS OF CHANGING AFFILIATE INFORMATION BETWEEN THE SUPERINTENDENCE OF THE FINANCIAL SYSTEM AND PENSION FUND ADMINISTRATORS Approval: 01/26/2023 Effective Date: 01/26/2023 Alameda Juan Pablo II, between 15 and 17 Norte Ave, San Salvador, El Salvador. Tel. (503) 2281-8000 www.bcr.gob.sv Page 2 of 9
Details of the change of information Art. 6.- The AFP will send information which will contain the personal data of the affiliate that wish to be modified or added, with the exception of modifications in the affiliate's labor situation, and consequently, the employer's information. The information will be generated in accordance with what is established in Annex No. 2 of these Norms, and will always be sent with the request for change of information, referred to in Article 5 of these Norms.
Time limit for sending information Art. 7.- The request and details of the change of information, referred to in Articles 5 and 6 of these Norms, if applicable, must be transferred by the AFP to the Superintendence within a period of three business days after the change of information request is presented by the affiliate.
Fields subject to modification Art. 8.- The codes of the variables that will be used for the modification of the fields in the affiliation database will be established by the Superintendence in the technical details referred to in Article 11 of these Norms.
Information sent to the AFP Art. 9.- The changes of information reported in the files received by the Superintendence will be analyzed before processing, in order to determine whether the change is appropriate or not, having a period of no more than three business days once the information sent by the AFP is received. The Superintendence will notify the AFP of the appropriateness of the request or any inconsistency detected that generates inappropriateness or rejection of the change of information, according to the following details: a) Annex No. 3: C, with extension ACC; b) Annex No. 4 I, with extension AIC; and c) Annex No. 5: Rejected affiliate information changes, with extension ARR.
CHAPTER IV CHANGE OF INFORMATION CARRIED OUT BY THE AFFILIATE THROUGH THE SUPERINTENDENCE
Art. 10.- The affiliate may directly update their affiliation information with the Superintendence and the changes must be supported by the documentation presented by said affiliate.
CNBCR-01/2023 NSP-82 TECHNICAL STANDARDS FOR INFORMATION TRANSFER IN THE PROCESS OF CHANGING AFFILIATE INFORMATION BETWEEN THE SUPERINTENDENCE OF THE FINANCIAL SYSTEM AND PENSION FUND ADMINISTRATORS Approval: 01/26/2023 Effective Date: 01/26/2023 Alameda Juan Pablo II, between 15 and 17 Norte Ave, San Salvador, El Salvador. Tel. (503) 2281-8000 www.bcr.gob.sv Page 3 of 9
The Superintendence will generate change of information files with the same structure as the changes made by the AFP in which the affiliate is enrolled.
CHAPTER V OTHER PROVISIONS AND EFFECTIVE DATE
Technical details of information sending Art. 11.- The Superintendence will send to the AFP with a copy to the Central Bank, the technical details related to the sending of information required in the Annexes of these Norms, which will be communicated within a maximum period of sixty days after the entry into force of these Norms. The information requirements will be limited to the collection of information in accordance with what is regulated in these Norms.
The AFPs must implement the necessary mechanisms for the sending of information within a maximum period of sixty days, counted from the date of having received the technical details from the Superintendence referred to in the first paragraph of this article.
Sanctions Art. 12.- Non-compliance with the provisions contained in these Norms will be sanctioned in accordance with what is established in the Law on Supervision and Regulation of the Financial System.
Repeals Art. 13.- These Norms repeal the Instruction Transfer of Information in the Process of Changing Affiliate Information, between the Superintendence of approved on February 1, 1999 by the Superintendence of Pensions, whose Organic Law was repealed by Legislative Decree No. 592 which contains the Law on Supervision and Regulation of the Financial System, published in the Official Journal No. 23, Volume No. 390, dated February 2, 2011.
Unforeseen aspects Art. 14.- Aspects not provided for in the regulatory matter in these Norms will be resolved by the Central Bank through its Norms Committee.
Effective Date Art. 15.- These Norms will enter into force as of January 26, 2023.
CNBCR-01/2023 NSP-82 TECHNICAL STANDARDS FOR INFORMATION TRANSFER IN THE PROCESS OF CHANGING AFFILIATE INFORMATION BETWEEN THE SUPERINTENDENCE OF THE FINANCIAL SYSTEM AND PENSION FUND ADMINISTRATORS Approval: 01/26/2023 Effective Date: 01/26/2023 Alameda Juan Pablo II, between 15 and 17 Norte Ave, San Salvador, El Salvador. Tel. (503) 2281-8000 www.bcr.gob.sv Page 4 of 9
Annex No. 1 REQUEST FOR CHANGE OF INFORMATION
Field Description Institution Type Code assigned by the Superintendence Institution Code Code assigned by the Superintendence Document Type Code assigned by the Superintendence Change Request Number Number of the change of information record NIA Internal affiliation number assigned by the Superintendence Document Date Date of the record First Name First name of the affiliate Second Name Second name of the Affiliate First Last Name First last name of the affiliate Second Last Name Second last name of the affiliate Married Last Name Married last name, when applicable Unique Identity Document Number of Unique Identity Document of the Affiliate CIP Personal Identity Card Number Resident Card Number of Resident Card, when applicable Foreign Passport Passport number, when applicable Minor's Card Number of the minor's card, when applicable
CNBCR-01/2023 NSP-82 TECHNICAL STANDARDS FOR INFORMATION TRANSFER IN THE PROCESS OF CHANGING AFFILIATE INFORMATION BETWEEN THE SUPERINTENDENCE OF THE FINANCIAL SYSTEM AND PENSION FUND ADMINISTRATORS Approval: 01/26/2023 Effective Date: 01/26/2023 Alameda Juan Pablo II, between 15 and 17 Norte Ave, San Salvador, El Salvador. Tel. (503) 2281-8000 www.bcr.gob.sv Page 5 of 9
Annex No. 2 DETAIL OF CHANGE OF INFORMATION
Field Description Institution Type Code assigned by the Superintendence Institution Code Code assigned by the Superintendence Document Type Code assigned by the Superintendence Change Request Number Number of the change of information record Variable Code to Change Code of the variable that identifies each modifiable field according to the technical detail established by the Superintendence Data before the change Data possessed of the variable to change in the database Data current to the change New data to enter
CNBCR-01/2023 NSP-82 TECHNICAL STANDARDS FOR INFORMATION TRANSFER IN THE PROCESS OF CHANGING AFFILIATE INFORMATION BETWEEN THE SUPERINTENDENCE OF THE FINANCIAL SYSTEM AND PENSION FUND ADMINISTRATORS Approval: 01/26/2023 Effective Date: 01/26/2023 Alameda Juan Pablo II, between 15 and 17 Norte Ave, San Salvador, El Salvador. Tel. (503) 2281-8000 www.bcr.gob.sv Page 6 of 9
Annex No. 3 CONFIRMATION OF AFFILIATE INFORMATION CHANGES
Field Description Institution Type Code assigned by the Superintendence Institution Code Code assigned by the Superintendence NIA Internal affiliation number assigned by the Superintendence Document Type Code assigned by the Superintendence Change Request Number Number of the change of information record Date of change of information document Date of the change of information request Variable Code to Change Code of the variable that identifies each modifiable field according to the technical detail established by the Superintendence Data current to the change New data entered at the request of the AFP
CNBCR-01/2023 NSP-82 TECHNICAL STANDARDS FOR INFORMATION TRANSFER IN THE PROCESS OF CHANGING AFFILIATE INFORMATION BETWEEN THE SUPERINTENDENCE OF THE FINANCIAL SYSTEM AND PENSION FUND ADMINISTRATORS Approval: 01/26/2023 Effective Date: 01/26/2023 Alameda Juan Pablo II, between 15 and 17 Norte Ave, San Salvador, El Salvador. Tel. (503) 2281-8000 www.bcr.gob.sv Page 7 of 9
Annex No. 4 INAPPROPRIATENESS IN AFFILIATE INFORMATION CHANGE
Field Description Institution Type Code assigned by the Superintendence Institution Code Code assigned by the Superintendence Document Type Code assigned by the Superintendence Change Request Number Number of the change of information record Date of change of information document Date of the change of information request Error Code Code of the inappropriateness assigned by the Superintendence Error Description Description of the inappropriateness
CNBCR-01/2023 NSP-82 TECHNICAL STANDARDS FOR INFORMATION TRANSFER IN THE PROCESS OF CHANGING AFFILIATE INFORMATION BETWEEN THE SUPERINTENDENCE OF THE FINANCIAL SYSTEM AND PENSION FUND ADMINISTRATORS Approval: 01/26/2023 Effective Date: 01/26/2023 Alameda Juan Pablo II, between 15 and 17 Norte Ave, San Salvador, El Salvador. Tel. (503) 2281-8000 www.bcr.gob.sv Page 8 of 9
Annex No. 5 REJECTED AFFILIATE INFORMATION CHANGES
Field Description Institution Type Code assigned by the Superintendence Institution Code that requests the change Code assigned by the Superintendence Document Type Code assigned by the Superintendence Change Request Number Number of the change of information record Rejection Date Date of the record of the rejection of the change NIA Internal affiliation number assigned by the Superintendence Error Code Code of the inappropriateness assigned by the Superintendence Error Description Description of the inappropriateness
CNBCR-01/2023 NSP-82 TECHNICAL STANDARDS FOR INFORMATION TRANSFER IN THE PROCESS OF CHANGING AFFILIATE INFORMATION BETWEEN THE SUPERINTENDENCE OF THE FINANCIAL SYSTEM AND PENSION FUND ADMINISTRATORS Approval: 01/26/2023 Effective Date: 01/26/2023 Alameda Juan Pablo II, between 15 and 17 Norte Ave, San Salvador, El Salvador. Tel. (503) 2281-8000 www.bcr.gob.sv Page 9 of 9