On Wednesday, April 4, the plenary session of Congress approved the opinion that authorizes the optional withdrawal of up to 4 tax units (UIT) or S / 18,400 for all members of the Pension Fund Administrators (AFP). The bill received 107 votes in favor and eight against.
What is the proposal?
The proposal approved in plenary was the one drawn up by the Economy Commission, approved on April 12. This proposed that all affiliates, whether they are active contributors or not, can withdraw their money from the fund.
This detail marks a difference with the opinion approved last Tuesday in the Labor Commission, which establishes the same withdrawal amount, but only in the cases of people who do not have three consecutive months of contributions to the system.
In this regard, Joaquín Rey, spokesman for the AFP Association, points out that the approved measure would represent a disbursement of up to S/ 31 million.
When does the withdrawal of funds take effect?
The bill must be sent to the President of the Republic for promulgation within 15 working days. Then, it will be reviewed by the Executive.
If he has no observations, the president promulgates the law, ordering its publication in the official newspaper El Peruano. But, if any observation to the opinion is presented, the President has 15 days to present it to Congress. If, after the 15-day period, the Executive does not formalize the proposed law sent, Congress can promulgate it by insistence.
Once the opinion receives the approval of the Executive, it may be published in the Diario El Peruano and will enter into force, with which the deadlines will be announced.
However, the proposal establishes that the disbursement will be made in three parts as follows:
- First disbursement of up to 1 UIT: within a maximum period of 30 calendar days after submitting the request to the AFP.
- Second disbursement of up to 1 UIT: Within a maximum period of 30 calendar days.
- Third disbursement for the remaining requested amount of up to 2 UIT: Within a maximum period of 30 calendar days.
How to request the AFP withdrawal?
The extraordinary withdrawal of funds is carried out as follows:
- Affiliates submit their application remotely, virtually or in person, and only once, within 90 calendar days after the regulations of this Law come into force.
- Up to 1 UIT will be paid every 30 calendar days, with the first disbursement being made 30 calendar days after the request has been submitted to the private pension fund manager to which the member belongs. This is applicable until the second disbursement and the rest will be delivered in the third.
- In the event that the member wishes to stop withdrawing the funds from his individual capitalization account, he may request it only once from the private pension fund manager 10 calendar days before the disbursement.