Region

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Regulator

2022-12-30 | NSP-45

Added 2026-07-11 · Updated 2026-07-25

Technical Standards for Qualifying Invalidity and Determining Serious Illness for Pension Benefits

The Central Reserve Bank of El Salvador issued these Technical Standards to regulate the Invalidity Rating Commission's procedures for evaluating invalidity degrees and serious illnesses under the General Pension System Law. The norms define specific medical and administrative terms, establish the Commission's composition of three doctors, and set eligibility thresholds, including a 50% loss for partial invalidity and greater than 66.6% for total invalidity. They also mandate a 15-business-day validation period for serious terminal illness rulings and require Pension Fund Administrators and social security institutes to comply with these evaluation protocols.

El Salvador

Superintendencia del Sistema Financiero

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 December 21, 2022, the General Pension System Law was issued, simultaneously creating the Pension System for workers in the private, public, and municipal sectors. II. That pursuant to Article 104 of the General Pension System Law, the Invalidity Rating Commission shall be responsible for determining the origin of the illness or accident, common or professional, and qualifying the degree of invalidity to determine the right to an invalidity pension; as well as ruling on whether an affiliate may access the benefit of balance refund for serious illness. III. That Article 108 of the General Pension System Law establishes that the General Invalidity Norms with which the Invalidity Rating Commission will rule on the degree of disability shall be issued by the Central Reserve Bank of El Salvador, with the support of a Technical Commission. IV. That the first paragraph of Article 128 of the General Pension System Law establishes that the affiliate, regardless of age and fulfillment of the requirements to access a pension for invalidity in a second ruling or old age, who is ruled by the Invalidity Rating Commission as suffering from a serious illness that significantly puts their life at risk, may choose to request the refund of the balance of their Individual Savings Account for Pensions. V. That the second paragraph of Article 128 of the General Pension System Law establishes that in the case where the affiliate suffers from a serious terminal illness and that has been ruled by a private doctor or public institution doctor, the Invalidity Rating Commission must validate the medical ruling within 15 business days. VI. That Article 159 of the General Pension System Law establishes that the Central Reserve Bank of El Salvador will issue the Technical Standards and Resolutions necessary to allow the development of what is established in the aforementioned Law. VII. That in the second paragraph of Article 33 of the Law of the Salvadoran Institute for Teacher Welfare, issued by Legislative Decree No. 485, dated November 22, 2007, published in the Official Journal No. 236, Volume No. 377, of date December 18, 2007, powers are conferred upon the Invalidity Rating Commission that are considered necessary to regulate.

by virtue of the regulatory powers conferred upon it by Article 99 of the Law on Supervision and Regulation of the Financial System, AGREES to issue the following:

TECHNICAL STANDARDS FOR THE QUALIFICATION OF THE DEGREE OF INVALIDITY AND DETERMINATION OF SERIOUS ILLNESS OR SERIOUS TERMINAL ILLNESS TO DETERMINE THE RIGHT TO INVALIDITY PENSION AND BALANCE REFUND FOR SERIOUS ILLNESS OR SERIOUS TERMINAL ILLNESS BY THE INVALIDITY RATING COMMISSION

TITLE I GENERAL PROVISIONS

CHAPTER I OBJECT, SUBJECTS, AND TERMS Object Art. 1.- These Norms aim to regulate the procedure for Evaluation, Qualification, and Re-evaluation of invalidity requests from workers affiliated to the Pension System and their beneficiaries, as well as beneficiaries affiliated to the Salvadoran Institute for Teacher Welfare, to declare the degree of loss of remunerated labor capacity that determines the right to an invalidity pension. Additionally, they establish the provisions regarding the procedure to rule on the benefit of accessing the balance refund for serious illness and serious terminal illness, to which workers affiliated to the Pension System may opt. Subjects Art. 2.- The subjects obliged to comply with the provisions established in these Norms, as applicable, are the following: a) Pension Fund Administrators; b) The Salvadoran Institute of Social Security; c) The Salvadoran Institute of Pensions; d) The Salvadoran Institute for Teacher Welfare; and e) The members of the Invalidity Rating Commission and the chief medical officer of said Commission.

Terms Art. 3.- For the purposes of these Norms, as well as for the functioning of the Commission and its relationship with Pension Institutions, affiliates, and beneficiaries, the terms indicated below have the following meaning:

CNBCR-11/2022 NSP-45 TECHNICAL STANDARDS FOR THE QUALIFICATION OF THE DEGREE OF INVALIDITY AND DETERMINATION OF SERIOUS ILLNESS OR SERIOUS TERMINAL ILLNESS TO DETERMINE THE RIGHT TO INVALIDITY PENSION AND BALANCE REFUND FOR SERIOUS ILLNESS OR SERIOUS TERMINAL ILLNESS BY THE INVALIDITY RATING COMMISSION Approval: 12/30/2022 Validity: 12/30/2022 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 328 a) Work Accident: Sudden and unforeseen event due to or in connection with work, which damages the worker's health, producing labor incapacity or death; b) AFP: Pension Fund Administrator; c) Central Bank: Central Reserve Bank of El Salvador; d) Invalidity Qualification: Assignment of value, in percentage, that the impediment configured is assigned by the Commission constituted in session, by means of an agreement incorporated in the respective ruling; e) Work Capacity: Intellectual and/or physical faculty to develop any activity that produces economic income; f) Commission: Invalidity Rating Commission; g) Invalidity Rating Commission: Entity created by Article 104 of the Law General Pension System that enjoys autonomy regarding the knowledge and qualification of requests submitted to its consideration, whose main function is to determine the origin of the illness or accident, common or professional, and qualify the degree of invalidity. It also rules on whether an affiliate suffers from serious illness or validates the medical ruling for serious terminal illness, to access the benefit of balance refund for serious illness or serious terminal illness as regulated in Article 128 of the General Pension System Law; h) Technical Commission to approve General Invalidity Norms: Formed based on Article 108 of the General Pension System Law by the President of the Invalidity Rating Commission, a designee by the Ministry of Health, the Dean of the Faculty of Medicine of the University of El Salvador, and a Dean of the Faculty of Medicine of a Private University; i) Serious Illness Ruling: Expert ruling containing the agreements of the Commission constituted in session, regarding a serious illness request; j) Invalidity Ruling: Expert ruling containing the agreements of the Commission constituted in session, regarding an invalidity evaluation request: i. First Ruling: Agreement of the Commission that determines the loss in the functional capacity presented by an affiliate or beneficiary to perform a remunerated work. ii. Second Ruling: Agreement of the Commission that ratifies or modifies the loss determined in the first ruling. iii. Another ruling: Agreement of the Commission regarding a new evaluation request for aggravation or improvement of invalidity, after a second ruling of partial or total invalidity has been issued. k) Executed Ruling: Ruling issued by the Commission regarding which fifteen business days have elapsed after notification to the parties, without a complaint having been received against it, or if a complaint has been filed, it has been resolved by the Commission; l) Identity Document: It may be the Unique Identity Document, Minor's Card, Passport, or Resident Card, as applicable;

CNBCR-11/2022 NSP-45 TECHNICAL STANDARDS FOR THE QUALIFICATION OF THE DEGREE OF INVALIDITY AND DETERMINATION OF SERIOUS ILLNESS OR SERIOUS TERMINAL ILLNESS TO DETERMINE THE RIGHT TO INVALIDITY PENSION AND BALANCE REFUND FOR SERIOUS ILLNESS OR SERIOUS TERMINAL ILLNESS BY THE INVALIDITY RATING COMMISSION Approval: 12/30/2022 Validity: 12/30/2022 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 328 m) Occupational Disease: Damage to the worker's health caused by the repetition of a cause originating, directly, from the type of work performed or previously performed, or from the environment in which they were forced to work, causing labor incapacity or death; n) Serious Illness Evaluation: Medical analysis that allows determining the suffering of a serious illness that significantly puts the affiliate's life at risk; o) Evaluation of serious terminal illness: Medical analysis that allows determining the suffering of a serious terminal illness that determines a fatal prognosis soon or within a relatively short period in the affiliate's life, generally equal to or less than 6 months; p) Invalidity Evaluation: Medical analysis that allows determining if the impediment considered as invalidity is in its configured or non-configured condition and also identifies the common or professional origin; q) Serious illness file: Consists of the individual documentation originated in the serious illness evaluation and ruling process, which contains the request, medical history, work history (when applicable), rulings and resolutions of the applicant; r) Serious terminal illness file: Consists of the individual documentation originated in the evaluation and validation process of the ruling for serious terminal illness, which contains the request, medical ruling, medical history, validation of the medical ruling, among others; s) Invalidity file: Consists of the individual documentation originated in the invalidity evaluation and qualification process, which contains the request, medical history, work history (when applicable), rulings and resolutions of the applicant; t) Complementary Factors: Percentage assignments for Age, Educational Level, and Employability of the worker, which are applied based on technical criteria and approved by the majority of the members of the Commission. They are factors that adjust the qualification to the requests that the Commission determines; u) Date of Invalidity Declaration: Date of configuration of the impediment; v) Pension Institutions: ISSS, ISP, AFP, and ISBM; w) ISP: Salvadoran Institute of Pensions; x) ISSS: Salvadoran Institute of Social Security; y) ISBM: Salvadoran Institute for Teacher Welfare; z) Impediment: Intellectual and/or physical deterioration determined medically and that affects an affiliated worker or beneficiary in the performance of their work life. This impediment can be found under two conditions: i. Configured Impediment: One that has a permanent character after accessible treatment methods have been exhausted, both physically and economically by the worker, and evolutionarily only stabilization or aggravation is expected; and ii. Non-configured Impediment: One that is under clinical observation

CNBCR-11/2022 NSP-45 TECHNICAL STANDARDS FOR THE QUALIFICATION OF THE DEGREE OF INVALIDITY AND DETERMINATION OF SERIOUS ILLNESS OR SERIOUS TERMINAL ILLNESS TO DETERMINE THE RIGHT TO INVALIDITY PENSION AND BALANCE REFUND FOR SERIOUS ILLNESS OR SERIOUS TERMINAL ILLNESS BY THE INVALIDITY RATING COMMISSION Approval: 12/30/2022 Validity: 12/30/2022 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 328 and medical treatment without possibility, according to the General Invalidity Norms, of the Commission being able to assign a degree of loss. aa) Invalid: Affiliated worker or beneficiary who as a consequence of a physical and/or intellectual impediment of common and/or professional origin, suffers permanent loss of work capacity equal to or greater than fifty percent as partial invalid and greater than sixty-six point six percent as total invalid, including great invalidity which considers the need for assistance by third parties for the basic care of the daily life of the invalid; bb) Invalidity Prior to Affiliation: Is that condition of invalidity that occurred prior to the worker's affiliation to the Pension System, therefore no loss in remunerated work capacity will be assigned. In case that, after affiliation, the affiliate presents another impediment, the loss will be established by a ruling issued by the Commission; cc) Chief Medical Officer: Medical-Administrative Chief of the Invalidity Rating Commission; dd) Medical-Administrative Office: Area in charge of a Chief Medical Officer appointed by the Superintendent and will be responsible for the technical and administrative functioning of the Commission, as well as supervising compliance with the provisions contained in these Norms; ee) SP Law: General Pension System Law; ff) Member Doctor of the Invalidity Rating Commission: Doctors designated by the Board of Directors of the Financial System Superintendence who will integrate the Commission with right to voice and vote in the requests assigned to their review, analysis, diagnosis, and preliminary ruling, and perform any other function inherent to their position; gg) Loss: Loss of general or specific work capacity expressed in percentages provided in the General Invalidity Norms; hh) Specific Work Loss: Loss of capacity to develop the habitual work of the affiliated worker as a consequence of work accidents or occupational diseases; ii) General Work Loss: Loss of capacity to develop any remunerated work or weakening of physical and/or intellectual forces as a consequence of common illness or accident; jj) General Invalidity Norms: Set of provisions that establish the technical criteria and uniform mandatory compliance and qualification process to be developed by the Commission for the determination of the origin and degree of global loss of the accident or illness considered as invalidity. Additionally, they establish the technical criteria to rule on the condition of serious illness to access the benefit of balance refund for serious illness, to which workers affiliated to the Pension Savings System may opt; kk) Administrative support staff of the Invalidity Rating Commission: Are those officials who perform administrative coordination tasks, auxiliary functions, and security. The selection and training of this personnel corresponds to the Chief Medical Officer, and the hiring will be in charge of the Superintendent;

CNBCR-11/2022 NSP-45 TECHNICAL STANDARDS FOR THE QUALIFICATION OF THE DEGREE OF INVALIDITY AND DETERMINATION OF SERIOUS ILLNESS OR SERIOUS TERMINAL ILLNESS TO DETERMINE THE RIGHT TO INVALIDITY PENSION AND BALANCE REFUND FOR SERIOUS ILLNESS OR SERIOUS TERMINAL ILLNESS BY THE INVALIDITY RATING COMMISSION Approval: 12/30/2022 Validity: 12/30/2022 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 328 ll) Interconsultant Professionals and Interconsultant Institutions: Are medical professionals or other related professions, as well as institutions that are required to issue reports necessary to rule on or resolve invalidity evaluation, qualification, and re-evaluation requests. Likewise, there will be Home Interconsultants, who will offer their services at the home or institutions where the affiliated worker is hospitalized, or the surviving beneficiary, as the case may be; mm) Administrative Rejection: Commission resolution in which it establishes that for different causes, attributable to the applicant, it has not been possible to complete the invalidity evaluation and qualification or the determination of serious illness, after the deadline to rule has elapsed in accordance with Article 105 of the SP Law and what is established in these Norms; nn) Invalidity Re-evaluation: Instance of review of the invalidity granted by a first ruling that will take place after three years have passed obligatorily and gives rise to the issuance of the second ruling. This period may be reduced if the affiliate reaches the legal age to retire for old age, before the three years. Likewise, partial invalids by first ruling who see their condition aggravated may request early re-evaluation. Partial invalids by second ruling may request the Commission for a new re-evaluation when they see their invalid condition aggravated. If improvement or rehabilitation of the worker is known, they may request re-evaluation of the previously granted invalidity condition; oo) Health Regime: Coverage for Illness, Maternity, and Professional Risks granted by the ISSS or ISBM, as applicable; pp) Complaint Resolution: Is the administrative act containing the agreements of the Commission constituted in session and, meeting in accordance with the quorum established in these Norms, in which it resolves the complaint filed against the ruling issued by it; qq) SP: Pension System, integrated by the AFP; rr) Notifications Section: Is the administrative area that communicates to the interested parties, what has been ruled or resolved by the Commission regarding invalidity requests and determination of serious illness, this notification must be made within five business days following the issuance of the ruling or resolution; ss) Administrative Silence: Situation generated by the failure to meet the legal deadline to rule, attributable to the Commission. In this case, the resolution is presumed to be favorable to what was requested, unless proof to the contrary within the deadline established in the General Pension System Law and in these Norms to rule; tt) Surviving Beneficiary: Natural person, who upon the death of the affiliated worker, has the right to receive an invalidity pension, according to the General Pension System Law; uu) Pension System: Pension System, Public Pension System, and Health Regime

CHAPTER II OF THE INVALIDITY RATING COMMISSION AND ITS MEMBERS

Art. 4.- In accordance with Article 104 of the SP Law, the Invalidity Rating Commission shall be integrated by three doctors, one of whom must be a physiatrist. Said Commission shall have as its main function to determine the origin of the illness or the accident, common or professional, and qualify the degree of invalidity, as well as rule on whether an affiliate may access the benefit of serious illness and serious terminal illness as regulated in Article 128 of the SP Law. Art. 5.- The Superintendent will appoint a Chief Medical Officer who in their capacity as a Superintendence official, will have under their responsibility the Medical-Administrative functioning of the Commission; likewise, they will be the link between the Superintendence and the Commission.

Art. 6.- The Board of Directors of the Superintendence, in the exercise of its functions, will designate a member doctor of the Commission to assume the Presidency of the same. Art. 7.- The member doctors of the Commission will be summoned by the Chief Medical Officer, to attend the review sessions, the issuance of rulings and resolutions of the invalidity, serious illness, and serious terminal illness requests. Art. 8.- For cases of complaints before the Commission that have as a basis that the invalidity comes from professional risks, this may be supported by a doctor designated by the ISSS, only if the complaint concerns the origin of the invalidity professional already granted. Art. 9.- With the aim of guaranteeing the autonomy in the functioning of the Commission, the position of Chief Medical Officer, as well as those of members of the Commission, will be incompatible with any professional activity linked to the Pension Institutions to

CNBCR-11/2022 NSP-45 TECHNICAL STANDARDS FOR THE QUALIFICATION OF THE DEGREE OF INVALIDITY AND DETERMINATION OF SERIOUS ILLNESS OR SERIOUS TERMINAL ILLNESS TO DETERMINE THE RIGHT TO INVALIDITY PENSION AND BALANCE REFUND FOR SERIOUS ILLNESS OR SERIOUS TERMINAL ILLNESS BY THE INVALIDITY RATING COMMISSION Approval: 12/30/2022 Validity: 12/30/2022 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 328 exception of employees of the health regime of the ISSS. Art. 10.- In the fulfillment of their functions, the Chief Medical Officer and the members of the Commission will be subject to what is provided in Article 96 of the Law on Supervision and Regulation

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