Technical Standards for the Expansion of Attention Channels in Pension Systems Through Technological Means

NSP-68
ATTENTION IN PENSION SYSTEMS THROUGH TECHNOLOGICAL MEANS Approval: 12/30/2022 Validity: 12/30/2022

THE COMMITTEE OF STANDARDS OF THE CENTRAL RESERVE BANK OF EL SALVADOR,

CONSIDERING:
I. That by Legislative Decree No. 614, dated December 20, 2022, and published in Official Diary 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 27 of the Comprehensive Law of the Pension System establishes that, for the exercise of operations authorized to Administrators in said Law, electronic channels, digital media, or any other technological means may be used, in accordance with what is established by Technical Standard issued by the Committee of Standards of the Central Bank.
III. That Article 159 of the Comprehensive Law of the Pension System establishes that the Central Reserve Bank of El Salvador will issue the Technical Standards necessary to allow the development of what is established in the referred Law.
IV. That Article 1 literal a) of the Electronic Signature Law establishes that the object of that Law is to equate simple electronic signature and certified electronic signature with handwritten signature.
V. That Article 6 of the Electronic Signature Law establishes that the simple electronic signature will have the same legal validity as the handwritten signature.
VI. That Article 7 of the Electronic Signature Law establishes that the data message using certified electronic signature, regardless of its transmission or storage medium, will have the same legal validity equivalent to the content of those emitted conventionally; that is, that they are granted, stored, or transmitted by physical means.
VII. That Article 18 of the Administrative Procedures Law establishes that the bodies of the Public Administration may use information and communication technologies to carry out procedures, diligences, notifications, summonses, or requirements, provided that said technological means enable the issuance of a certificate, offer guarantees of authenticity, confidentiality, integrity, efficacy, availability, and conservation of information, and are compatible with the nature of the procedure to be carried out.
VIII. That Article 19 of the Administrative Procedures Law establishes that documents issued by the bodies of the Public Administration through information and communication technologies will enjoy the validity of an original document, provided that its authenticity, integrity, and conservation are guaranteed, and that the requirements and guarantees established by the relevant legislation are met. For this purpose, the Public Administration may use any of the forms of electronic signature or authenticity mechanisms.
IX. That it is favorable to implement measures that facilitate access to pension services through electronic channels, digital media, or any other technological means.

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

TECHNICAL STANDARDS FOR THE EXPANSION OF ATTENTION CHANNELS IN PENSION SYSTEMS THROUGH TECHNOLOGICAL MEANS

CHAPTER I
OBJECT, SUBJECTS, AND TERMS

Object
Art. 1.- These Standards aim to regulate the use of technological means for the attention of natural or legal persons who use or are interested in the services of the Pension System, as well as the Public System and the Pension Previsional System, continuity of processes, and compliance with legal and regulatory obligations through said technological means. The use of technological means will be at the choice of affiliates, pensioners, or beneficiaries without this generating an additional cost for them. Likewise, it does not exempt Pension Institutions from the obligation to provide in-person attention through agencies, offices, delegations, or points of attention open to the general public.

Subjects
Art. 2.- The subjects obliged to comply with the provisions established in these Standards are the following:
a) Pension Fund Administrators; b) Salvadoran Institute of Pensions; c) Social Prevision Institute of the Armed Forces; and d) Salvadoran Institute of Social Security (ISSS), with respect to the Invalidity, Old Age, and Death Regime, administered by the ISSS Pension Unit. (1)

Terms
Art. 3.- For the purposes of these Standards, the terms indicated below have the following meaning:
a) AFP: Pension Fund Administrator; b) Central Bank: Central Reserve Bank of El Salvador; c) Committee of Standards: Committee of Standards of the 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; (1) e) Entity: Subject obliged to comply with these Standards; (1) f) Work History: Work History of the Public Pension System; (1) g) Pension Institutions: Pension Fund Administrators, Salvadoran Institute of Pensions, Social Prevision Institute of the Armed Forces, and the Salvadoran Institute of Social Security; (1) h) SP Law: Comprehensive Law of the Pension System; (1) i) Technological Means: Mechanism, installation, application, equipment, or system that allows producing, storing, processing, or transmitting data or information; including any open or restricted communication networks such as Internet, fixed and mobile telephony, or others; (1) j) Superintendence: Superintendence of the Financial System; and (1) k) Comprehensive Work History Attention Unit: Office that centralizes the issuance of the Work History that certifies based on time of service and contributions made to Pension Institutions. (1)

CHAPTER II
ON THE USE OF TECHNOLOGICAL MEANS

Use of technological means
Art. 4.- Pension Institutions may use technological or digital means in order to expand attention channels to natural or legal persons interested in the services provided by the Pension System, provided that in these procedures the issuance of a certificate, backup, or record is enabled considering guarantees of authenticity, confidentiality, integrity, availability, and conservation of information, and are compatible with the nature of the requirements established in the corresponding Law to carry out the procedure.

Admissibility of the use of technological means Art. 5.- The use of these channels or means indicates that the Pension Institution has previously analyzed the application of the same to each operation or procedure in particular, considering elements of its security, confidentiality of information, and the application of risk management controls associated with the processes carried out in compliance with legal requirements to access them. Notwithstanding the above, the Pension Institution will be empowered to request that natural or legal persons interested in the services provided by the Pension System present physical documents in exceptional cases and at any time during the process.

Authentication mechanisms
Art. 6.- Pension Institutions may use any of the authentication mechanisms or electronic signature for the purpose of validating the identity of the interested party in all processes carried out through technological means.
These means may be used provided that the corresponding Law does not establish a contrary provision regarding this; in case the Laws establish the use of the handwritten signature, Pension Institutions may use any of the forms of electronic signature.

Art. 7.- Pension Institutions are obliged to guarantee that acts of communication and acceptance have been received by the natural or legal persons interested in the services provided by the Pension System, and in cases where consent is required, that the manifestation of will comes from them, complying with the principles and requirements established in the Laws applicable to the technological or digital means used as attention channels. To safeguard the legal security of natural or legal persons interested in the services provided by the Pension System, documents issued in these operations or procedures must consider among their characteristics authenticity, integrity, and conservation of information and comply with the requirements established in the Laws for such effect. In addition to considering the probative value that the legislation grants to means of reproduction of sound, voice, data, or image and data and information storage resources. Regarding the term for the safeguarding of information, this will be determined by each Pension Institution considering the legislation applicable to it in attention to its nature.

CHAPTER III
ON THE PROOF OF SURVIVAL, STUDENT QUALITY, AND WORK HISTORY (1) Art. 8.- For the specific cases of: proof of survival, proof of student quality, and request for Work History through the use of technological means, they will also be made in accordance with what is established in this Chapter, always considering guarantees of authenticity, confidentiality, integrity, availability, and conservation of information. (1)

On the proof of survival
Art. 9.- Pension Institutions may carry out the proof of survival, necessary for the enjoyment of some benefits, through communication means such as telephone calls, video calls, or biometric mechanisms, with the object that pensioners or beneficiaries can continue enjoying the benefits that the SP Law grants them, without the need to travel to agencies or offices. For the implementation of this method of proof of survival, Pension Institutions must request from pensioners or beneficiaries for validation purposes, the following information:
a) Name of the pensioner; (1) b) Identity Document of the pensioner; (1) c) Type of pension: Invalidity, old age, or survival (widowhood, orphanhood, or ascension); (1) and d) Personal data (Address and phone, both personal and work, email, among others). (1) Pension Institutions may request any other information they consider necessary for the validation of the proof of survival. For the compliance of this article, Pension Institutions must disseminate through the communication means they consider pertinent, the process of proof of survival for the purpose that it is known by the pensioners.

Art. 10.- Repealed. (1)

Art. 11.- Repealed. (1)

Alternative means for compliance with proof of student quality for survival beneficiaries Art. 12.- Survival pension beneficiaries over 18 years old, who must prove their student status, may present the information and documentation required for the proof of such quality through the technological means made available by Pension Institutions. Reconstruction of the Work History of the Public Pension System (1) Art. 13.- Requests for Work History for affiliates who meet the legal age to access benefits for old age, invalidity, or survival, may be managed through the technological means made available by the Comprehensive Work History Attention Unit. (1) For these cases, affiliates or beneficiaries must request the reconstruction of the Work History by providing the data that the Comprehensive Work History Attention Unit requires. The affiliate or beneficiary, through email or other technological means, must manifest their authorization of the registered times to continue with the procedures before the corresponding Pension Institution. In cases where the affiliate or beneficiary is not in agreement with the times registered in their Work History report or considers that they are not complete, they must contact the Comprehensive Work History Attention Unit to initiate the review procedure of the same.

CHAPTER IV
OTHER PROVISIONS AND VALIDITY

Internal controls
Art. 14.- The implementation of the provisions contained in these Standards will imply the application of measures that allow the correct identification of interested parties in the processes, the safeguarding of information sent by natural or legal persons interested in the services provided by the Pension System, for the purpose of safeguarding their right to privacy. Pension Institutions may use microfilm, optical discs, magnetic media, technological means, or any other means that allows archiving documents and information, with the object of conserving records, documents, and reports in an efficient manner. Internal Audit Art. 15.- The Internal Audit Unit must consider in its annual work plan, the evaluation of compliance with the provisions of these Standards.

On external auditors
Art. 16.- The external auditors of the entity must include in their periodic evaluation, the review of the processes associated with the implementation of technological or digital means in accordance with what is established in the [NRP-24] (18), issued by the Central Bank through its Committee of Standards.

Risk management
Art. 17.- For an efficient management of risks associated in the identification of natural or legal persons interested in the services provided by the Pension System, the use of technological and digital means in the services provided by Pension Institutions must observe what is established in the Technical Standards for the Management of Money Laundering and Assets, Terrorism Financing, and Financing of the Proliferation of Weapons of Mass Destruction Risks (NRP-36)

• Security of the
• [NRP-24], issued by the Central Bank through its Committee of Standards.

Sanctions
Art. 18.- Non-compliance with the provisions contained in these Standards will be sanctioned in accordance with what is established in the Law of Supervision and Regulation of the Financial System.

Transitory
Art. 19.- AFPs will have a period of 90 days to make the corresponding adjustments related to the substitution of the Unique Pension Number by the Identity Document Number in Systems, forms, or others in which they apply said change.

Repeal
Art. 20.- [NRP-34] for the Expansion of Attention Channels in Pension Systems Through Technological Means, approved by the Central Bank through its Committee of Standards, in Session CNBCR-22/2020 dated December 16, 2020.

Unforeseen Aspects
Art. 21.- Aspects not provided for in regulatory matters in these Standards will be resolved by the Central Bank, through its Committee of Standards.

Validity
Art. 22.- These Standards will enter into force from the thirtieth of December of two thousand twenty-two.

MODIFICATIONS:
(1) Modifications approved by the Committee of Standards of the Central Reserve Bank of El Salvador in Session No. CN-01/2023 of January 26, two thousand twenty-three, with validity from January 26, two thousand twenty-three.