AFP Retirement: What happens if an affiliate maintains maintenance obligations or judicial withholdings?

The Congress of the republic insistently approved the law that approves the AFP withdrawal of up to 4 UITs and since May 27 affiliates can now submit their requests to the companies that manage the funds. If you have verified that you meet the requirements and, finally, you will request the withdrawal of up to four tax units (UIT) from your pension fund, you must read this note.

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But, what happens if the member maintains maintenance obligations that he has not complied with? What happens if he has legal or conventional withholdings related to food? Are the disbursements not intangible?

Although disbursements have the “intangible” conditionTherefore, they cannot be discounted or withheld to cover the debts that the affiliates have with a financial institution, the withholding will apply in a specific case.

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In what case? Only part of what is requested can be deducted from those affiliates who have judicial or conventional withholdings for maintenance debts.

For these cases, according to the operating procedure approved by the SBS for the optional withdrawal of funds established in Law No. 31192, the four pension fund administrators (AFPs) in the market will be responsible for carrying out the judicial or conventional retention up to a maximum of 30% of the requested amount.

Said retention will apply in each of the three sets. In this regard, the SBS explains that due to the extraordinary withdrawal laws, “the AFPs must register the withholdings established by the Law, as they are notified of the judicial decisions, which allows each payment for the withdrawal request to be made by a member, is subject to said withholding (maintenance debts) ”.

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The AFPs themselves will be in charge of making the withholding to cover the legal or conventional debt that the affiliate has in matters of food. (Photo: Andina)

STEPS TO REGISTER

You must enter the platform www.consultaretiroafp.pe which is administered by the AFP Association (AAFP) and groups together the four pension fund administrators (AFP) that exist in the market: Habitat, Integra, Prima y Profuturo.

Once on the platform, towards the right side of the screen, in the segment Withdrawal of up to S / 17,600 (4 UIT – Law No. 31192)You must choose the option ‘Request withdrawal’ and complete the form with all the requested information: type and number of the document, verification digit (for those who register a DNI) and date of birth.

Additionally, you will have to verify your identity by entering the following information from your ID: date of issue, expiration date and voting group.

After completing that first part of the application, they will show you your available balance for withdrawal and you will have to enter the amount you wish to withdraw. Then you will complete the data related to the payment method and to finalize your registration request, you will be asked for your contact information (email and cell phone number).

WITHDRAWAL SCHEDULE AND SCALE

As pointed out Law No. 31192 that authorizes the withdrawal of the 4 UIT, the period for accessing this benefit is extended within 90 calendar days after the entry into force of the regulations of said law, so it will expire on August 24.

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To apply to the withdrawal of up to 4 UIT, the payment will be made in up to three disbursements: the first, for up to 1 UIT (S / 4,400), 30 calendar days after the application is submitted. The second, for up to 1 UIT (S / 4,400), 30 calendar days after the first disbursement.

And, the third disbursement, this time for up to 2 UIT (S / 8,800), will materialize 30 calendar days after the second disbursement. But, If your pension fund is less than one UIT (S / 4,400), you will be able to withdraw all of said fund in a single disbursement.

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