Rule · BCR · 26 Jan 2023 · NSP-82
Pension Fund Administrators must transfer affiliate information change requests to the Superintendence within three business days, including details per Annex No. 2. They must implement information-sending mechanisms within sixty days of receiving technical details from the Superintendence. Non-compliance is sanctioned under the Law on Supervision and Regulation of the Financial System. These Standards entered into force on January 26, 2023, repealing the 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: 26/01/2023 Validity: 26/01/2023
THE COMMITTEE OF STANDARDS 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 originates 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 will be individual and will subsist 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 that allow for the development of what is established in said 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, in 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
OBJECT, SUBJECTS AND TERMS
Object
Art. 1.- These Standards 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 to the Pension System.
Subjects
Art. 2.- The subjects obligated to comply with the provisions established in these Standards are the Pension Fund Administrators.
Terms
Art. 3.- For the purposes of these Standards, 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's 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 forms:
a) The AFP in which the worker is affiliated; and b) The affiliate presenting themselves directly to 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 update or change of information of the affiliate is presented in accordance with what is established in the Technical Standards for Affiliation to the Pension System -57), approved by the Committee of Standards of the Central Bank, the AFP will send the information in accordance with Annex No. 1 of these Standards.
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 information of the employers. The information will be generated in accordance with what is established in Annex No. 2 of these Standards, and will always be sent with the request for change of information, referred to in Article 5 of these Standards.
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 Standards, 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 Standards.
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: Confirmation of affiliate information changes, with extension ACC; b) Annex No. 4: Inappropriateness in affiliate information change, 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 backed up by the documentation presented by said affiliate. The Superintendence will generate files of change of information with the same structure as the changes made by the AFP in which the affiliate is affiliated.
CHAPTER V
OTHER PROVISIONS AND VALIDITY
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 Standards, which will be communicated within a maximum period of sixty days after the entry into force of these Standards. The information requirements will be limited to the collection of information in accordance with what is regulated in these Standards.
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 Standards will be sanctioned in accordance with what is established in the Law on Supervision and Regulation of the Financial System.
Repeals
Art. 13.- These Standards repeal the Instruction Transfer of Information in the Process of Changing Affiliate Information, between the Superintendence of [Pensions], 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.- The aspects not provided for in regulatory matters in these Standards will be resolved by the Central Bank through its Committee of Standards.
Validity
Art. 15.- These Standards will enter into force as of January 26, two thousand twenty-three.
Annex No. 1
REQUEST FOR CHANGE OF INFORMATION
| Field | Description |
|---|---|
| Type of Institution | Code assigned by the Superintendence |
| Institution Code | Code assigned by the Superintendence |
| Type of Document | 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 Surname | First surname of the affiliate |
| Second Surname | Second surname of the affiliate |
| Married Surname | Married surname, when applicable |
| Unique Identity Document | Unique Identity Document number of the Affiliate |
| CIP | Personal Identity Card number |
| Resident's Card | Resident's Card number, when applicable |
| Foreign Passport | Passport number, when applicable |
| Minor's Card | Minor's Card number, when applicable |
Annex No. 2
DETAIL OF CHANGE OF INFORMATION
| Field | Description |
|---|---|
| Type of Institution | Code assigned by the Superintendence |
| Institution Code | Code assigned by the Superintendence |
| Type of Document | Code assigned by the Superintendence |
| Change Request Number | Number of the change of information record |
| Variable Code to Change | Variable code that identifies each modifiable field according to the technical detail established by the Superintendence |
| Data prior to change | Data possessed of the variable to change in the database |
| Data current to change | New data to enter |
Annex No. 3
CONFIRMATION OF AFFILIATE INFORMATION CHANGES
| Field | Description |
|---|---|
| Type of Institution | Code assigned by the Superintendence |
| Institution Code | Code assigned by the Superintendence |
| NIA | Internal affiliation number assigned by the Superintendence |
| Type of Document | 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 | Variable code that identifies each modifiable field according to the technical detail established by the Superintendence |
| Data current to change | New data entered at the request of the AFP |
Annex No. 4
INAPPROPRIATENESS IN AFFILIATE INFORMATION CHANGE
| Field | Description |
|---|---|
| Type of Institution | Code assigned by the Superintendence |
| Institution Code | Code assigned by the Superintendence |
| Type of Document | 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 |
Annex No. 5
REJECTED AFFILIATE INFORMATION CHANGES
| Field | Description |
|---|---|
| Type of Institution | Code assigned by the Superintendence |
| Institution Code requesting the change | Code assigned by the Superintendence |
| Type of Document | 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 |
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“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.”
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