Retirement AFP: the way to access the new retirement of the pension fund in 2022

Retirement AFP: the way to access the new retirement of the pension fund in 2022

When will the ? The Committee on Economy, Banking, Finance and Financial Intelligence of Congress approved the ruling that authorizes AFP affiliates to withdraw up to 4 tax tax units (UIT) from their pension fund, which is equivalent to S/18,400, but that does not means I’m either a law. To do this, you must complete a series of steps.

MORE INFORMATION: What do the experts think about a sixth withdrawal of the AFP?

The text of the legislative working group was approved on Tuesday, April 12, with 9 votes in favor, one against and two abstentions.

Now the procedure must follow its regular course and, if the rule is approved, it will be the sixth withdrawal of funds from the AFPs. The first approved in 2020, as a mechanism to alleviate the economic crisis derived from the coronavirus pandemic.

WHAT IS MISSING FOR THE SIXTH WITHDRAWAL OF FUNDS FROM THE AFP TO BE APPROVED?

In order to access a new withdrawal of funds, the following must be met:

  • The opinions in majority, according to they need to be signed by at least the majority of the parliamentarians present at the time of the vote and by the members who decide to sign them later, even before being considered by the board of directors.
  • The text must be delivered to the Board of Spokespersons so that the opinion is included in the plenary session of Congress. (This would be after the Easter holiday and the week of performance)
  • The opinion must be published on the Congress website, in its gazette or in the Official Gazette A Peruvian man. What essential requirement for its debate in the plenary session of Parliament. It must be done at least 7 days before the debate in plenary session, unless the Board of Spokespersons waives the deadline with the vote of three-fifths of its members.
  • Once the topic is included in the agenda of the plenary session, the opinion must be submitted for debate and vote. For its approval, it needs the votes in favor of 50% + 1 of the congressmen.
  • A second vote should be called, but congressmen can request exemption from that procedure.
  • Once approved, the autograph of the approved law must be sent to the President of the Republic for promulgation within a period of 15 working days. If he has no observations, the President of the Republic promulgates the law, ordering its publication in the Official Gazette El Peruano.

What happens if the Executive observes the legislative project?

  1. If the Executive presents any observations on the proposal approved by Congress, it has 15 days to submit them to Congress.
  2. If the term of 15 days has elapsed, the President of the Republic does not promulgate the bill sent, it is promulgated by the presidency of Congress.
The plenary session of Congress must approve the initiative (Photo: Congress)

WHEN WILL THE SIXTH WITHDRAWAL OF FUNDS FROM THE AFP BECOME LAW?

The sixth withdrawal of contributions to the AFPs would become a law from the day after its publication in the Official Gazette A Peruvian manexcept for a different provision of the same law that establishes a longer period of legal vacancy in whole or in part.

HOW MANY HAVE BEEN THE EXTRAORDINARY WITHDRAWALS OF THE AFPs APPROVED IN THE PANDEMIC?

The Peruvian State approved five withdrawals of AFP funds since the start of the pandemic. These are:

  • The Emergency Decree 034-2020, of April 1, 2020, established the one-time extraordinary withdrawal of up to 2,000 soles from their Individual Capitalization Account (CIC), provided that, until March 31, 2020, they did not have accreditation of mandatory pension contributions to said account, for at least six consecutive months. The delivery was made in April.
  • Law 31017, of April 6, 2020, authorized, on a voluntary and extraordinary basis, to withdraw up to 25% of the total funds accumulated in your Individual Capitalization Account, establishing the maximum withdrawal amount as the equivalent of 3 UIT and as minimum withdrawal amount equivalent to 1 UIT.
  • Emergency Decree 038-2020, of April 13, 2020, included a new extraordinary withdrawal from the AFPs for those who had entered Perfect Labor Suspension (SLP), excluding the universe of people included in DU 034-2020. It facilitated the withdrawal of up to S/2,000 from the Individual Capitalization Account (CIC).
  • Law 31068, of November 4, 2020, which authorized the extraordinary withdrawal of SPP affiliates who until October 31, 2020 did not have proof of pension contributions to the Individual Capitalization Account for at least twelve consecutive months, could optionally withdraw up to 4 UIT of the total of your accumulated funds. The rule was not applicable to those who qualified to access the Early Retirement Scheme for Unemployment.
  • Law 31192, of May 6, 2021, extraordinarily authorized all members of the Private Pension Fund Administration System to optionally withdraw up to 4 UIT of the total funds accumulated in their Individual Capitalization Account. It was not applicable to those who qualify to access the Early Retirement Scheme for Unemployment.

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