Technical Standards for Requesting the Issuance, Delivery and Review of the Work History in the Public Pension System

CNBCR-11/2022
NSP-74
TECHNICAL STANDARDS FOR REQUESTING THE ISSUANCE, DELIVERY AND REVIEW OF THE WORK HISTORY IN THE PUBLIC PENSION SYSTEM Approval: 30/12/2022 Validity: 30/12/2022

THE COMMITTEE OF NORMS OF THE CENTRAL BANK OF RESERVE OF EL SALVADOR, CONSIDERING:
I. That Article 20, first paragraph, of the Integral Law of the Pension System,
establishes that the Work History will serve as the basis for calculating the times necessary to access the benefits contemplated in said Law.
II. That Article 20, second paragraph, of the Integral Law of the Pension System,
establishes that Work History shall be understood as that information that details the historical labor time of workers incorporated into the System, who have worked in the private sector, public sector or both, supported by contributions made and service times reported in the Savings Pension System and the Public Pension System.
III. That Article 159 of the Integral Law of the Pension System establishes that the
Central Bank of Reserve of El Salvador will issue the Technical Standards necessary to allow the development of what is established in the referred Law.
IV. That it is necessary to establish deadlines for the process of reconstruction of the Work
History in the Public Pension System.

THEREFORE, in 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 REQUESTING THE ISSUANCE, DELIVERY AND REVIEW OF THE WORK HISTORY IN THE PUBLIC PENSION SYSTEM

CHAPTER I
OBJECTIVE, SUBJECTS AND TERMS

Objective
Art. 1.- These Standards aim to establish the procedure for the request, issuance, delivery and review, where applicable, of the Work History registered in the Salvadoran Institute of Social Security and/or the National Institute of Pensions of Public Employees, of affiliates to the Pension System and the Public Pension System.

Subjects
Art. 2.- The subjects obliged to comply with these Standards are the Previsionary Institutes that belong to the Public Pension System.

Terms
Art. 3.- For the purposes of these Standards, the terms indicated below have the following meaning:
a) Affiliate: Person who contributed to any of the Previsionary Institutes that make up the Public Pension System; b) AFP: Pension Fund Administrator; c) Beneficiary: Survival beneficiary; d) CT: Transfer Certificate or its equivalent value; e) Identity Document: It may be the Unique Identity Document, Minor's ID Card, Passport or Resident's ID Card, as appropriate; f) HL: Work History of the Public Pension System; g) Previsionary Institution: Pension Fund Administrator, Salvadoran Institute of Social Security or National Institute of Pensions of Public Employees; h) Previsionary Institute: Salvadoran Institute of Social Security or National Institute of Pensions of Public Employees; i) INPEP: National Institute of Pensions of Public Employees, prior to the entry into force of the Law Creating the Salvadoran Institute of Pensions; j) ISSS: Salvadoran Institute of Social Security; k) IVM: Disability, old age and death; l) SP Law: Integral Law of the Pension System; m) Affiliation number to INPEP: Number granted by the National Institute of Pensions of Public Employees to its affiliates, prior to the entry into force of the Law Creating the Salvadoran Institute of Pensions; n) SP: Pension System; o) SPP: Public Pension System; p) Superintendence: Superintendence of the Financial System; and q) Comprehensive Attention Unit for Work History, UAIHL: Office responsible for the review and issuance process of the work history of the SPP that certifies the service time and salaries reported to the previsionary institutes.

CHAPTER II
ON THE REQUEST, ISSUANCE AND DELIVERY OF THE SPP WORK HISTORY

On the SPP work history
Art. 4.- The HL contains the historical labor information of all workers who have contributed to the SPP, which is supported by the contributions made and the time of service in said System. The HL report issued for the granting of benefits in the SPP and in the SP, will be generated from the information registered in the Database of the UAIHL, after having applied the mechanisms detailed in Chapter IV of these Standards.

On the request for issuance of the work history report Art. 5.- Affiliates to the SPP or their beneficiaries who request a pension in accordance with what is established in the SP Law, must previously request their HL report from the Previsionary Institute to which they are affiliated, in order to review the times and salaries contributed that will serve as the basis for the calculation of their benefits. Likewise, for this group of affiliates who wish to contribute voluntarily, they must request their HL report to review it and determine the period for which they must contribute to access a benefit. Affiliates to the SP who have the right to request their CT, must ask the AFP to which they are affiliated, for the HL of the time they contributed in the ISSS Pension Regime and/or INPEP, to review the times and salaries reported, which will serve as the basis for the calculation of their CT. Affiliates or beneficiaries may, in addition to the means already established by the UAIHL, request the issuance of the HL through the technological means that it enables for such effects. Previsionary Institutes must apply the "Expansion of Service Channels in Pension Systems through Technological Means -68), issued by the Central Bank through its Committee of Norms, regarding authentication and information security mechanisms. The issuance of the HL can be requested to initiate a benefit application process contemplated in the SP Law or informatively; in any case, the UAIHL must give priority to the issuance of the HL related to benefit requests. The process defined in these Standards regarding the request, delivery and review of the HL can be carried out by an attorney-in-fact, who must duly prove their status, and who is fully authorized to carry out said procedure.

Minimum content of the request for issuance of the work history report Art. 6.- The request for issuance of the HL report must contain at minimum the following information:
a) b) Sequential number of the request; c) The date of the request, with the d) Full name; e) f) Sex; g) Full name of both parents, where applicable; h) Affiliation number to ISSS or INPEP, as appropriate; i) Identity Document (DUI, Passport or Resident's Card), as appropriate; j) Notification address; k) Email; l) Landline or mobile phone number; m) Reason for the request, which may be:
i. Old age benefit;
ii. Disability pension;
iii. Survival pension;
iv. Benefit for serious illness or grave terminal illness, refund of balance to Salvadorans residing abroad or refund of balance to foreigners; and
v. Other.
n) Information on labor background, indicating if they contributed to ISSS, INPEP or both; o) Signature of the affiliate or beneficiary in physical requests. In cases where the procedure is carried out through electronic channels, authentication of the affiliate or beneficiary will be necessary, according to the manner established by the UAIHL; and p) Name of the UAIHL person receiving the request, and date of receipt. Likewise, the detail of the labor information can be incorporated in which the employer or employer, start date and end date of labor, position and form of payment are indicated, as well as Annexes, which can be documents that prove the information of the times worked by the affiliate.

On the issuance process of the work history
Art. 7.- The UAIHL must process each of the requests within the deadline indicated in article 9 of these standards, for which the following process must be followed:
a) The affiliate's information in the database of the System for the Administration of the Work History (SAHL) must be updated, to carry out an adequate recognition of the periods contributed by the affiliate; b) A preliminary HL report must be provided to the affiliate or beneficiary, either physical or electronic, according to the process selected when presenting the HL issuance request. This preliminary report must be prepared based on the information that the UAIHL possesses in its records, the information that the affiliate or beneficiary presents in the request, and any documentary proof that the affiliate or beneficiary presents as annexes; c) The affiliate or beneficiary must review the information detailed in the report and express their agreement or disagreement with it, either physically or through the electronic medium facilitated by the UAIHL, to continue with the procedures before the corresponding Previsionary Institution or initiate the HL review procedure; d) In cases where the affiliate or beneficiary identifies any inconsistency in the preliminary report, they must inform the UAIHL that they will present a review request, for which they must follow the procedure established in Chapter III of these standards; e) If the affiliate or beneficiary is satisfied with the information contained in the preliminary HL report, the UAIHL must issue the definitive HL report, for authorization by the affiliate. In cases where the procedure is carried out through technological means, authentication of the affiliate or beneficiary will be necessary, according to the manner established by the UAIHL; and f) Once the HL is authorized by the affiliate or beneficiary, the UAIHL will make available, through the technological means it defines for such effects, the information to the corresponding Previsionary Institution.

Art. 8.- The HL report must specify at minimum, the following information:
a) Date and time of issuance; b) Name of the affiliate to the SPP or SAP; c) Identification if it is a preliminary or definitive HL; d) Identification of the UAIHL person who issued it; and e) Detail of the registered contribution, specifying the following:
i. Contribution period in the format yyyy/mm;
ii. Employer name;
iii. Days contributed;
iv. Base salary for contribution;
v. Status of the contribution; and
vi. Identification if annex documents were presented.
Likewise, information regarding the HL issuance request number, identity document number and date of birth of the affiliate or beneficiary may be added.

Deadline for delivery of the work history report Art. 9.- HL report requests must be resolved within a maximum of sixty business days by the UAIHL.

CHAPTER III
ON THE REVIEW OF THE WORK HISTORY

On the request for review of the work history
Art. 10.- In cases where the affiliate or beneficiary does not agree with the information recorded in the preliminary HL issued, they must present at the UAIHL in person or through technological means, the request for review of the work history. Affiliates or beneficiaries will have one year from the receipt of the preliminary HL report to present the HL review request to the UAIHL; once this period has elapsed, the UAIHL will proceed to close the process initiated by the affiliate or beneficiaries.

Art. 11.- The UAIHL must provide advice to the affiliate or beneficiary for filling out the request, regarding the review of their HL report and about the documents they must present to prove the service times that do not appear accredited or that present erroneous information, in accordance with article 20 of the SP Law.

Minimum content of the request for review of the work history Art. 12.- The HL review request must contain at minimum the following information:
a) Review of the Work History in the Pension System b) Sequential number of the request; c) d) Full name; e) f) Sex; g) Full name of both parents, where applicable; h) Affiliation number to ISSS or INPEP, as appropriate; i) Identity Document (DUI, Passport or Resident's Card), as appropriate; j) Notification address; k) Email; l) Landline or mobile phone number; m) Reason for the request, which may be:
i. Old age benefit;
ii. Disability pension;
iii. Survival pension;
iv. Benefit for serious illness or grave terminal illness, refund of balance to Salvadorans residing abroad or refund of balance to foreigners; and
v. Other.
n) Information on labor background, indicating if the affiliate contributed to the ISSS, INPEP or both; o) Detail of the inconsistencies identified in the preliminary HL report issued:
i. Periods worked that do not appear in the report;
ii. Periods worked that appear in the report, but do not correspond to the affiliate;
iii. Duplication of information;
iv. Registered salary differs from the real amount; and
v. Others
p) Space for additional observations; q) Signature of the affiliate or beneficiary in physical requests. In cases where the procedure is carried out through electronic channels, authentication of the affiliate or beneficiary will be necessary, according to the mechanisms established by the UAIHL; and r) Name of the UAIHL person receiving the request, and date of receipt.

Art. 13.- If the affiliate or beneficiary does not have sufficient information for filling out the request, it will suffice to complete the information regarding the identification of the affiliate and the missing periods or the detail of the identified inconsistency. The above does not exempt the UAIHL from carrying out the search for the corresponding contributions to remedy the inconsistencies and resolve the HL review request.

Art. 14.- If the affiliate or beneficiary requests the review of contributed salaries, they must specify, in the HL report, alongside the claimed month, the amount of the correct salary. Such report must be attached to the HL review request.

Art. 15.- Affiliates or beneficiaries, in order to facilitate the search for information and reduce the response time on the part of the UAIHL, may present documentary evidence of the claimed periods, in accordance with Chapter IV of these Standards.

Art. 16.- In order to resolve HL review requests, both for affiliates to the SPP or SP and for beneficiaries, the UAIHL must verify in coordination with the SPP Previsionary Institutes in the documentary archives and microfilm, the periods and salaries claimed. After said verification has been carried out, the mechanisms established in this Chapter of these Standards may be applied again, provided that it is appropriate according to the information found or the new information provided by the affiliates or beneficiaries.

Deadline for resolution of work history review request Art. 17.- The UAIHL must resolve HL report review requests within a maximum period of sixty business days, counted from the date of receipt thereof. Once the HL review request is resolved, the UAIHL must issue the HL again to the affiliate or beneficiary.

CHAPTER IV
MECHANISMS TO COMPLEMENT THE INFORMATION OF THE WORK HISTORY DATABASE

Update of affiliation data
Art. 18.- The database information that identifies the affiliate must be updated according to the identity documents presented by the affiliate or their beneficiary.
In case the affiliate possesses or is identified with more than one name, two or more affiliation numbers, these must be associated for the same affiliate, in such a way that their affiliation record and their work history are consolidated and identified with a single Identity Document.

Accreditation by probative documentation
Art. 19.- All periods and salaries that are proven through the documentation established in articles 28 and 29 of these Standards will be accredited.

Accreditation by association of contributions
Art. 20.- With the information provided by the affiliate or beneficiary, those contributions that are proven to have been reported only with name, lacking affiliation number, registration or Identity Document, must be identified and accredited. The accreditation must be carried out through a search procedure by name, year, period and employer, to then associate the contributions with the respective affiliation number, registration or Identity Document.

Accreditation by additional information sources Art. 21.- For affiliates who contributed to ISP, the Database can be complemented with information from the ISSS Health Regime, or with information obtained from the different databases of labor records provided by Public Institutions.

Accreditation by reference periods
Art. 22.- The Database can be complemented through accreditation of gaps between two reference periods, reported by the same employer. This mechanism can be used to remedy gaps in times prior to May 1998.

Art. 23.- Accreditation by reference periods will be understood as when, a gap detected between two reference periods, called A and B (being A earlier than B and both reported by the same employer), the missing months are assigned, with the salary that appears recorded in reference period A and with the days that correspond to the months that are accredited. In no case can the periods accredited through this mechanism become reference periods for future accreditations.

Criteria for accreditation by reference periods Art. 24.- To remedy ISSS information gaps, accreditation by reference periods will be applied, provided that the maximum number of months to be accredited between reference periods is three. Notwithstanding the provision in the previous paragraph, accreditation by reference periods can be applied regardless of the number of months constituting the gap for the time ranges detailed below:
a) December 1973 to December 1974 b) December 1975 to October 1976 c) December 1983 to July 1984.

Art. 25.- INPEP information gaps can be completed through accreditation by reference periods, according to criteria established for different time ranges, according to the following table:
Table 1. Criteria for accreditation by reference periods (INPEP)
Time Range Missing periods are accredited when the maximum number of months between reference periods is From 1965 to 1975 6 From 1976 to 1984 4 From 1985 to 1997 3 December 1997 to May 1998 4

Search in documentary archive
Art. 26.- The information that cannot be completed from the mechanisms described in this chapter, but that the affiliate affirms they contributed, must be verified in the documentary archives and microfilm of the Previsionary Institutes.

Request for information to employers
Art. 27.- Exhausted the previous mechanisms, the Previsionary Institutes, the AFPs, the

affiliates or their beneficiaries may request employers for information to verify the declaration and payment of pension contributions. Employers must provide this documentation within fifteen business days following the request.

The Pension Institutes must inform the Superintendency about non-compliance with the provisions of the preceding paragraph, in order to follow the corresponding legal actions.

Of the verification of service times

Art. 28.- The admissible documentation to verify service times and quoted salaries for persons who worked in the public sector shall be:
a) Photocopy of the payroll, certified by the competent official of the Institution; b) Service time report, issued and certified by the Court of Accounts of the Republic; c) Report on contributions, issued and certified by the Archive and Microfilm Department of the ISP; d) Copy of the service time card of public employees, certified by the Archive and Microfilm Department of the ISP or by the Court of Accounts of the Republic; cards issued by other public sector institutions, certified by the competent officials, will also be accepted; e) Certificate of work periods issued by the Public Institutions where the affiliate worked, issued by the competent official for this purpose. In the event that the Public Institution referred to in the preceding paragraph no longer exists, it will be the responsibility of the Institution that retains the documentation related to the service times to issue the certificate, in which the periods worked, salaries, and unpaid leaves must also be specified;

This certificate must specify periods worked, salaries, and unpaid leaves.

f) Certificate of Rights and Contributions issued by the ISSS, in which the days and salaries quoted to the Health Regime appear; g) Original copies of Official Diaries or the respective photocopies, in which the agreements on appointments, increases, transfers, and, in general, the administrative act to be verified are published.

Art. 29.- The admissible documentation to verify days and quoted salaries for persons who worked in the private sector shall be any of the following:
a) Photocopy of the pension contribution payroll, documentary or summary, in which it is stated that it has been paid. When the payroll consists of more than two pages, the page on which the affiliate was reported may be admitted, plus the page of the payroll in which it is stated that it has been paid;

CNBCR-11/2022
NSP-74
TECHNICAL STANDARDS FOR REQUESTING THE ISSUANCE, DELIVERY AND REVIEW OF THE LABOR HISTORY IN THE PUBLIC PENSION SYSTEM Approval: 30/12/2022 Validity: 30/12/2022

b) Record of contributions made to the ISSS; c) Certificate of Rights and Contributions issued by the ISSS, in which the days and salaries quoted to the Old Age, Disability and Survival Regime up to April 1998 appear; d) Certificate issued by a competent official of the ISSS or proof of payment, of the temporary disability subsidies, corresponding to the period to be verified; e) ISSS Inspection Reports, in which the labor relationship, salaries, and quoted periods have been established.

Veracity of the information

Art. 30.- With respect to the information referred to in Articles 28 and 29 of these Standards, the affiliate or beneficiary shall be responsible for ensuring that it is truthful; otherwise, they shall be subject to the corresponding criminal or administrative actions, in accordance with the applicable laws.

Of the database

Art. 31.- The information contained in the Database shall be considered as the official source that verifies the registration of salaries and service times quoted or recognized in favor of a worker.

Art. 32.- The information contained in the Database will serve for the calculation of the CT and for the old age, disability, and survival benefits that generate affiliates to the PPS and the SP. Likewise, it will serve to calculate the period for which an affiliate to the PPS may voluntarily contribute to meet the time requirements for retirement.

Art. 33.- The information in the Database shall be provided only to affiliates or their beneficiaries and may not be used for purposes other than pension-related ones.

CHAPTER IV
OTHER PROVISIONS AND VALIDITY

Art. 34.- The UAIHL must have contingency mechanisms to generate HL reports, in those cases where the Database cannot be consulted.

Sanctions

Art. 35.- Non-compliance with the provisions contained in these Standards shall be sanctioned in accordance with what is established in the Law on Supervision and Regulation of the Financial System.

Repeal

Art. 36.- These Standards repeal Instructive No. SP-01/2002 by

CNBCR-11/2022
NSP-74
TECHNICAL STANDARDS FOR REQUESTING THE ISSUANCE, DELIVERY AND REVIEW OF THE LABOR HISTORY IN THE PUBLIC PENSION SYSTEM Approval: 30/12/2022 Validity: 30/12/2022

the Superintendencia de Pensiones whose Organic Law was repealed in accordance with Legislative Decree No. 592 which contains the Law on Supervision and Regulation of the Financial System, published in the Official Diary No. 23, Volume No. 390, dated February 2, 2011.

Unforeseen Aspects

Art. 37.- Aspects not provided for in regulatory matters in these Standards shall be resolved by the Central Bank through its Standards Committee.

Validity

Art. 38.- These Standards shall enter into force from the Repeal of the Regulation for the Administration and Complementation of the Database of the Labor History of the Public Pension System approved by Executive Decree No. 83 of October 4, 2002, published in the Official Diary No. 186, Volume No. 357, of the seventh of the same month and year.