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Law Institute For Social Security And Services For State Workers

Original Language Title: Ley del Instituto de Seguridad y Servicios Sociales de los Trabajadores del Estado

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Law of the Institute of Safety and Social Services of State Workers

LAW OF THE INSTITUTE OF SECURITY AND SOCIAL SERVICES OF STATE WORKERS

Official Journal of the Federation on March 31, 2007

Last reform published in the DOF April 2, 2014

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.

FELIPE DE JESUS CALDERÓN HINOJOSA, President of the United Mexican States, to its inhabitants known:

That the Honorable Congress of the Union, has served to address the following

DECREE

"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, DECREES:

THE LAW OF THE STATE WORKERS ' SECURITY AND SOCIAL SERVICES INSTITUTE IS BEING SET UP.

Article Unique.- The Law of the Institute of Social Security and Services of State Workers is issued.

LAW OF THE INSTITUTE OF SECURITY AND SOCIAL SERVICES OF STATE WORKERS

TITLE FIRST

OF GENERAL PROVISIONS

Article 1. This Law is of public order, of social interest and of observance throughout the Republic, and will apply to the Dependencies, Entities, Workers Civil service, Pensioners and Family Members, from:

I. The Presidency of the Republic, the Dependencies and Entities of the Federal Public Administration, including the Institute itself;

II. Both chambers of the Congress of the Union, including deputies and senators, as well as the Workers of the Federation's Higher Taxation Entity;

III. The Judiciary of the Federation, including the ministers of the Supreme Court of Justice of the Nation, magistrates and judges, as well as councilors of the Federal Judiciary Council;

IV. The Attorney General's Office;

V. The autonomous courts;

VI. Organs with autonomy by constitutional provision;

VII. The Federal District Government, its administrative political bodies, its autonomous bodies, its Dependencies and Entities, the Federal District Legislative Assembly, including its deputies, and the Federal District's judicial body, including Judges, judges and members of the Federal District Council of the Judiciary, in accordance with their specific regulations and based on the agreements they conclude with the Institute, and

VIII. The governments of the other Federative Entities of the Republic, the local legislative and judicial authorities, the municipal public administrations, and their workers, in cases where they conclude agreements with the Institute in the terms of this Act.

Article 2. The social security of workers includes:

I. The mandatory regime, and

II. The voluntary scheme.

Article 3. The following insurance is mandatory:

I. Health, which includes:

a) Preventive medical care;

b) Medical and curative health care, and

c) Physical and mental rehabilitation;

II. Of job risks;

III. Retirement, advanced age and old age, and

IV. For invalidity and life.

Article 4. The following capabilities and services are mandatory:

I. Mortgage loans and financing in general for housing, in their modalities of acquisition in property of land or houses, construction, repair, extension or improvements thereof; as well as for the payment of acquired liabilities for these concepts;

II. Personal loans:

a) Ordinaries;

b) Special;

c) For the acquisition of durable consumer goods, and

d) Extraordinary for natural disaster survivors;

III. Social services, consisting of:

a) Programs and support services for the acquisition of basic and household products;

b) Tourist services;

c) Funeral services, and

d) Care services for child welfare and development;

IV. Cultural services, consisting of:

a) Cultural programs;

b) Educational and training programs;

c) Attention to retirees, Pensioners and the disabled, and

d) Sports Promotion Programs.

Article 5. The administration of insurance, benefits and services established in this order, as well as that of the Housing Fund, PENSIONISSSTE, of its delegations and of its other unconcentrated organs, will be in charge of the decentralized body with legal personality and own patrimony, called the Institute of Security and Social Services of the State Workers, with its registered office in Mexico City, Federal District, which has as its object to contribute to the welfare of the Workers, Pensioners and Family Rights holders, in the terms, conditions and modalities provided for in this Law.

Article 6. For the purposes of this Act, it is understood by:

I. Administrator, the retirement fund managers;

II. Contributions, the entire resources that cover the Dependencies and Entities in compliance with the obligations that this Law imposes on their Workers;

III. Insurer, insurance institutions authorized to operate pension insurance derived from social security laws;

IV. Individual account, the one that will be opened for each Worker in the PENSIONISSSTE or, if the Worker so chooses, in a Administrator, so that the quotas and contributions of the Subaccounts of the withdrawal, unemployment in age will be deposited in the same In addition, the Commission has been responsible for the development of the European Investment Bank and the European Investment Bank. The Commission is also responsible for the development of the European Investment Bank and the European Investment Bank. other resources that may be contributed to them;

V. Quotas, the whole to the social security that the Workers must cover according to the provisions of this Law;

VI. Social quota, the whole to the social security to be performed by the Federal Government, based on the provisions laid down in this Law;

VII. Dependencies, the administrative units of the Union Powers, the Attorney General's Office, the autonomous courts, the executive, legislative and judicial organs of the Federal District, as well as the units administrative entities of the Federative Entities and municipalities that are incorporated into the regime of this Law;

VIII. Right, to the Workers, Pensioners and Family Rights holders;

IX. Discount, the deductions ordered by the Institute to the perceptions of the Workers or Pensioners in connection with the obligations contracted by them, which must be applied by the Dependencies, Entities or the Institute itself, through its payslips;

X. Entities, decentralized agencies, majority state participation companies, and other Federal and Federal District State institutions, as well as the bodies of the Federal and Municipal Entities and public bodies which, by constitutional provision, have autonomy, which are incorporated into the regimes of this Law;

XI. Federative Entities, to the States of the Republic and the Federal District;

XII. Family members entitled to:

a) The spouse, or in the absence of it, the male or female with whom, the Worker or the Pensioned relative to the former, or the Worker or the Pensioner, with respect to the second, you have lived as if you were your spouse during the previous five years or with whom you had one or more children, provided that you both remain free of marriage. If the Worker or the Pensioner has multiple concubines or concubinals, as the case may be, none of these last two subjects shall be entitled to the insurance, benefits and services provided for in this Act;

b) The children of the Worker under the age of eighteen;

c) The children of the Worker or Pensioner over the age of eighteen, when they cannot support their own work due to a chronic illness or disability for physical, mental, intellectual or sensorial deficiencies, until the incapacity for which they suffer is not removed, which shall be checked by medical certificate, issued by the Institute and by legal means coming; or up to the age of Twenty-five years, after verification that they are carrying out upper or upper middle level, of any branch of knowledge in official or recognised plantings, and who do not have a job, and

d) Ascendients that are economically dependent on the Worker or Pensioned.

Relatives who are mentioned in this fraction will have the right that this Act establishes if they meet the following requirements:

1) That the Worker or the Pensioner is entitled to the insurance, benefits, and services outlined in this Act, and

2) That such family members do not themselves have their own rights to the insurance, benefits and services provided for in this Law, or to other similar rights in respect of health services, granted by any other institute of social security;

XIII. Fund, cash or in-kind resources that are integrated, invested and managed to ensure the insurance, performance and services of the Institute and support its Reserves;

XIV. IMSS, to the Mexican Social Security Institute;

XV. Institute, to the Institute of Safety and Social Services of State Workers;

XVI. The amount of money that is required to hire a Income or a Survival Insurance with an Insurance Company;

XVII. Pension or Retirement, Income or Scheduled Retirement;

XVIII. Pensioning, any person to whom this Law recognizes such a character;

XIX. Guaranteed pension, that which the State assures to those who meet the requirements to obtain a pension for unemployment in advanced age or old age, whose monthly amount will be the amount of three thousand thirty-four pesos with twenty cents, currency national, which shall be updated annually, in the month of February, in accordance with the annualised change of the National Consumer Price Index;

XX. PENSIONISSSTE, the National Pension Fund for Workers at the State Service, a deconcentrated organ of the Institute created in the terms of this Law;

XXI. Income, the periodic benefit that the Worker receives during his retirement or his or her family members, by virtue of the Pension Insurance contract that is concluded with the Insured of his or her preference;

XXII. Reserve, the accounting record on the Institute's liabilities reflecting the full and up-to-date quantification of its contingent and certain obligations;

XXIII. Retreat scheduled, the modality of obtaining a Pension by fractionating the total amount of the resources of the Individual Account, for which the life expectancy of the Pensioners will be taken into account, as well as the foreseeable yields of the balances;

XXIV. Minimum Wage, the monthly general minimum wage in force in the Federal District;

XXV. Insurance of Pension, the derivative of the laws of social security, which has as its object, the payment of the periodic Rentas during the life of the Pensioner or the one that corresponds to its Family Members

XXVI. Survival Insurance, the one who will hire the Pensioners for, retirement, unemployment in old age and old age, in favor of their Family Members to grant them the corresponding Pension, in case of death of the Pensioner;

XXVII. Sub-account, any of the Subaccounts of retirement, old age and old age, of the Housing Fund, of solidarity savings, supplementary contributions of retirement, voluntary contributions and long-term savings that make up the Individual Account;

XXVIII. Basic salary, as defined in Article 17 of this Law, and

XXIX. Worker, the persons referred to in Article 1. of this Law that provide their services in the Dependencies or Entities, by means of legal designation or appointment, or by being included in the lists of the temporary workers, including those who provide their services by contract staff subject to the common legislation, who receive their emoluments exclusively from the departure of contract fees, or who are included in the list of fees, provided that they have worked a full day in accordance with the general working conditions and the contract is for a minimum period of one year.

Article 7. The Dependencies and Entities shall report to the Institute on a monthly basis in the terms determined by the respective regulations, all information concerning the membership movements, salaries, salary changes, Discounts, successors, payroll, receipts, as well as certifications and reports and in general, all kinds of information necessary for the granting of insurance, benefits and services of the Institute.

Such information must be sent through electronic, magnetic, digital, optical or any nature in the terms determined by the Board of Directors. of the Institute in accordance with the respective regulations.

At all times, the Dependencies and Entities must issue the certificates and reports that are requested by both the stakeholders and the Institute and provide the files and data that the Institute itself requires of the Workers, exworkers and Pensioners, as well as the reports on the way in which the salaries of the Working Workers are integrated, their Contributions and Quotas, and they will appoint who are responsible for the fulfilment of these obligations.

The Institute reserves the right to verify the information received. In the event of a refusal, unjustified delay or where the information is supplied in an inaccurate or false form, the competent authority shall be responsible and impose any penalties corresponding to the terms of the applicable laws.

Article 8. Workers are required to provide the Institute and the Dependencies or Entities in which they provide their services:

I. The general information of persons who may be considered as family members, and

II. The documents and evidence to be requested, related to the application of this Law.

Workers will have the right to demand from the Dependencies or Entities the strict fulfillment of the obligations imposed on them by the previous article, as well as the one that the Institute registers them as well as their family members.

Article 9. The Institute shall issue to all the Right-holders of this Law, a means of identification to exercise the rights conferred upon them.

For these purposes, the Dependencies and Entities will be required to provide the Institute with the necessary supports in accordance with the guidelines issued by the Institute.

Article 10. The Institute will define the means to integrate a unique electronic file for each Dergohabeto.

The file will integrate everything relating to rights, history of listing, legal status, medical history, institutional credit history, as well as other concepts defined in the respective regulation.

The data and records that settle in the electronic file will be confidential and the disclosure of the same to third parties, without express permission of the authorities of the Institute and of the respective Right or without legal cause that justifies it, will be sanctioned in the terms of the current federal criminal law.

The authorized personnel for the management of the information contained in the electronic file, as well as the Successors, will have access to their information files by means of the mechanisms and rules established by the Institute.

The certification that the Institute issues in terms of the applicable provisions, through the competent administrative unit, based on the information provided in the electronic file referred to in this Article, shall have full legal effects for civil, administrative and judicial purposes.

The Worker and the Pensioner will be required to assist the Institute in keeping up with their electronic file and that of their family members. For this purpose, the Board of Directors shall include in the respective regulations provisions that encourage them to regularly present themselves to the facilities that the Institute determines to comply with this provision.

Article 11. In order for the Successors to use the insurance, benefits and services that correspond to them in terms of this Law, they must comply with the applicable requirements.

Article 12. The Dependencies or Entities shall find the quotas and contributions to the Institute, taking as a minimum basic salary the lower limit laid down in the Article 17 of this Law, even in the case of workers who have a lower income than that limit.

Article 13. The Institute will have electronic means that allow it to create an institutional database, which will contain the respective files of its Right-holders, which must give continuous access to the National Commission of the System of Savings for the Retreat and to the operating companies of the National Database SAR regulated in the Law of the Savings Systems for the Retreat, with the exception of the medical information of the Derechohabitants, which be reserved for the Institute.

Both the Dependencies and Entities, and the Successors, will have an obligation to provide the information that allows the files to be kept up to date. refers to this article, as established by the regulation governing the databases of Derechohabitants.

Also, the National Commission of the Savings System for the Retreat will be able to request the Dependencies and Entities, directly or through the operating companies of the National SAR Database, the information necessary to provide for the operation of retirement insurance, advanced age and old age.

The information to be delivered to the Institute, to the National Commission of the Retirement System for the Retreat and to the operating companies of the National Database SAR will be confidential, and therefore the disclosure of this to third parties without express authorization from the authorities of the Institute and the Defeat or without legal cause that justifies it, will be sanctioned in the terms of the current federal criminal law.

Article 14. The Institute will collect and classify information on the Successors, in order to formulate salary scales, means of duration of the services that this Law regulates, tables of mortality, morbidity and, in general, the statistics and actuarial calculations necessary to channel and maintain the financial balance of the resources and to comply adequately and efficiently with the insurance, services and services which it is the responsibility of the law to administer. Based on the results of the actuarial calculations to be carried out, the Federal Executive will have to propose any modifications that would be made.

Article 15. The Institute will design and implement, a performance evaluation system, based on which it will be able to define the policies and mechanisms of granting of insurance, benefits and services.

Article 16. The Pensioning that transfers your home address abroad will continue to receive your Pension, provided that the administrative costs of moving the funds respective corrran for the Pensioning account.

This provision will be applicable to insurance against work, disability and life, and retirement, advanced age and old age.

TITLE SECOND

OF THE MANDATORY REGIME

CHAPTER I

SALARIES, FEES AND CONTRIBUTIONS

Article 17. The basic salary to be taken into account for the purposes of this Act shall be the salary of the regional tab that has been designated for each post.

The contributions and contributions set out in this Law shall be made on the Basic Salary, with a minimum salary and a higher limit, the lower limit, the equivalent to ten times that Minimum Wage.

It will be the basic salary, up to the upper limit equal to ten times the Minimum Wage of the Federal District, which will be taken into account to determine the amount of the benefits in the insurance of the risks of work and invalidity and life established by this Law.

Dependencies and Entities shall report to the Institute annually, in the month of January of each year, the payment concepts subject to the Quota and Contributions that this Law previews. They shall also communicate to the Institute any modification of the payment concepts within the month following the date of such modification.

Article 18. Workers who perform two or more jobs in the Dependencies or Entities will cover their quotas on the entire Basic Wages. These are the same as those that will be taken into account to fix pensions and other benefits of occupational and disability insurance and life insurance.

The computation of the years of service will be considered only one of the jobs, even if the Worker had simultaneously performed several, whatever they are, as a result, the time during which the worker's character has been or has the character of the worker is considered for one time only.

Article 19. The separation by unpaid leave, and the one granted for sickness, or by suspension of the effects of the appointment in accordance with the applicable federal legislation, shall be computed as a time of service in the following cases:

I. When licences are granted for a period not exceeding six months;

II. When the Worker suffers from preventive imprisonment followed by absolute failure, while the deprivation of liberty lasts;

III. When the Worker is suspended in the terms of the final paragraph of Article 45 of the Federal Law of Workers to the State Service, under Rule 123 (B) of the Constitutional Law, for the duration of the Suspension and provided that it is authorized to resume work by executing award;

IV. When the Worker is suspended in the terms of the Federal Law of Administrative Responsibilities of the Public Servants, for all the duration of the suspension and provided that by firm resolution, the sanction or the measure is revoked Respective prudential, and

V. When the Worker obtains a favorable award, derived from a labor dispute, for all the time in which he was separated from the service.

In the cases mentioned in the previous fractions I and II, the Worker, must pay the whole of the Quota and Contributions established in this Law during the time The duration of the separation. If the Worker dies before resuming his duties and his or her family members have the right to a pension and they want to enjoy it, they must cover the amount of these quotas and contributions.

The contributions and quotas referred to in the preceding paragraph are those mentioned in this Law, except those of health insurance and the Housing Fund.

With regard to fractions III, IV and V, the Dependencies and Entities, when performing the liquidation for wages left to receive, or for fallen wages, they must to retain the corresponding quotas, and to do the same in respect of their contributions by entering both the Institute and, as far as retirement insurance, advanced age and old age insurance, the PENSIONISSSTE or the Administrator are concerned. operate the Individual Worker Account.

The contributions and quotas referred to in the preceding paragraph are those mentioned in this Law, except those of health insurance.

Article 20. When the Workers or Pensioners have not been made to the Discounts coming under this Law, the Institute will send a discount to a Thirty percent of the salary or pension while the debit is not covered. In case the omission is attributable to the Worker or Pensioner, it will be sent to discount up to fifty percent of the salary.

Article 21. The Dependencies and Entities subject to the regime of this Law have an obligation to withhold from the Worker's wages the equivalent of the Quota and Discounts to be covered by the Institute in accordance with the administrative provisions to be issued. If the quotas and discounts are not retained at the time of payment of the salary, those who are obliged to do so may only retain from this amount the accumulated amount equivalent to two contributions; the rest of the non-retained will be in their capacity.

The whole of the Quota, Contributions and Discounts, will be by fortnightly due and must be done in receiving entities acting on behalf and order of the Institute, by means of the computer systems or software to be established at the latest on the five days of each month for the second half of the preceding month and twenty of each month for the first half of the current month, except in the case of of the quotas and contributions to the retirement insurance, old age and old age and the Fund of Housing.

The whole of the quotas and contributions to the retirement insurance, old age and old age and the Housing Fund will be due to bimestres vanquished, at the latest the day seventeen of the months of January, March, May, July, September and November of each year and will be carried out through the computer systems or programs that, to this effect, determine the National Commission of the System of Savings for the Retreat.

Dependencies or Entities are required to use the computer systems or software referred to above to make the payment of the Quotas, Contributions and Discounts.

The Institute reserves the right to verify the information received. In the event of any errors or discrepancies that generate debits in favor of the Institute, they must be immediately covered with the updates and surcharges that correspond, in the terms of this Law.

Article 22. When the Dependencies and Entities subject to the regimes of this Law do not enter the Fees, Contributions and Discounts within the prescribed period, they must be covered from the date on which they were made payable in favour of the Institute or, in the case of retirement insurance, old age and old age, in favour of the worker, moratory interests at a rate of one point 25 times the Rate of Certificates of the Treasury of the Federation due to expire Twenty-eight days. They shall also cover the updating of such Fees, Contributions and Discounts, in the terms set out in the Tax Code of the Federation.

The owners of the Dependencies and Entities, their senior or equivalent officers, and the public servants responsible for holding the holds and discounts will be responsible under the terms of the Law, for acts and omissions resulting in the detriment of the Dependence or Entity for which they work, of the Institute, of the Workers or Pensioners, regardless of the civil, criminal or administrative in which they incur.

The omissions and differences that will result from the payments made, the Institute will notify them to the Dependencies and Entities, and the clarification or payment, within 10 working days of the date of the notification, otherwise they shall pay the update and surcharges referred to in this Article.

The Dependencies and Entities mentioned in this article will have a period of ten working days from the requirement formulated by the Institute, to perform before the Institute the corresponding clarifications.

Subsequently, the Institute will require the Federation's Treasury, the corresponding payments for the past due debits of the Dependencies and Entities with charge to your budget. The Treasury note shall check the origin of the debit and, where appropriate, make the whole corresponding to the Institute within a period of not more than five working days.

In the case of the United States of Federative Entities, of the municipalities, or of its Dependencies or Entities, the charge may be made directly to the units and federal transfers of such Federative Entities.

In no case will the waiver of debits for Quotas, Contributions and Discounts, its update and surcharges be authorized.

Article 23. The income from the Quota, Contributions and Discounts will not be concentrated in the Federation's Treasury, they will have to be Institute. In the case of the quotas and contributions corresponding to the retirement insurance, old age and old age, they will be deposited in the Individual Account of the Worker.

Article 24. The Secretariat of Finance and Public Credit will include in the necessary items the concept of quotas and contributions of this system at the time of the to examine the annual budgets of the Federal Public Administration's Dependencies and Entities. Likewise, the Secretariat of Finance and Public Credit will monitor the entire timing of the resources by the Dependencies and Entities, in the terms of this Law.

Article 25. In the event that any Dependence or Entity fails for more than six months on the whole of the Fees, Contributions and Discounts provided for in this Law, the Institute shall be obliged to make the relevant debit public.

After twelve months, consecutive or within a period of eighteen months, of partial or total non-compliance with the whole of Quota, Contributions and Discounts, the Institute may suspend, partially or totally, the insurance, benefits and services that correspond to the debit, for which it will suffice with a written notification to the holder of the respective Dependency or Entity with sixty days of anticipation. The Board of Directors and the Director-General of the Institute shall decide on the exercise of the suspension provided for in this paragraph.

In the case provided for in the preceding paragraph, the Dependence or Morose Entity will assume the responsibility and legal consequences resulting from the suspension of the benefits provided for in this Act.

Article 26. In case the Dependencies and Entities make the payment of quotas and excess contributions, they must compensate the amount of the excess against the amount from the next integer of Quota and Contributions. The above, without prejudice to the responsibilities of the officials of the Dependence or Entity. In the case of retirement insurance, old age and old age, the payment of excess quotas must not be reversed.

In case the Dependencies and Entities make the payment of quotas and contributions without legal justification, the refund will be subject to the procedure determined by the Institute. In the case of the quotas and contributions to the retirement insurance, old age and old age, and the solidarity savings sub-account, the procedure to be determined by the National Commission of the System of Savings for the Retreat, and in no Case will proceed with the return of updates or any accessory other than the nominal amount of the amounts paid without legal justification.

CHAPTER II

HEALTH INSURANCE

Section I

Generalities

Article 27. The Institute will establish health insurance that aims to protect, promote and restore the health of its successors, providing services of health with quality, opportunity and equity. Health insurance includes the components of preventive health care, medical care and maternity and physical and mental rehabilitation.

Article 28. The Institute will design, implement and develop its model and health programs in the field of demographic, socioeconomic and the epidemiological of their successors, and will create the necessary technical and financial monitoring tools to ensure their compliance.

For the purpose, the Board of Directors will approve the medical services regulations; measurement and evaluation of the medical and financial performance of health services of the Institute; incentives for the performance and quality of the medical service; financing of health service providers through management agreements; supply of prescriptions and supply of medicines; surplus capacity; Financial and actuarial reserves of health insurance and other that you consider relevant.

Article 29. The Institute will develop a health service provider function, through which the actions covered by this insurance will be carried out, to through the health service providers, in accordance with the procedures for service provided for in Sections III and IV of this Chapter. This function shall ensure that the Institute provides sufficient, timely and quality health services to prevent or improve their health and well-being.

The Institute will also develop a financial function of health services, which will manage this insurance, based on a system of evaluation and monitoring that qualify the above paragraph, propose budgetary allocations for results and seek their financial balance.

Article 30. The Board of Directors of the Institute will issue regulatory provisions for the regionalization of health services, considering criteria demographic, morbidity, demand for services, resolutive capacity and medical and financial efficiency, among others. In addition, rules and procedures shall be established for the due process of the provision of services, references and counter-references, subrogation of services and others deemed relevant.

Article 31. The medical services entrusted by the Institute in the terms of the chapters relating to occupational health and risk insurance, provide directly or through agreements concluded with those who provide such services, in accordance with the respective regulations. The agreements will preferably be held with public health sector institutions.

In such cases, the institutions that have signed these agreements will be obliged to respond directly to the services and to provide the Institute with the medical or administrative reports and statistics requested by them, subject to the instructions, technical standards, inspections and surveillance established by the same Institute.

The Institute, prior to the analysis of the supply and demand and its resolutive capacity, and once guaranteed the supply to its successors, will be able to offer to the health sector institutions the excess capacity of their health service providers, in accordance with the respective regulations.

In these cases, the Institute will determine the recovery costs that will guarantee the financial equilibrium.

Section II

From the Health Services Evaluation and Tracking Committee

Article 32. The Institute will establish a governing plan for the development and improvement of health infrastructure and services, which must be approved and periodically reviewed by the Board of Directors.

For this purpose, a Committee for Evaluation and Monitoring of Health Services will be established, which will be integrated in a joint manner with three representatives of the medical, administrative and financial institutions of the Institute and three representatives of the workers ' organizations.

The committee will have the functions of evaluating the results and proposing measures for the optimal provision of medical services; making recommendations for health service providers have the necessary resources and ensure the financial balance, with priority given to the issues of equipment, infrastructure and human resources; and to propose awards for performance, compliance with what is established by the regulation that for this purpose approve the Board of Directors.

Section III

Preventive Medical Care

Article 33. The Institute will provide preventive health care services to protect the health of the right-holders.

Article 34. Preventive medical care, in accordance with the programs authorized by the Institute on the subject, will address:

I. The control of vaccine-preventable diseases;

II. The control of communicable diseases;

III. Self-care programs and timely detection of conditions;

IV. Education for health;

V. Programs to combat drug addiction, alcoholism and smoking;

VI. Reproductive health and family planning;

VII. Child maternal care;

VIII. Oral health;

IX. Nutrition education;

X. Mental health;

XI. Primary health care;

XII. Healthy aging;

XIII. Prevention and rehabilitation of patients with reduced capacities, and

XIV. Other activities to be determined by the Board of Directors in accordance with the financial possibilities of health insurance.

Section IV

Medical and Maternity Care and Physical and Mental Rehabilitation

Article 35. Medical and curative health care, as well as rehabilitation care to correct physical and mental disability, will include the following: services:

I. Family medicine;

II. Specialty medicine;

III. Gerontological and geriatric;

IV. Traumatology and urgencies;

V. Oncology;

VI. Surgical, and

VII. Hospital extension.

Article 36. In case of illness the Worker and the Pensioner will have the right to receive medical care for diagnosis, treatment, dentistry, consultation external, surgical, hospital, pharmaceutical and rehabilitation that is necessary from the beginning of the disease and for the maximum period of fifty-two weeks for the same disease. The Medical Services Regulation will determine what is meant by the latter concept.

In the case of the sick, whose medical treatment does not prevent them from working, and in the case of Pensionados, the treatment of the same disease will continue until their healing.

Article 37. At the beginning of the disease, both the Worker and the Dependence or Entity in which they work, shall give written notice to the Institute, in accordance with the provisions to issue this effect.

When the disease makes it impossible for the Worker to carry out his or her work, he or she will be entitled to a paid leave or a salary paid by the employer. Dependency or Entity in which you work, as follows:

I. For workers who have less than one year of service, they may be granted leave for non-professional sickness, up to 15 days with full pay and up to a further 15 days with half a salary;

II. For those who have one to five years of service, up to thirty days with full pay and up to thirty days more with half a salary;

III. To those who have five to ten years of service, up to forty-five days with full pay and up to forty-five more days with half a salary, and

IV. To those who have ten years of service, up to sixty days with full pay and up to sixty more days with half a salary.

If by beating the license with half a salary continues the impossibility of the Worker to perform his/her work, the Worker will be granted unpaid leave while The duration of the incapacity, up to fifty-two weeks counted since the beginning of the incapacity, or after the first medical leave is issued. During the unpaid leave, the Institute, under the corresponding Health Insurance Reserve, will cover the Worker with a cash allowance equal to fifty percent of the basic salary received by the Worker when the inability.

For the purposes of the above fractions, the computes shall be made for continued services, or where the interruption in their provision is not greater than six months.

The license will be continuous or discontinuous, once every year counted from the time you took possession of the position. From that moment on, the payment shall be in charge of the Dependence or Entity according to the fractions preceding it.

If at the end of the fifty-two week period provided for in the third paragraph of this Article the Worker remains ill, the Institute shall extend its treatment for up to fifty-two weeks, after medical advice. Of the latter, the Institute shall only cover the allowance referred to in the preceding paragraph for up to twenty-six weeks.

At the latest, at the end of the second fifty-two week period, the Institute shall rule on the origin of the invalidity of the Worker, who shall do so. subject of a Pension in the terms of this Law. If the Worker does not qualify for an invalidity pension when the invalidity is declared, you may choose to withdraw the balance of your Individual Account at any time at any time.

Article 38. When the Worker's hospitalization is done in the terms of the respective regulations, the allowance established in the previous article will be paid to (a) the latter or the family members entitled under Article 41 of this Law.

For hospitalization or surgical intervention, the express consent of the patient or a family member responsible is required, unless in the case of serious or urgency or when, by the nature of the disease, such a measure is imposed as indispensable. The hospitalization of minors and others who are unable, requires the consent of those who exercise the parental authority or the protection or, failing that, of the Public Ministry or legally competent authority.

The payment of the subsidy shall be suspended in the event of non-compliance with the order of the Institute to submit the patient to hospitalization, or when the treatment is interrupted without the proper authorization.

Article 39. The working woman, the pensioner, the worker's spouse or the Pensioner or, where appropriate, the concubine of one or the other, and the worker's daughter or Single, less than eighteen year old, who is economically dependent on them, according to the conditions of the following Article, shall be entitled to:

I.     Obstetric assistance needed from the day the Institute certifies the state of pregnancy. The certification shall indicate the probable date of delivery for the purposes of Article 28 of the Federal Law of Workers to the State Service, in accordance with Article 123 (B) of the Constitutional Treaty;

II.    For training and encouragement for breastfeeding and breastfeeding, encouraging that breast milk is an exclusive food for six months and complementary up to the second year of life and support for breastfeeding when, according to medical advice, physical or occupational disability to breastfeed the child. This aid shall be provided in kind, up to a period of six months after birth, and shall be delivered to the mother or, in the absence thereof, to the person responsible for feeding it;

III.   During the breast-feeding period, you will have the right to decide between two extraordinary periods per day, half an hour each, or an extraordinary rest per day, one hour to breastfeed your children or to take out Milk manual, rather than adequate and hygienic designated by the institution or dependency, and

IV.    Under health insurance, a maternity basket, at birth of the child, the cost of which shall be periodically indicated by the Institute, by agreement of the Board of Directors.

Article 40. For the Worker, Pensioned, spouse or child under eighteen years of age and single, or if applicable, concubine, to be entitled to benefits that The article provides that, during the six months preceding the birth, the rights of the worker or the pensioner from which these benefits are derived have been maintained in force.

In the event that the Worker does not comply with the six-month-old requirement, the Dependence or Entity of its membership, will cover the cost of the service of agreement with the tab that authorizes the Board.

Article 41. They shall also be entitled to health insurance services in the event of illness, the Family Members of the Worker or the Pensioner than in followed are listed:

I. The spouse, or in the absence of the spouse, the male or female with whom, the Worker or the Pensioner in relation to the former, or the Worker or the Pensioner, in relation to the second, has lived as if he were his spouse during the five years prior to the disease or with whom you have one or more children, provided that both remain free of marriage. If the Worker or Pensioner has multiple concubines or concubinals, as the case may be, none of these last two subjects shall be entitled to receive the benefit;

II. Children under the age of eighteen years of both or only one of the spouses, provided they are economically dependent on one of them;

III. Single children over the age of 18 years, up to the age of 25, after checking that they are carrying out higher or higher level studies, of any branch of knowledge in official or recognised plantings, and that they do not have a job;

IV. Children over the age of eighteen physically or mentally disabled, who are unable to work to obtain their subsistence, will be checked by medical certificate issued by the Institute and by the legal means coming, and

V. Ancestors who are economically dependent on the Worker or Pensioner.

The family members mentioned in this article will have the right that this provision establishes if they meet the following requirements:

a) That the Worker or the Pensioner is entitled to medical and maternity health care services, as well as physical and mental rehabilitation, and

b) That such family members do not have the same right to the benefits mentioned in the preceding paragraph.

Section V

Financial Regime

Article 42. Health insurance will be funded as follows:

I. The Workers correspond to the following quotas:

a) A two-point-seventy-five-percent-of-the-basic salary to fund the health insurance of the active and family-based workers, and

b) A zero-point quota six hundred and twenty-five percent of the Basic Salary to fund the health insurance of the Pensioners and Family Rights holders;

II. The Dependencies and Entities correspond to the following Contributions:

a) The equivalent of seven hundred and seventy-five percent of the Basic Salary will fund the health insurance of the active workers and their families. Rightholders, and

b) The equivalent of zero point seventy-two percent of Basic Pay to fund the health insurance of pensioners and their family members;

III. The Federal Government will cover monthly a daily Social Fee for each worker, equivalent to thirteen point nine percent of the general minimum wage for the Federal District in force on the first day of July of a thousand nine hundred and ninety-seven updated quarterly in accordance with the National Consumer Price Index on the day of the entry into force of this Law. The initial amount resulting, in turn, will be updated quarterly, according to the National Consumer Price Index.

These percentages include specific health insurance administration expenses.

CHAPTER III

RETENTION OF RIGHTS

Article 43. The paid worker of termination, resignation, completion of the work or of the time for which he has been appointed, as well as the one who enjoys without pay, but which has provided uninterrupted services immediately prior to the separation, for at least six months, shall retain within two months of the separation the right to receive the benefits of the insurance health established in the previous Chapter. From the same right, they shall enjoy, as appropriate, their family members.

CHAPTER IV

OF THE PENDS

Article 44. The right to the enjoyment of Pensions of any nature shall begin from the day the Worker or his/her Family members comply with the requirements set out in this Act for this purpose.

Article 45. In those cases where the pension is awarded, the Institute shall be obliged to grant the judgment on the the right to the same within a maximum period of ninety days, counted from the date on which the application is received with the totality of the respective documentation, as well as the constancy of a prepensionary license, or if any, the official notice of discharge.

If in the terms mentioned in the previous paragraph the resolution has not been granted, the Institute will be obliged to make the payment of one hundred percent of the last salary Basic of the applicant who is permanently separated from the service in charge of his administrative expenses, without prejudice to continue the procedure for the granting of the resolution in which the right to Pension is established and to the the responsibilities of the public servants of the Institute and any of the Dependencies or Entities which, in the terms of the applicable laws, are required to provide the information necessary to integrate the respective files, which must be returned to the Institute for the quantities of the products, as well as its accessories.

Article 46. When the Institute has made an improper payment by default or error in the report rendered by the Dependency or Entity, the report itself will be resented Institute from the budget of these.

Article 47. When a Pensioning reenters the active service, you cannot waive the Pension that has been granted to you to apply for and obtain a new one, except the case of disabled people who are eligible for the service.

The Pensioner for invalidity and total incapacity to return to the active service shall notify the Institute within a period not exceeding ten working days, in order to temporarily suspend your Pension.

Article 48. The Pensions referred to in this Law are compatible with the enjoyment of other Pensions that are received with the character of Family Defeat.

Article 49. The age and kinship of the Workers and their Family Members shall be accredited to the Institute in accordance with the terms of the legislation civil law, and economic dependence, by means of evidence which is provided to the judicial or administrative authority, with documentation to be provided by the competent authorities.

Article 50. The Institute may order, at any time, the verification and authenticity of the documents and the justification of the acts which have served as basis for granting a Pension. In addition, the interested party or the Dependencies or Entities may be asked to display the documents that may have been presented at the time to accredit the Pension. When it is found that the documents are false, the Institute, with an audience of the interested party, will proceed to the respective review and, if necessary, denounce the facts to the Public Ministry for the effects that they have.

Article 51. It is void any alienation, cession or taxation of the Pensions that this Law establishes. Pensions due or in the future will be inembargable and may be affected only in order to make the obligation to provide for food by a court order effective and to require payment of debits with the Institute, on the basis of the Law.

Article 52. The minimum monthly pension amount for retirement insurance, advanced age and old age will be the one indicated in Article 92 of this Law. For invalidity and life insurance, the minimum monthly pension amount will be that provided for in Article 121 of this Law.

Article 53. Any fraction of more than six months of services will be considered as a full year for the purposes of granting Pensions.

Article 54. The Worker or his or her Family Members who acquire the right to enjoy a Pension coming from a plan established by their Dependency or Entity, which has been authorized and registered by the National Commission of the System of Savings for the Retreat, having to comply with the requirements established by it, will have the right to the PENSIONISSSTE or the Administrator who operate its Individual Account, give you the resources that you integrate before you comply the age and time of contribution established in Chapter VI of this Law, placing them in the financial institution which the Worker designates, in order to acquire a lifetime income or to deliver them in a single exhibition, when the Pension is Enjoy at least thirty percent of the Guaranteed.

CHAPTER V

JOB RISK INSURANCE

Section I

Generalities

Article 55. The risk insurance of work in favour of workers is established and, as a result, the Institute will be subrogated to the measure and terms of this Law, in the obligations of the Dependencies or Entities, derived from the Federal Law of the Workers to the State Service, regulation of Article 123 Constitutional and of the Federal Labor Law, for the same risks are referred to.

Article 56. For the purposes of this Law, accidents and diseases to which the Workers are exposed shall be deemed to be the risk of the work exercise or on the occasion of the job.

Work accidents shall be considered, any organ damage or functional disturbance, immediate or later, or death suddenly produced in the exercise or with reason for the work, whatever the place and the time it is provided, as well as those that occur to the Worker when moving directly from his or her home or from the child's child welfare, to the place where he/she is or vice versa.

Also, the diseases identified by the laws of work are considered to be hazards of the work.

Job risks can occur:

I. Temporary incapacity, which is the loss of faculties or aptitudes that partially or totally impermits a person to perform their work for some time;

II. Partial incapacity, which is the decrease in the faculties or aptitudes of a person to work;

III. Total incapacity, which is the loss of faculties or abilities of a person who makes it impossible to perform any work for the rest of life, and

IV. Death.

Article 57. The cash benefits granted by this Chapter will be covered in full with the Contribution by the Dependencies and Entities that the Section III of the same.

The benefits in kind provided by this Chapter will be covered in full by health insurance.

Article 58. The risks of the work will be technically qualified by the Institute, in accordance with the respective regulations and other applicable provisions. In the event of a disagreement with the rating, the unsatisfied will have thirty calendar days to submit in writing to the Institute, its inconformity endorsed with an opinion of a specialist in medicine of the work. In the event of disagreement between the Institute's qualification and the opinion of the specialist of the affected person, the Institute will propose a medical practitioner of the work medicine, so that among them, the affected one will choose one.

The opinion of the third-party specialist will ultimately decide whether or not the qualification will be obtained and will be of a compulsory nature for the person concerned and for the Institute, the latter without prejudice to the obligation of the concerned to submit to the examinations, treatments, investigations and evaluations ordered by the Institute to verify the validity of its rights on a regular basis.

Article 59. No risk of the job will be considered:

I. If the accident occurs, the Worker is in a state of drunkenness;

II. If the accident occurs, the Worker is found under the action of some narcotic or energy drug, unless there is a medical prescription and the Worker has put the fact in the knowledge of the immediate boss, presenting the prescription subscribed by the doctor;

III. If the Worker intentionally causes an injury or according to another person;

IV. Those resulting from an attempt to commit suicide or an effect of a dispute involving the Worker or caused by a crime committed by him, and

V. The diseases or injuries presented by the Worker considered to be chronic degenerative or congenital and which are not related to the risk of work, even if the Worker ignores having them or has noticed the existence of them, to the suffer a risk from the job.

Article 60. For the purposes of this Chapter, the Dependencies and Entities shall notify the Institute in writing, within three days of their knowledge, in terms of the respective regulations and other applicable provisions, of accidents at work risks which have occurred. The worker or his/her family members may also give the reference notice, as well as the presumption of the existence of a risk of the work.

To the public servant of the Dependence or Entity that, taking into account the notice referred to in this article, will omit to do so, the responsibilities will be finalized corresponding in terms of law.

The worker or his or her family members shall ask the Institute for the qualification of the likely risk of work within 30 working days of it has occurred, in terms of the respective regulations and other applicable provisions.

The application for qualification shall not be made, nor shall a risk of the work be recognised, if the latter has not been notified to the Institute in the terms of this Article.

Article 61. The Worker who suffers a job risk is entitled to the following benefits in kind:

I. Diagnostic, medical, surgical and pharmaceutical assistance;

II. Hospitalization service;

III. Prosthetic and orthopaedic appliances, and

IV. Rehabilitation.

Article 62. In case of job risk, the Worker will be entitled to the following cash benefits:

I. When a temporary incapacity is declared, a hundred percent of the salary will be granted, when the risk of the job makes the worker unable to perform his duties. The payment will be made from the first day of incapacity and will be covered by the Dependencies or Entities until the incapacity is over when it is temporary, or until the permanent incapacity of the Worker is declared.

For the purposes of determining the incapacity produced by the risk of work, the Federal Labor Law will be subject to the provisions of the Federal Labor Law. quarterly examinations to be submitted by the Worker and in the intelligence that if at the three months of initiated such incapacity is not the Worker in aptitude to return to work, the same or the Dependence or Entity, they will be able to request in view of the corresponding medical certificates, which is declared the permanent incapacity. It shall not exceed one year from the date on which the Institute is aware of the risk, the time limit for determining whether the worker is eligible to return to the service or the permanent incapacity to be declared, in which case he/she is shall be in accordance with the following fractions;

II. When a partial incapacity is declared, a pension calculated in accordance with the disability assessment table of the Federal Labor Law will be granted to the disabled, taking into account the basic salary received by the worker when the risk occurs. and subsequent increases corresponding to the employment performance of the Pension. The percentage of the incapacity shall be between the maximum and the minimum laid down in the table of valuation mentioned, taking into account the age of the worker and the importance of the incapacity, depending on whether it is absolute for the exercise of his or her occupation or occupation even if it is enabled to dedicate itself to others, or if only the aptitude for its performance has diminished. This Pension will be paid by hiring a Pension Insurance that grants you an Income, in the terms of the following fraction.

When the Worker can dedicate himself to other functions because he has only partially diminished his capacity for the performance of his work, the Dependencies and Entities may provide for their change of temporary activity, as long as their rehabilitation lasts. If the functional or physical loss of an organ or member is final, its activity may be another according to its capacity.

If the amount of the annual pension is less than twenty-five percent of the Minimum Wage per year, the Worker or Pensioner will be paid, replacing the a compensation equivalent to five annuities of the pension which has been paid to it;

III. When a total incapacity is declared, the disabled will be granted a current pension until he or she is sixty-five years old, by hiring a Pension Insurance that grants him a Income, equal to the Basic Salary that he was enjoying. Worker when the risk is presented, whatever the time has been in office. The amount of this benefit shall be up to a maximum of ten times the Minimum Wage.

Pensioners for work risks shall be entitled to an equal annual bonus in number of days to those granted to the Active Workers of the Administration Public Federal, according to the daily quota of your Pension. This gratification must be paid, at the choice of Pensioning:

a) In a single display, payable before the fifteenth of December of each year, or

b) Conjointly with each payment of the Income payment, increasing each exhibit with the twelfth part of the annual gratification.

Article 63. The Worker will contract the Pension Insurance with the Insurance Holder you choose, to benefit from the Pension benefit. The Institute shall calculate the amount necessary in accordance with the rules that the National Insurance and Fiance Commission, for the hiring of the Pension Insurance and the Institute itself, shall issue to the Insurance Company chosen by the Institute. Worker.

The Income awarded to the incapacitated Pensioning must cover:

I. The Pension, and

II. The Contributions and Contributions to the Individual Account of retirement insurance, advanced age and old age in the terms of this Law.

Terminated the term of the Pension Insurance Contract, the Worker who meets the corresponding requirements will be entitled to receive his/her old-age pension. The worker who does not meet the relevant requirements will receive the Guaranteed Pension.

Article 64. The Pensioner chosen by the Pensioner must proceed as follows:

I. Pay monthly the Pension;

II. Depositary the quotas and contributions for retirement insurance, advanced age and old age in the Individual Pensioning Account, and

III. You will pay an annual gratification to the Pensioner.

Article 65. Workers who request Pension for Work Risks and Pensioners for the same cause, are required to submit to the recognitions and treatments which the Institute prescribes and provides at any time, in order to increase or, where appropriate, to reduce the amount and, where appropriate, to revoke it under the physical condition of the pensioner, as well as to the investigations and assessments necessary to verify the validity of your rights by this concept and, if not, your application will not be processed or you will be suspended for the benefit of the Pension.

The suspension of the Pension payment will only require the Institute to request it in writing from the corresponding insurer.

The payment of the Pension or the processing of the application shall be resumed from the date on which the Pensioning is subject to the medical treatment, without any place, in the First, the reimbursement of the benefits which it has ceased to receive for the duration of the suspension. In addition, the Institute will ask the insurer to pay the Income contracted by the Pensioner, the return of the Pension Insurance Reserve, corresponding to the period of the suspension.

Article 66. The partial disability pension may be revoked when the Worker recovers from the sequelae that leaves the risk of the work, upon assessment that is performed in terms of the previous article. In this case, the Worker will continue to work, and the only effect will be the cancellation of the corresponding Pension.

The total disability pension will be revoked when the Worker recovers his/her capacity for the service. In such a case, the Dependence or Entity in which the Recovered Worker has provided his/her services shall have the obligation to return him to his employment if he is again fit for the same, or if not, to assign him a job which he/she can carry out, It must be at least one salary and a category equivalent to those enjoyed by the risk. If the Worker does not agree to re-enter the service in such conditions, or is performing any work, the Pension will be revoked. In this case, the insurer with whom the Pension Insurance has been hired must provide the Institute with the reservation, due to the early cancellation of the Pension Insurance.

The Institute will notify the revocation of the Pension in writing to the corresponding insurer.

If the Worker is not returned to his employment or is not assigned another in the terms of the second paragraph of this Article for cause imputable to the Dependence or Entity the amount of the pension shall continue to be charged to the budget of the latter. The foregoing, without prejudice to the liability of the Holder of the Dependence or Entity, which shall be returned to the amounts that are incurred for the payment of the Pension.

Article 67. When the Worker dies as a result of a job risk, the relatives listed in the Pension section for the insurance death of invalidity and life in the order which he establishes, shall enjoy a pension equal to one hundred percent of the basic salary that the Worker would have received at the time of the death and the same annual gratification that he has received. The worker is entitled to work as a pensioner. In this case, the Institute will cover the constitutive amount to the insurer, which will pay the pension to the family members.

Family Members will choose the insurer with whom they wish to contract their Pension Insurance with the resources relating to the Amount of the Pension to which refers to the preceding paragraph.

With regard to the resources of the Individual Account of the deceased Worker, his or her family members may choose to:

I. Remove Them in a single display, or

II. Hire rents for a larger amount.

Article 68. When a Pensioning is passed for permanent, total or partial disability, the following rules apply:

I. If the death occurs as a direct consequence of the cause which caused the incapacity, the subjects mentioned in the section of Pension for the death of the insurance of invalidity and life in the order that the same establishes, will be awarded in set a Pension equivalent to one hundred percent of the one that the Pensionado was enjoying to the effect, the Institute will give the constitutive amount to the insurer that the Family members choose to pay the corresponding income, and

II. If the death is caused by causes other than those that gave rise to the permanent incapacity, either total or partial, it will be given to the relatives indicated by this Law and in its order, the amount of six months of the Pension assigned to the Pensioner from the Income that has been contracted by the Institute for Pensioning, without prejudice to the right to enjoy the Pension that is granted to them by this Law.

With regard to the resources of the Deceased Pensioner's Individual Account, his or her family members may choose to:

a) Retire them in a single display, or

b) Hire rents for a larger amount.

Article 69. Safety and health at work, in the Dependencies and Entities, will be normalized by applicable law, as well as by the provisions in this matter are set out in the General Conditions of Work or Collective Contracts that govern the employment relationship in the Dependencies and Entities.

Article 70. For the division of the Pension derived from this Chapter, among the members of the Worker's family, as well as for the allocation of the Pension for the widower, concubinaire, children, ascendants, or who, where appropriate, is entitled to the ministry of food, shall be subject to the provisions of the pension section for the death of invalidity and life insurance.

Article 71. The Dependencies and Entities will be required to carry out preventive actions in order to reduce the incidence of diseases and accidents at work. The Institute shall coordinate with the Dependencies, Entities, agencies and institutions it deems necessary for the development of programs and the development of campaigns aimed at preventing accidents and diseases of work.

The Institute will be able to evaluate the performance of the Dependencies and Entities in the field of safety and health at work, in order to issue recommendations that are estimated relevant.

If there is a direct link between an accident at work and the failure to comply with the Dependence or Entity of a preventive action, the Institute shall give notice to the Secretariat of Labor and Social Security and to the Secretariat of the Civil Service for the purposes of the application of the Federal Law on Administrative Responsibilities of Public Servants.

When the Dependencies and Entities, during the respective fiscal year, have budgetary resources allocated to the programs and campaigns and have not taken The Institute shall inform the Secretariat of Finance and Public Credit of the actions referred to in this report, so that the budgetary adjustments that may be made shall be made.

Item 72. Dependencies and Entities must:

I. Carry out and, where appropriate, facilitate the carrying out of studies and research on the possible causes of accidents and occupational diseases and take appropriate measures for their control;

II. Report to the Institute on the occurrence of accidents or occupational diseases in its field of competence;

III. Provide the Institute with data and reports for the compilation of statistics on accidents and work diseases;

IV. To disseminate and implement in its field of competence, the preventive rules of accidents and diseases of work;

V. Integrate and operate regularly the Safety and Health Commissions at Work by providing the necessary facilities to their members for the proper development of their functions;

VI. elaborate, based on the guidelines that the Institute will issue for this purpose, its program of prevention of diseases and accidents of work, as well as to implement it according to the provisions it establishes;

VII. Train workers on the prevention of diseases and accidents at work, taking into account the nature of the activities carried out in the workplace, and

VIII. Carry out those other actions that are set out in the regulations in the field.

Article 73. It is for the Institute to promote the integration and functioning of the Safety and Health Commissions in the work centers of the Dependencies and Entities and, to the commissions themselves, to attend to the recommendations made by the Institute in the field of safety and health at work.

The Institute will also have to promote the integration and functioning of a National Consultative Commission and Advisory Commissions of the Federal Safety and Health at Work of the Federal Public Sector.

Section II

Periodic Increase in Pensions

Article 74. The amount of partial or permanent disability pensions will be updated annually in the month of February, according to the National Index of Consumer prices for the previous calendar year.

Pensions to the Right-of-the-Family Members of the Worker for Work Risks will be reviewed and increased in the appropriate proportion, in terms of provided in the preceding paragraph.

Section III

Financial Regime

Article 75. The Dependencies and Entities will cover a Zero point seventy-five percent of the Basic Salary for the job's risk insurance.

CHAPTER VI

RETIREMENT INSURANCE, ADVANCED AGE AND OLD AGE

Section I

Generalities

Article 76. For the purposes of the insurance referred to in this Chapter, it is the duty of any Worker to have an Individual Account operated by the PENSIONISSSTE or by a freely elected administrator. The Individual Account will be integrated by the Sub-Accounts: retirement, old age and old age, Housing Fund, solidarity savings, supplementary retirement contributions, voluntary contributions and long-term savings.

Workers who are simultaneously or successively coticed to the Institute and the IMSS will have to accumulate the retirement insurance resources, advanced age and old age of both schemes in the same Individual Account. The above, without prejudice to them being separately identified by Subaccounts.

In the case of simultaneous or successive contributions in the Institute and other social security systems, the accumulation of resources will follow the criteria and mechanisms established in the portability convention which, if any, is subscribed to.

Article 77. During the time the Worker ceases to be subject to an employment relationship, the worker will be entitled to:

I. Make deposits to your Individual Account, and

II. Withdraw from your Sub-account of retirement, old age and old age, the amount that is less than seventy-five days of your own Basic Salary of the last five years, or ten percent of the balance of the Sub-Account itself, from the Forty-sixth calendar day of the day since the day he was unemployed.

The right to be entered in this fraction may only be exercised by the Workers, who credit with the corresponding statements of account, have not made withdrawals during the immediate five years prior to the said date. The worker must submit the relevant application.

Article 78. Legal beneficiaries of the Working Worker of an Individual Retirement Insurance Account, advanced age and old age will be the Families Persons entitled under the pension section for the death of invalidity and life insurance.

In case of death of the Worker, if the beneficiaries referred to in the previous paragraph, are no longer entitled to Pension for the invalidity and life insurance, the PENSIONISSSTE or the respective Administrator shall deliver the balance of the Individual Account in equal parts to the legal beneficiaries registered by the Worker at the Institute.

The worker must designate substitute beneficiaries of those indicated in the previous paragraph, only and exclusively for the case that the beneficiaries are missing legal. The worker may at any time change the latter designation. This designation must be made in the PENSIONISSSTE or the Administrator who operates the Individual Account.

In the absence of legal and substitute beneficiaries, such delivery will be made in the order of precedence provided for in Article 501 of the Federal Labor Law. Any conflict must be resolved before the Federal Court of Conciliation and Arbitration.

Article 79. Pensioners by retirement, advanced age or old age, who re-enter the compulsory scheme will open a new Individual Account, in the PENSIONISSSTE or in the Administrator you choose. Once a year, in the same calendar month in which you acquired the right to the Pension, you will be able to transfer to the insurer, the PENSIONISSSTE, or the Administrator who is paying you your Pension, the accumulated balance of your Account Individual, by agreeing to increase the lifetime income or scheduled withdrawals that you are covering.

Article 80. Workers shall be entitled to retirement insurance before they meet the age and time of contribution set forth in this Chapter, provided that When the Pension that is calculated in the life income system is greater than thirty percent to the Guaranteed Pension, once the insurance premium is covered for the Insurance of Survival for their family members. Lifetime Income will be updated annually in the month of February under the National Consumer Price Index.

The Pensioner will be entitled to receive the surplus of the resources accumulated in his Individual Account in one or more exhibitions, only if the Pension is The grant is more than thirty percent higher than the Guaranteed Pension, once the insurance premium for its family members has been covered. The provision of the account as well as its income shall be exempt from the payment of contributions.

For the purpose of exercising the right referred to in this article, the Worker may accumulate the resources of the Sub-Account for Retirement, Cessation of Advanced Age and Old Age provided under any scheme, those of the Sub-account of Solidarity Savings, those of the Sub-account of Supplementary Retirement Contributions, those of the Sub-account of Voluntary Contributions and those of the Long Term Savings Sub-Account.

Also, the Pensioner Worker in the terms of this article, will be entitled to receive health insurance services from the Institute.

Article 81. Under the accumulated resources of the Individual Worker Account, the Pensioner for an advanced age or old age will acquire in favor of its Family members, at the time of granting the pension, a survival insurance, in the terms that the National Insurance and Insurance Commission will determine, hearing the National Commission of the Savings System for the Retreat, in the the same conditions as for this purpose establishes the section of Pension by cause of death of the disability and life insurance.

Article 82. The provision that the Worker makes of the resources of his Individual Account for any of the assumptions provided for by this Law, will decrease in equal proportion to the years of contributions made.

The above mentioned decrease will be calculated by dividing the accumulated amount of the Individual Account resources between the number of years quoted up to the time of the the provision of such resources. The withdrawn amount shall be divided between the quotient resulting from the previous operation. The result will be subtracted from the listed years.

Article 83. The resources deposited in each Worker's Individual Account are property of this with the modalities set forth in this Law and other applicable provisions.

The resources deposited in the Sub-account of retirement, advanced age and old age and in the Sub-account of solidarity savings will be inembargable.

The resources deposited in the Subaccounts of voluntary contributions, supplementary retirement and long-term savings will be inembargable up to an amount equal to twenty times the Minimum Wage per year for each Sub-account, for the amount surplus to this amount will be able to be locked.

Section II

Advanced Age Pension Pension

Article 84. For the purposes of this Act, there is an advanced age-guarantee when the Worker is deprived of work from the age of sixty.

To benefit from the advanced age-guarantee benefits, the Worker is required to have a minimum of twenty-five years of contributions recognized by the Institute.

The unemployed worker who is sixty years or older and does not meet the years of contributions mentioned in the preceding paragraph, may withdraw the balance of his Individual Account in a single exhibition or continue to be listed for the years necessary to operate your Pension.

Article 85. The contingency consisting of the advanced age-guarantee, forces the Institute to grant:

I. Pension, and

II. Health Insurance, in the terms of Chapter II of this Title.

Article 86. The entitlement to the benefit of the advanced age-guarantee pension shall begin from the day the Worker complies with the requirements stated in this Section, provided that you request the grant of such Pension and credit that you have been deprived of work, if the low notice was not received at the Institute.

Article 87. Workers who meet the requirements set out in this Section may have their Individual Account with the purpose of enjoying a Pension (i) an early retirement age. For this purpose they may choose one of the following alternatives:

I. Contract with the Insurance Company of your choice a Pension Insurance that grants you a lifetime income, which will be updated annually in the month of February under the National Consumer Price Index, or

II. Maintain the balance of your Individual Account in the PENSIONISSSTE or in an Administrator and carry out this balance, Withdrawals Scheduled.

Both assumptions will be subject to the provisions of this Law and the administrative provisions issued by the National Commission of the Retirement Savings System.

The Pensioner that opts for the alternative envisaged in the II fraction may, at any time, hire a lifetime income according to the provisions of the fraction I. The Pensioner will not be able to opt for the alternative indicated if the monthly income for life to be agreed is lower than the Guaranteed Pension.

Section III

Pension for Old Age

Article 88. Old age insurance entitles the Worker to:

I. Pension, and

II. Health Insurance, in the terms of Chapter II of this Title.

Article 89. To be entitled to the benefit of the old-age insurance benefits, the Worker or Pensioner is required for occupational or disability risks 60 and five years of age and have recognised by the Institute a minimum of 25 years of contribution.

In case the Worker or Pensioner is sixty-five years old or more and does not meet the years of contributions mentioned in the preceding paragraph, he/she may withdraw the balance of his/her Individual Account in a single display or continue to be listed for years necessary for your Pension to operate.

Article 90. The grant of the old-age pension may only be made upon application by the Worker and shall be covered from the date on which he or she has ceased to be employed. work or terminate the term of the Income that you were enjoying as a Pensioning for the risks of work or invalidity, provided that you meet the requirements outlined in the previous article.

Article 91. Workers who meet the requirements set out in this Section may have their Individual Account with the purpose of enjoying a Pension of old age. For this purpose, you may choose one of the following alternatives:

I. Contract with an Insurance Insurance Company of your choice a Pension Insurance that grants you a lifetime income, which will be updated annually in the month of February under the National Consumer Price Index, or

II. Maintain the balance of your Individual Account in the PENSIONISSSTE or in an Administrator and carry out this balance, Withdrawals Scheduled.

Both assumptions will be subject to the provisions of this Law and the administrative provisions issued by the National Commission of the Retirement Savings System.

The Pensioner opting for the alternative provided in part II will be able, at any time, to hire a Pension Insurance to give you a lifetime income of agreement with the provisions of the section I. The worker may not opt for the alternative indicated if the monthly income for life to be agreed is lower than the guaranteed pension.

Section IV

From Guaranteed Pension

Article 92. Guaranteed Pension is the one that the State assures to those who meet the requirements stated to obtain a Pension for an advanced age or old age and its monthly amount will be the amount of three thousand thirty-four pesos with twenty cents, national currency, same that will be updated annually, in the month of February, according to the annualized change of the National Index of Consumer Prices.

Article 93. The Worker referred to in the previous article, whose resources accumulated in your Individual Account are insufficient to hire a Income For life or a Scheduled Retreat that will ensure the enjoyment of a guaranteed pension for life and the acquisition of a survival insurance for your family members, you will receive a supplementary contribution from the Federal Government sufficient for the payment of the corresponding Pension.

In these cases, the PENSIONISSSTE or the Administrator will continue with the administration of the Individual Account of the Pensioner and will be made withdrawals from the balance accumulated for the payment of the Guaranteed Pension, in the terms determined by the National Commission of the System of Savings for the Retreat.

Article 94. The Federal Government with own resources complementary to those of the corresponding Individual Account, will cover the Guaranteed Pension, in the form and terms to be determined by the Secretariat of Finance and Public Credit.

The Worker must apply for the Pension Guaranteed to the Institute and prove to be entitled to it. For its part, the Administrator is obliged to provide the information that the Institute itself requires for this purpose.

Exhausted the resources of the Individual Account, the Administrator, will notify this fact to the Institute. In this case, the Pension will be covered with the resources that the Federal Government will provide for this purpose.

Article 95. At the death of the Pensionado for an advanced age or old age that is enjoying a Guaranteed Pension, the Federal Government, through the who determines the Secretariat of Finance and Public Credit, may hire a Income that covers the corresponding Pension in favor of the Family Members who are entitled to the Insurance that they choose or to pay the Pensions according to the same the procedure used for the payment of the Guaranteed Pension.

In the case of opting for the hiring of Rentas, the family members of the deceased Pensioner and the Institute, when they have knowledge of this fact, report the death to the PENSIONER or the Administrator who, if necessary, is paying the Pension, and the following shall be observed:

I. The PENSIONISSSTE or the Administrator shall provide the Institute with the resources that it has in the Individual Account of the deceased Pensioner, which shall be used for the payment of the Constitutive Amount of the Income of the Right Family members, and

II. The Federal Government, through whom the Secretariat of Finance and Public Credit determines, must provide the missing resources for the payment of the Constitutive Amount of the aforementioned Income.

Article 96. The payment of the Guaranteed Pension will be suspended when the Pensioner reenters a work subject to the mandatory regime of this Law or the Law of the Social Security.

Pensioning for an advanced age or old age who enjoys a Guaranteed Pension will not be able to receive another one of the same nature.

The Pension that corresponds to the Family Members of the deceased Pensioner, will be given to them even when they are enjoying another Pension of any nature.

Section V

From Individual Account

Article 97. Each Worker will be opened an Individual Account in the PENSIONISSSTE or, if you choose, in a Administrator. Workers may request the transfer of their Individual Account to the PENSIONISSSTE or a different Administrator to which the account operates in the cases provided for in the Savings Systems Act for the Retreat.

Article 98. Workers must not have more than one Individual Account, regardless of whether they are subject to various social security schemes. If they have several Individual Accounts, they must do so with the knowledge of the PENSIONISSSTE or the Administrators in which they are registered, to the effect that the operators of the National Database SAR referred to in the Law of Retirement Savings Systems promote the corresponding unification or transfer procedures established by the National Commission of the Retirement Savings System.

Also, when they are open in the PENSIONISSSTE or in the same Administrator several Individual Accounts of the same Worker, the operating companies of the National SAR Database shall automatically unify such Individual Accounts.

The worker who has an Individual Account open and who changes regime or simultaneously is subject to two or more social security schemes must integrate all the resources that are deposited in your favor, in the Individual Account that you have opened. The above, without prejudice to your right to transfer your Individual Account in accordance with the provisions issued by the National Commission of the Retirement Savings System.

The National Commission of the Savings System for the Retreat will have, with respect to the Individual Accounts, the entities that manage these, the investment companies In the case of the Federal Data Protection Agency, the Commission will be responsible for the implementation of the Law on the Law of the System of the System of the European Union. " Save for the Retreat in what they do not oppose to the provisions of the present order.

The Dependencies and Entities shall inform the Workers bimonthly, on the contributions made in their favor, without prejudice to the fact that such information is handed to the trade unions or, where appropriate, any other representative organisation of the Workers.

Article 99. The Dependencies and Entities shall be responsible for the damages to be caused to the Worker or to his or her Family Members, when by failure to comply with the obligation to register it with the Institute or to give notice of its basic salary or changes which it has suffered, the benefits provided for in this Chapter cannot be granted, or the benefits shall be reduced in its amount.

Section VI

From The Solidarity Savings for Pension Increment

Article 100. Workers will be able to choose to be neglected for up to two percent of their Basic Pay, to be credited to the Savings Sub-account. solidarity that opens up to the effect on your Individual Account.

The Dependencies and Entities in which the Workers who opt for the Discount will provide their services, will be obliged to deposit in the aforementioned Sub-account, three pesos with twenty-five cents for each weight that the Workers save with a maximum ceiling of six points five percent of the Basic Salary.

For the purposes of the foregoing, the Dependencies and Entities shall enter the amounts in their charge in conjunction with the savings made by the Worker, without the same being consider quotas or Contributions.

The resources accumulated in the Solidarity Sub-account will be subject to the rules applicable to the Sub-account of retirement, advanced age and old age.

Section VII

Financial Regime

Article 101. The Quota and Contributions of retirement insurance, advanced age and old age will be received and deposited in the respective Subaccounts of the Individual Account of each Worker, in accordance with the provisions issued by the National Commission of the Savings System for the Retreat.

Article 102. The Quota and Contributions referred to in this Chapter shall be:

I. Workers have a six-point quota of six hundred and twenty-five percent of Basic Pay;

II. The Dependencies and Entities have a two percent retirement contribution, and an old age and old age, three hundred and seventy-five percent of the Basic Salary, and

III. The Federal Government will cover monthly a daily Social Fee for each worker, equivalent to five points five percent of the general minimum wage for the Federal District in force on the first day of July of a thousand nine hundred and ninety-seven years. updated quarterly in accordance with the National Consumer Price Index on the day of the entry into force of this Law. The resulting initial amount will, in turn, be updated quarterly in the months of March, June, September and December, in accordance with the National Consumer Price Index.

For the purposes of the Quotas and Contributions of the Pensioners for the risks of the work or invalidity, the aforementioned contributions will be made based on the amount of the Pension they receive.

The resources referred to in this article will be deposited in the Subaccounts of retirement, advanced age and old age.

Section VII Bis

Of Credits granted by financial institutions with pension charges

Article 102 Bis. Pensions for invalidity and life or for occupational risks, as well as those who are entitled to a retirement pension, old age or old age, may choose to cover the appropriations, in respect of their pension, in respect of which the period for payment is not exceeds sixty months, which have been granted to them by the Financial Entities referred to in the Law on Transparency and Ordinance of Financial Services, which have concluded for the purposes of this Article an agreement with the insurance that pays you the pension or with the PENSIONISSSTE or the fund manager for retirement in the the case that the pension is covered by scheduled withdrawals.

The pension discounts that are made in the terms of this article, considering other discounts that in terms of the legal provisions result (a) they may not exceed 30% of the pension or imply that the amount of the pension is reduced to a sum less than the guaranteed pension laid down in this Law. In the application of these discounts, the corresponding ranking shall be applied in terms of the applicable legal provisions.

The National Commission of the Savings Systems for the Retreat and the National Insurance and Bonding Commission, in the field of their respective competencies, will be able to issue the general rules that are required for the application of the provisions of this article. Such rules shall provide for the form and terms in which the Financial Entities referred to in the first paragraph of this Article shall communicate to PENSIONISSSTE and the insurers and administrators of retirement funds with which they conclude the conventions referred to in this provision, the general conditions of credit, including the total annual cost applicable to the loans referred to, in order to ensure that they, in a clear, precise and transparent manner, make them aware of the pensioners, for the purpose of comparison in the choice of the Financial Entity to which apply for the loan.

The expenses incurred for the control, discounts and delivery or transfer of the amounts relating to the loans granted by the Financial Entities be covered by these to the PENSIONISSSTE or the insurer or fund manager for the withdrawal in question, in the terms that are stipulated in the respective conventions.

Section VIII

PENSIONISSSTE

Article 103. The National Pension Fund for Workers is created at the State Service, called PENSIONISSSTE, which will be a public body. unconcentrated of the Institute endowed with executive powers, with its own functional competence in the terms of this Law.

Article 104. PENSIONISSSTE will be in charge:

I. Manage Individual Accounts, and

II. Invest the resources of the Individual Accounts you administer, except those of the Housing Fund Sub-account.

Article 105. PENSIONISSSTE will have the following powers:

I. Open, manage and operate Individual Workers ' Accounts on the same terms as Administrators;

II. Receive the quotas and social security contributions corresponding to the Individual Accounts and other resources that in terms of this Law may be received in the Individual Accounts, except those of the Sub-account of the Fund Housing;

III. Individualize Quotas and Contributions for Individual Accounts, as well as the returns derived from their investment;

IV. Invest the resources of the Individual Accounts in the specialized investment companies of funds for the retirement that you administer;

V. Constitute and operate specialized investment companies of retirement funds;

VI. Charge commissions to the Individual Workers ' Accounts, with the exception of the Housing Fund Sub-Account. These commissions shall be intended to cover the costs of administration and operation of the PENSIONISSSTE which are inherent in their duties.

In any case, the commissions may not exceed the average fees charged by the Administrators. The Board of Directors may order the remainder of the operation to be reinvested in the Individual Accounts of the Workers of the PENSIONISSSTE, favoring the workers of lower income, once satisfied their costs of administration, Investment needs and constitution of reserves;

VII. Send, at least twice a year, to the address indicated by the Workers, their statements of account and other information about their Individual Accounts and the state of their investments, highlighting in them the Contributions of the Dependencies and Entities, the State and the Worker, and the number of trading days recorded during each two-month period comprising the period of the statement of account, as well as the fees charged;

VIII. Establish information and care services for Workers;

IX. Deliver the resources to the Assurance or Administrator that the Worker or his or her family members have chosen, for the hiring of Life Insurance, the Survival Insurance, Or Scheduled Withdrawals;

X. Hire any type of services required for the administration of Individual Accounts and investment of resources, and

XI. The others that grant you this or other laws.

Article 106. The PENSIONISSSTE will be subject to its operation, administration and operation, to the regulation and supervision of the National Commission of the System of Savings for the Retreat, which must comply with the provisions of the Law on the Savings Systems for the Retreat and the general rules issued by the Commission applicable to the Administrators.

Likewise, the public servants of the PENSIONISSSTE will be subject to the responsibilities and penalties established in the Law of the Savings Systems for the Retreat for officials of the Administrators.

Article 107. PENSIONISSSTE will prepare its budget by ensuring that the administrative costs are covered only by the proceeds of the commissions charged for the administration of the Fund's resources.

Article 108. The resources for the PENSIONISSSTE operation will be integrated:

I. With commissions to be charged for the administration of the resources of the Individual Accounts, with the exception of the Housing Fund Sub-Account, and

II. With the other goods and rights acquired by any title.

Article 109. The Executive Committee of the PENSIONISSSTE shall establish the investment regime of the resources whose administration is in charge of the PENSIONISSSTE.

The main objective of the regime must be to provide the greatest security and profitability of the workers ' resources. In addition, the investment scheme will tend to increase domestic savings and the development of a market for long-term instruments in line with the pension system. To this end, it will provide that investments will preferably be channelled through their placement into securities, to encourage:

I. The national productive activity;

II. Housing construction;

III. Power generation, gas and petrochemical production, and

IV. The construction of roads.

The PENSIONISSSTE shall invest in securities, documents, cash and other instruments to be established in the investment scheme determined by its Commission Executive, which must observe at all times the general rules established by the National Commission of the System of Savings for the Retirement for the investment of the resources invested in the specialized investment companies of funds for the recall.

Article 110. The management and administration of the PENSIONISSSTE will be in charge of an Executive Commission made up of eighteen members, as follows: indicates:

I. The Director General of the Institute, who will chair the Institute;

II. The Executive Voice, which shall be appointed by the Board of Directors on a proposal from the Director-General of the Institute;

III. Three vowels appointed by the Secretariat of Finance and Public Credit; two vowels appointed by the Bank of Mexico, and one vowel appointed by each of the following institutions: the Secretariat of Labor and Social Welfare and the Secretariat of the Public Function, and

IV. Nine vowels appointed by the Workers ' organizations.

For each vowel owner, an alternate will be appointed who will act in case of temporary faults of the owner, and this should be an official with the immediate rank less than the owner's vowel. In the case of representatives of the Workers ' organisations, the appointment of the alternate shall be made in the terms of the applicable statutory provisions.

The members of the Executive Committee of the PENSIONISSSTE may not be members of the Board of Directors of the Institute, with the exception of the Director General.

in order to occupy the position of vowel, it is necessary to be Mexican, to be in full enjoyment and exercise of their civil and political rights, and to be of recognized honor and experience technical and administrative.

The vowels of the Executive Committee of the PENSIONISSSTE will last in their duties for all the time that they subsidize their designation and they will be able to be removed freely on request of those who have proposed them.

Article 111. The PENSIONISSSTE Executive Committee will be at least once every two months.

The sessions of the Executive Committee shall be valid with the assistance of at least ten of its members, of which one shall be the Chairman of the Executive Committee, four representatives of the Federal Government and five of the workers ' organizations at the service of the State. Decisions shall be taken by a majority of those present and in the event of a tie the President shall have a vote of quality.

Article 112. The PENSIONISSSTE Executive Committee will have the following privileges and functions:

I. Solve the operations of the National Pension Fund of Workers at the service of the State, except those that for their importance merit the express agreement of the Board of Directors, which must agree to the conduct;

II. To submit to the Board of Directors approval through the Executive Vocal, revenue and expenditure budgets, work plans and financing, as well as the financial statements and the work report formulated by the Vocal Executive;

III. Propose to the Board of Directors of the Institute the investment strategy of Pension resources by observing the provisions of Article 109 of this Law, and

IV. Other than the Board of Directors.

Article 113. PENSIONISSSTE's Executive Vocal will have the following obligations and powers:

I. Attend the sessions of the Board of the Institute with a voice, but without a vote, to report the issues of the National Pension Fund for Workers at the State Service;

II. To execute the agreements of the Board of the Institute and the Executive Committee of the PENSIONISSSTE, related to the National Pension Fund of the Workers to the State Service;

III. Convene the Executive Commission sessions;

IV. Submit annually to the Executive Committee of the PENSIONISSSTE, within the first two months of the following year, the financial statements and the activity report of the previous year;

V. Present to the PENSIONISSSTE Executive Committee no later than the last day of September of each year, the revenue and expenditure budgets, the project of expenditure and the plans of work and financing for the following year;

VI. To present a bimonthly report on the activities of the Executive Committee, to the Executive Committee of the PENSIONISSSTE;

VII. Present to the PENSIONISSSTE Executive Committee for consideration, the investment strategy of the Pension resources;

VIII. Propose to the Director General the appointments and removals of the technical and administrative staff of the PENSIONISSSTE, and

IX. The others that point to this Law and its regulatory provisions.

CHAPTER VII

DISABILITY AND LIFE INSURANCE

Section I

Generalities

Article 114. The risks protected in this Chapter are the invalidity and death of the Worker or the Pensioner by invalidity, in terms and with the modalities provided for in this Act.

Article 115. The granting of the benefits set forth in this Chapter requires the fulfillment of waiting periods, measured in years of contribution recognised by the Institute, as set out in the provisions relating to each of the risks covered.

For the purposes of this Article, to compute the listing years as regards the insurance contained in this Chapter, the periods to be considered shall be considered are covered by the respective medical advice.

Article 116. The payment of the Invalidity Pension will be suspended for the time the Pensioner performs a job that provides a higher income to the referred to in Article 118 of this Law.

Article 117. If a Worker or his or her Family Members is entitled to any of the Pensions in this Chapter and also to Pension from the In the case of a partial incapacity for work, both without the sum of their amounts exceeding one hundred per cent of the basic basic salary, of which they have been used as a basis for the determine the amount of the pensions granted. Adjustments not to exceed the indicated limit will not affect the Pension coming from work risks.

Section II

Invalidity Pension

Article 118. For the purposes of this Law, there is invalidity when the Active Worker has become unable to procure, through equal work, a remuneration of more than fifty per cent of his/her usual remuneration, which was perceived during the last year of work, and that this impossibility resulted from a non-professional illness or accident. The invalidity declaration must be made by the Institute.

The invalidity pension shall be granted to workers who are physically or mentally disabled for reasons other than the performance of their job or employment, if they have contributed. with its quotas to the Institute at least for five years. In the event that the respective opinion determines seventy-five per cent or more of invalidity, it will only be required that they have contributed their quotas to the Institute at least for three years.

The status of invalidity entitles the Worker, in the terms of this Law, to the granting of:

I. Temporary pension, or

II. Definitive pension.

Article 119. The temporary pension shall be granted on a provisional basis, for a period of adjustment of two years during which it shall be paid by the Reserves of this insurance by the Institute. After the adjustment period, the Pension shall be deemed to be a final contract with a Pension Insurance that grants the Income referred to in the following Article, and its revision may be made only once a year, except that there was evidence of a substantial change in the conditions of invalidity. The right to pay for this Pension begins on the day following the date on which the Worker causes a low reason for disablement.

Article 120. The final Pension begins on the day after the term of the Temporary Pension and will be in force until the Pensioner meets sixty-five years. five years and 25 years of contribution. The Pension will be covered by hiring a Pension Insurance with an Assurance.

Article 121. The amount of the invalidity pension will be equal to a basic amount of thirty-five percent of the average basic salary enjoyed in the Last year immediately before the date of the Worker's discharge. This amount shall not be less than the Pension provided for in Article 170 of the Social Security Act at the date of entry into force of this Law, which shall be updated annually in the month of February in accordance with the Annualized Change of the Index National of Consumer Prices. The amount of this benefit will be up to a maximum amount of ten times the Minimum Wage.

Invalidity Pensioners will be entitled to an equal annual bonus in number of days to those granted to the Public Administration's Active Workers Federal, according to the daily quota of your Pension. This gratification must be paid, at the choice of Pensioning:

I. In a single display, payable before the fifteenth of December of each year, or

II. Jointly with each payment of the rent, increasing each exhibit with the twelfth part of the annual gratification.

Article 122. The Worker will contract the Pension Insurance with the Insurance Holder you choose, to benefit from the final Pension benefit. The Institute shall calculate the amount necessary, in accordance with the rules to be issued by the National Insurance and Fiance Commission, for the hiring of the Pension Insurance and, the Institute itself will give the said sum to the insurer chosen by the Worker.

The Income awarded to the Invalidity Pensioning must cover:

I. The Pension, and

II. The Contributions and Contributions to the Individual Account of retirement insurance, advanced age and old age in the terms of this Law.

Terminated the term of the Pension Insurance Contract, the Worker who meets the corresponding requirements will be entitled to receive his/her old-age pension. The worker who does not meet the relevant requirements will receive the Guaranteed Pension.

Article 123. The Pensioner chosen by the Pensioner must proceed as follows:

I. Pay monthly the Pension;

II. Depositary the quotas and contributions for retirement insurance, advanced age and old age in the Individual Pensioning Account, and

III. You will pay an annual gratification to the Pensioner.

Article 124. The granting of the invalidity pension is subject to the satisfaction of the following requirements:

I. Request of the Worker or their legitimate representatives, and

II. Opinion of one or more doctors or technicians appointed by the Institute, certifying the existence of the state of invalidity in accordance with the respective regulations. In the event of disagreement with the ruling, the unsatisfied will have thirty calendar days to submit in writing to the Institute, its inconformity endorsed with an opinion of a medical specialist in the field. In the event of a disagreement between the Institute's opinion and the opinion of the specialist of the concerned, the Institute will propose a list of specialist doctors to choose one from among them.

The opinion of the third party will ultimately decide whether or not the ruling will be made and will be of no use and of a binding nature for the person concerned and for the Institute, the latter without prejudice to the obligation of the affected to undergo the examinations, treatments, investigations and evaluations ordered by the Institute to verify the validity of its rights periodically.

Article 125. The Invalidity Pension will not be granted:

I. If the invalidity originates, the Worker is in a state of drunkenness;

II. If the invalidity occurs, the Worker is found under the action of some narcotic or drug, except that there is a medical prescription and that the Worker has put the fact in the knowledge of the immediate boss presenting the prescription subscribed by the doctor;

III. If the Worker intentionally causes an injury or according to another person;

IV. If the invalidity is the result of an attempt to commit suicide or an effect of a quarrel, in which the Worker has participated or originated for a crime committed by him, and

V. When the status of invalidity is before the date of the appointment of the Worker.

Article 126. Workers applying for invalidity pension and pensioners for the same cause are required to undergo the examinations and treatments that the Institute prescribes and provides and, if not, their application will not be processed or the benefit of the Pension will be suspended.

Article 127. The Invalidity Pension or the processing of the Invalidity shall be suspended:

I. When the Pensioner or applicant is performing some job or employment, and

II. In the event that the Pensioner or the applicant refuses unjustifiably to undergo the examinations and treatments that the Institute prescribes and provides in any time, as well as to the investigations and evaluations necessary to to verify the validity of their rights by this concept, or to resist the preventive or curative measures to be subject to, except in the case of a person affected by his mental faculties. The payment of the Pension or the processing of the application shall be resumed from the date on which the Pensioner is subject to medical treatment, without there being, in the first case, receiving the benefits which he has failed to receive during the time has lasted the suspension.

The suspension of the payment of the Pension will only require the Institute to request it in writing to the corresponding insurer. In addition, the Institute will ask the insurer for the return of the Pension Insurance Reserve, corresponding to the period of the suspension.

Article 128. The invalidity pension will be revoked when the Worker recovers his/her capacity for the service. In such a case, the Dependence or Entity in which the Recovered Worker has provided his/her services shall have the obligation to return him to his employment if he is again fit for the same, or if not, to assign him a job which he/she can carry out, must be at least one salary and a category equivalent to those enjoyed by the event of invalidity. If the Worker does not agree to re-enter the service in such conditions, or is performing any work, the Pension will be revoked. In this case, the insurer with whom the Pension Insurance has been hired must provide the Institute with the reservation, due to the early cancellation of the Pension Insurance.

The revocation of the Pension will be carried out on the same terms as the suspension, in the last paragraph of the previous article.

If the Worker is not returned to his employment or is not assigned another one in the terms of the first paragraph of this Article for cause imputable to the Dependence or Entity the amount of the pension shall continue to be charged to the budget of the latter. The above, without prejudice to the liability of the holder of the Dependence or Entity, which must be returned to the amounts that have been paid for the payment of the Pension.

Section III

Pension for Cause of Death

Article 129. The death of the Worker for causes outside the service, whatever his age, and whenever he has been listed at the Institute for three years or more, will give rise to the pensions of widowhood, concubinage, orphan or ancestry in their case, as prevented by this Law.

In this case, the Pensions will be granted by the insurer who choose the Right Family members for the hiring of their Pension Insurance. To this end, a constitutive amount must be included in the chosen insurer, which must be sufficient to cover the pension and other benefits of an economic nature provided for in this Chapter. To this end, the Institute will cover the constitutive amount charged to the Pension and other benefits of an economic nature provided for in this Chapter, by the Insurance Company.

In the event of the death of a pensioner due to risks of work or invalidity, the Pensions referred to in this article will be covered by the Institute, through delivery The constitutive amount to the insurer chosen by the family members entitled to the payment of the corresponding income.

The balance accumulated in the Individual Account of the Worker or Pensioned for the risks of the deceased job or invalidity, may be withdrawn by his or her family members in a single display or used to hire a Pension Insurance that grants you a Renta for a larger sum.

Article 130. The right to pay the Pension for the cause of death shall be initiated on the day following that of the death of the person who originated the Pension.

Article 131. The order to enjoy the Pensions referred to in this article by the Right Family Members will be as follows:

I. The surviving spouse only if there are no children or in concurrence with them if there are children under eighteen years of age or who are not under eighteen years of age but are incapacitated or partially or totally unable to work; or Twenty-five years after verification that they are conducting mid-or higher-level studies of any branch of knowledge on official or recognised plantings and that they do not have a job;

II. In the absence of a spouse, concubine or concubinaire alone or in concurrency with the children or alone when they meet the conditions set out in the previous fraction, provided that the concubine has had children with the Worker or Pensioner or the concubinaire with the Worker or Pensioned, or lived in her company during the five years preceding her death and both have remained free of marriage during the concubinage. If at the death of the Worker or Pensioner has several concubines or the Worker or Pensioner has several concubinals, none shall be entitled to Pension.

For the purposes of this Law, to be considered as such, the concubines must prove to have lived in common with the Worker in constant and permanent form for a a minimum period of five years immediately preceding the generation of the Pension or having at least one child in common;

III. In the absence of a spouse, children, concubine or concubinaire, the pension shall be given to the mother or father jointly or separately and in the absence thereof to the other relatives, in the event that they have been economically dependent on the Worker or Pensioner;

IV. The total amount to which the deudos indicated in each of the fractions are entitled shall be divided equally between them. Where the beneficiaries of a pension are several and one of them loses the right, the part that corresponds to it shall be apportioned proportionally among the others, and

V. The adopted children will only be entitled to the Pension for Orphanage, when the adoption has been done by the Worker or Pensioner before they have been fifty-five years of age.

Article 132. The deceased Members of the Worker or Pensioner, in the order that establishes the Pension section for the death of insurance invalidity and life, they are entitled to a pension equivalent to one hundred per cent of the one that would have been paid to the Invalidity Worker or the Pension that the Pensioner was enjoying, and to the same annual gratification to which he was entitled Pensioning. The amount of this benefit shall be up to a maximum of ten times the Minimum Wage.

Article 133. If a Pension is awarded, other family members are entitled to it, they will be extended, but they will receive their share from the date on which the application is received at the Institute, without being able to claim payment of the amounts collected by the first beneficiaries. For the purposes of the foregoing, the Institute shall request in writing to the insurer with whom the Pension Insurance has been contracted, that the supervenlient beneficiaries be included in the payment of the Pension.

In case two or more interested parties claim entitlement to Pension as the surviving spouse of the Worker or Pensioner, exhibiting their respective documentation will be suspended the processing of the benefit until the situation is legally defined, without prejudice to the continuation of the situation in respect of the children, reserving a portion of the quota to those who credit their right as a surviving spouse.

When an applicant, holding as a surviving spouse of the Worker or Pensioner claims a benefit that has already been granted to another person for the same concept, only the previously granted will be revoked if there is an enforceable judgment declaring the nullity of the marriage which served as the basis for the grant of the Pension. If the second applicant meets the requirements laid down by this Law, he shall be granted Pension, which shall receive from the date on which the application is received at the Institute, without having the right to claim the amounts collected from the Institute. by the first beneficiary.

Article 134. If the Pensioner is to arrive at the age of eighteen and cannot be held for his or her own work due to a lasting illness or disability for physical, mental, intellectual or sensorial deficiencies, the payment of the pension for orphan's shall be extended for the duration of its disablement, after annual verification by means of a medical opinion issued by the Institute itself for effect to determine his or her invalidity status, by becoming a creditor, (ii) the suspension of the pension; the single children up to the age of twenty-five will continue to enjoy the pension, after checking that they are carrying out mid-or higher-level studies in official or official plants; or recognized and do not have a job.

Article 135. The rights to receive Pension are lost for the Family Members of the Worker or Pensioned for any of the following reasons:

I. Reach eighteen years of age the children of the Worker or Pensioner, except as provided in the previous article, provided that they are not legally incapacitated or physically unable to work;

II. Because the woman or the male Pensionate will contract or come to live in concubinage. When the widow, widower, concubine or concubinaire is married, they will receive as the last benefit the amount of six months of the pension they were enjoying.

The divorced or divorced will not be entitled to the Pension of who has been their spouse, unless at the death of the deceased, he is ministering food to him (a) a judicial conviction and provided that there is no widow or widower, children, concubine or concubinaire and ascendant with the right to the same. When the divorcee or divorcee enjoys the Pension in the terms of this article, they will lose that right if they contract new nuptials, or if they live in concubinage, and

III. By death.

Article 136. The surviving spouse will not be entitled to Pension, in the following cases:

I. When the death of the Worker or Pensioner occurred before the end of six months of marriage;

II. When he had married the Worker after he was in his fifties and five years of age, unless the date of death has elapsed one year since the celebration of the marriage, and

III. When the Pensioning was received by the Pensioning as a Pension of Work Risks or Invalidity, unless the date of death has elapsed one year since the marriage was celebrated.

The limitations that this article sets will not govern when the Worker or Pensioner dies, the spouse will check to have children with him.

Article 137. If a Pensioner disappears from his home for more than a month without news of his whereabouts, the Right-to-Family Members the Pension, will enjoy the same in the terms of the section of Pension for cause of death of the insurance of invalidity and life on a provisional basis, and after the respective application, it is enough for this that the kinship and the disappearance are checked of the Pensioning, without it being necessary to promote formal actions of absence . If later and at any time, the Pensioner is presented, he will have the right to enjoy himself his Pension and to receive the differences between the original amount of the same and the one that would have been given to his family members. When the Pensioning death is checked, the transmission will be final.

Article 138. When a Pensioner dies, the Insured who came covering the Pension will hand over to his or her deudos or to the persons who have taken over the pension. (i) the amount of the pension, the amount of one hundred and twenty days ' pension for funeral expenses, without further formalities than the presentation of the death certificate and the constancy of the costs of the funeral. In case the Pensioner has enjoyed two or more Pensions the funeral expenses will be paid solely on the basis of the highest.

If there are no relatives or persons who take charge of the inhumation, the Institute will do so, limited to the amount of the amount indicated in the previous paragraph, must be delivered by the referenced insurer.

Section IV

Periodic Increase in Pensions

Article 139. The amount of invalidity pensions will be updated annually in the month of February, according to the National Consumer Price Index. corresponding to the previous calendar year.

Pensions to Family Members of the Worker for invalidity and life insurance will be reviewed and increased in the proportion that corresponds to, in terms of the provisions of the preceding paragraph.

Section V

Financial Regime

Article 140. The invalidity and life insurance benefits will be funded as follows:

I. The Workers have a zero-point quota of six hundred and twenty-five percent of Basic Pay, and

II. To the Dependencies and Entities it corresponds to a contribution of zero point six hundred and twenty-five percent of the Basic Salary.

Chapter VIII

Of Rights Transfer

Section I

From the Transfer of Rights between the Institute and the IMSS

Article 141. Workers who have paid contributions to the Institute and who, by virtue of a new employment relationship, register with the IMSS, may transfer to the IMSS the rights of years of contributions to the Institute. In the same way, workers registered with the IMSS who initiate a working relationship that is subject to this law may transfer to the Institute the rights of their weeks of contribution.

For the purposes of the transfer of rights provided for in this Article, one year of contributions to the Institute shall be deemed to be fifty-two weeks of The contribution of the Social Security Law regime. In addition, the Institute shall indicate on the basis of the lower constances that the number of years of contributions shall be issued to the workers, including, where appropriate, the last part of the year listed.

In case the quoted year fraction is equivalent to more than six months, the full year will be considered as the full year.

Article 142. The medical care provided by the pensioners for retirement insurance, old age and old age, who have been paid to the Institute and the IMSS, will be provided as long as they have been listed for at least 15 years in the either of these two Entities or twenty-four years as a whole, as provided for in the previous article.

In this case, medical assistance must be provided by the Institute in which the Pensioner has been listed for the longest time.

The Institute where the Pensioning has been listed for the shortest time, must transfer the actuarial reserves corresponding to the health insurance, to the one who will provide the health service in accordance with the guidelines that the Institute and the IMSS agree to.

Article 143. Workers who, by having a working relationship with two or more employers simultaneously coticon to the Institute and the IMSS, will be entitled to receive medical care and other health insurance services from both.

Article 144. Workers arriving at the age of pension under the assumptions of retirement insurance, advanced age and old age provided for in this law and who in turn have resources accumulated in their Individual Account under the rule of law of the Social Security, may request that the latter accumulate for the hiring of their Insurance of Pension or Scheduled Retirement and the Insurance of Survival for their family members, in the terms of this law.

The Pensioner will have the right to receive the surplus of the resources accumulated in his Individual Account in one or more exhibitions, without distinguishing if they were accumulated under the Social Security Act or the present law, only if the pension awarded to you is more than thirty percent of the Guaranteed Pension, once the insurance premium is covered for your pension. Family members.

To be entitled to the Guaranteed Pension the Workers must have recognized a minimum of twenty-five years of contribution, exclusively in the Institute. In the case of workers who are listed as members of the Institute, who have transferred the rights of their weeks of listing of the IMSS to the Institute and who, together with their years of contribution to the Institute, have accumulated 25 years of They will be entitled to receive the Guaranteed Pension established in the Social Security Law.

Article 145. Employees who arrive at the age to be pensioned by an old age or old age, may transfer their periods of non-simultaneous contribution to the IMSS and the Institute, in accordance with Articles 141 and 148 of the Treaty. to comply with the minimum number of years of contribution required.

In this case, in addition to your quotation periods, the accumulated resources in your retirement insurance, advanced age, and old age insurance sub-accounts will be added. constituted under the two schemes mentioned above, to integrate the amount with which their Pension and the Insurance of Survival for their family members will be financed.

Article 146. Workers who have the right to be penalized under the assumptions of retirement insurance, advanced age and old age provided for in this law and who, in turn, are eligible under the Social Security Act, may continue to be listed under this last regime, and once a year, in the same calendar month in which he acquired the right to the Pension, the Pensioner may transfer to the insurer that he was paying the income for life, to the PENSIONISSSTE or to the Administrator who You are paying your Scheduled withdrawals, the accumulated balance of your Individual Account, increase in your Pension, or withdraw that balance in a single display.

Article 147. The Pensioning which enjoys a retirement pension, advanced age and old age under the Social Security Law will not be able to obtain another Pension of the same nature under the present law. Also, the Pensioning that enjoys a retirement pension, an old age and old age in the terms of this order will not be able to obtain another Pension of the same nature under the regime of the Law of Social Security, in both cases the Worker shall be entitled to increase the amount of his Pension in accordance with the procedure set out in the previous article.

Article 148. For periods of quotation to be entitled to be penalised under any scheme or to receive medical services, those periods in which the Worker would have been simultaneously quoted to the Institute and the IMSS shall not be accumulated.

The term of the same period of contribution shall be the same period in which quotas and contributions for the worker under the compulsory scheme are entered. of this law and that of the Social Security Law.

Section II

From the Transfer of Rights to the Institute from other Institutes of Social Security

Article 149. The Institute, after approval of its Board of Directors and a favorable opinion of the Secretariat of Finance and Public Credit, may conclude portability with other social security institutes or entities operating other social security systems compatible with that provided for in this law by which they are established:

I. Rules of general character and equivalences in conditions and requirements for obtaining a retirement pension, old age and old age, and invalidity and life, and

II. The resource transfer mechanisms of the Subaccounts that integrate the Individual Account.

The portability agreements referred to in this Section will provide for the treatment that will be given to the resources of the Housing Fund account, if any.

In addition, for the conclusion of such portability agreements, an independent actuary should be given the opinion of the equivalence of the the portability of rights to be agreed, as well as the adequacy of the reserves to be affected in order to meet the obligations of the Institute.

Article 150. The portability shall consist of transferring rights obtained in other social security schemes to the system provided for in this law.

Social security institutes or entities operating other social security systems that conclude portability agreements with the Institute should point out in the The number of years of contributions and their equivalent in number of weeks shall be issued to the workers.

To make equivalent the portability of rights referred to in this Article, the equivalent of fifty shall be considered for one year of the Institute's contribution and two weeks of trading on another social security system.

Article 151. Workers who, by having a working relationship with two or more employers, simultaneously coticate the Institute and another institute of social security or entity operating a social security system, will be entitled to receive medical attention and other health insurance services by both.

Article 152. Employees who arrive at the age of pension under the assumptions of retirement insurance, old age and old age as provided for in this Law or in an insurance or equivalent scheme with which the portability agreement has been concluded, may apply the resources of your Individual Account and quotation periods on the same terms as provided for in Articles 144 and 148 of this Act.

Article 153. The pensioner who enjoys a pension equivalent to that of retirement, old age and old age under a social security scheme with which the portability agreement has been concluded, will not be able to obtain a Pension of the same kind under the Under this law, in both cases the Worker will be entitled to increase the amount of his Pension in accordance with the procedure outlined in Article 146 of this Law.

Section III

Of the Transfer of Rights between the Institute and the National Housing Fund Institute for Workers

Article 154. Workers who have paid contributions to the Institute and who, by virtue of a new employment relationship, register with the Institute of the National Fund Housing for the Workers, may transfer to the latter the resources accumulated in the Sub-account of the Housing Fund. In the same way, the Workers enrolled in the National Housing Fund Institute for Workers who initiate a labor relationship that will be subject to the regime of this Law will be able to transfer to the Institute the resources of the National Housing Fund. Respective Housing Fund.

For the purposes of the transfer of rights provided for in this Article, it shall be governed by the rules which, for this purpose, shall be issued by each of the security institutes.

i)

Article 155. Workers who obtain a housing credit under the Institute or the National Housing Fund Institute for Workers and who have resources accumulated by way of housing in their Individual Account according to the of the two institutes referred to above, may request that they be accumulated in order to be applied as an initial payment of their claim and that the successive contributions to any of the institutes or both are intended to reduce the insolute balance Worker himself.

Article 156. Workers who find themselves writing down a housing credit granted by the Institute or the Institute of the National Housing Fund for Workers and who, by virtue of a new employment relationship, change their Social security must continue to use their Housing Contributions for the payment of the corresponding credit.

For the above, the Institute and the Institute of the National Housing Fund for Workers will be able to enter into a convention to determine the procedure for the transfer of the Housing Contributions between the two institutes.

Chapter IX

Of The Comprehensive Credit System

Section I

Personal Loans

Article 157. The Comprehensive Credit System consists of the following types of loans:

I. Personal loans, and

II. Mortgage loans.

Article 158. The Personal Loan Fund for the granting of loans shall be made up of the amount of the total institutional portfolio of such loans, plus the availability on the last day of the preceding financial year and the returns generated by the loans. loans. The Fund's resources shall only be allocated to the grant of this benefit.

The income generated by the interest on the loans granted and their financial availabilities will not affect the budget ceiling of the Institute and will be integrated into the own personal loan fund.

Article 159. The institutional portfolio plus the remaining available in the previous article, as well as the corresponding interest, shall integrate the initial working capital for the operation of the Fund.

Article 160. The Fund's resources, as long as they are not used for personal loans, must be invested under prudential criteria in those financial instruments of the market that guarantee the highest profitability, the lowest possible risk and the greatest transparency for accountability, in accordance with the provisions to be issued for the purpose by the Board of the Institute.

The Institute, after approval of the Board of Directors and with the authorization of the Secretariat of Finance and Public Credit, will conduct the financial operations. necessary without affecting or committing budgetary resources, with support for the rights to the current portfolio of personal loans, in order to allow for additional resources to extend the coverage of this benefit.

The Board of Directors of the Institute shall be responsible for the Fund retaining at least its actual value.

Article 161. The Fund's general administration expenditure shall be financed from its own resources in accordance with the annual budget approved by the Board of the Institute.

Article 162. Personal loans will be granted to the Workers and Pensioners in accordance with the annual program authorized by the Board of the Institute, based on the revolving of the Fund itself and as follows:

I. Only those who have a minimum of six months ' age of total incorporation into the Institute's social security scheme;

II. The loans will be granted depending on the financial availability of the Fund and in accordance with the rules established by the Board of the Institute, and will be of four types, namely:

a) Ordinaries. Your amount will be up to the amount of four months of Basic Pay, according to the age of who applies for it;

b) Special. The amount will be up to the amount of six months of the Basic Salary, according to the age of the request;

c) For the acquisition of durable goods. Your amount will be up to the amount of eight months of Basic Pay, according to the age of who applies for it, and

d) Extraordinary for disaster victims. Your amount will be set up by the Institute's Board of Directors;

III. The Institute will determine quarterly the interest rate applied to personal credits, in such a way that the effective yield of the amount borrowed is not less than one point twenty-five times the rate of the Certificates of the Treasury the Federation with a maturity of twenty-eight days. If this indicator disappears, the one that replaces it will be taken;

IV. To ensure the recovery of the credits granted, a guarantee reserve must be included, with which the insolute amount of the loans will be covered, in the cases of invalidity and permanent total incapacity, death and Non-performance, as set out in the regulation to be issued by the Institute's Board of Directors, and

V. The amount of the loan and interest shall be paid in equal fortnightly instalments, within a period not exceeding forty-eight fortnightly in the case of ordinary and special, and seventy-two fortnightly in the case of goods of durable consumption. In the case of extraordinary loans for disaster victims, they will have a term of up to 120 fortnightly, according to the special agreement of the Board of Directors.

Article 163. The Dependencies and Entities will be required to perform the fortnightly payroll discounts ordered by the Institute to recover the credits it grants and to find out these resources in accordance with the provisions of this order. Also the Dependencies and Entities will be obliged to submit to the Institute fortnightly the payroll of their Workers with the information and in the formats that the Institute orders.

In cases where the Dependence does not apply the Discounts, the Workers shall pay directly, through the systems established by the Institute, without prejudice of the updates and surcharges to be laid down in the relevant Regulation.

When the Dependencies omit the whole of these Discounts to the Institute, they must cover them by adding the financial cost provided for in Article 22 of this Law.

Article 164. The loans must be granted in such a way that the credits for reintegrating the amount borrowed and their interest added to the Discounts for mortgage loans and to those to be made by any other debit in favour of the Institute, do not exceed Fifty percent of the total of the Perceptions in Worker's Money, and will be adjusted to the regulation that the Board of Directors will issue to the effect.

Article 165. When a Worker has a debit with the Loan Fund and applies for unpaid leave, he or she will resign or be separated from the Dependence or Entity. In your case, the Dependency or Entity will retain the total amount of the outstanding balance of the payments made by the workers to which the Worker is entitled. If a debit is to be persisted, the Institute will make the necessary administrative and legal efforts to recover it. After one year after the accreditation has been separated and the administrative arrangements for recovery have been exhausted, the capital and interest owed shall be cancelled against the Credit Guarantee Reserve granted on the basis of the that is established in the guidelines and policies of portfolio management that the Institute has for the effect. In the event that the Worker reenters the scheme of this Law, the Institute shall order the updated debit discount to compensate the Guarantee Reserve.

Article 166. No new special loans or durable consumer goods will be granted for as long as the previous one remains insolute. In the case of ordinary loans, they may be renewed only when the payment of at least fifty percent of the amount of the credit that was granted has been paid, the credits for that period covered and the debtor pays the reserve's premium. guarantee, cover the insolute balance and the renewal contribution from the new credit.

Section II

The Housing Credit

Article 167. The Institute will manage the Housing Fund that is integrated with the Contributions that the Dependencies and Entities make in favor of the Workers.

The Institute will have an Executive Committee, which will contribute to the management of the Housing Fund in accordance with the regulations issued by the Board of Directors.

The Housing Fund aims to establish and operate a system of financing that allows workers to obtain cheap and sufficient credit, through loans with a mortgage guarantee in cases expressly determined by the Executive Committee of the Housing Fund. These loans will be made for one time.

The Institute may conclude coordination and collaboration agreements with federal authorities, Federal Entities and municipalities, as appropriate, for the best compliance with the purpose of the Housing Fund. In addition, any type of services may be contracted for the purpose of exercising the functions of the Housing Fund.

Article 168. The resources for the operation of the Housing Fund are integrated with:

I. The Contributions that the Dependencies and Entities enter into the Institute for Workers ' favor;

II. The goods and rights acquired by any title, and

III. The income from the investments of the resources referred to in the previous fractions.

Article 169. The resources affected by the Housing Fund will be used:

I. The granting of credits to the workers who are the holders of the Subaccounts of the Housing Fund of the Individual Accounts and who have deposits constituted in their favor for more than eighteen months in the Institute. The amount of these appropriations shall be applied for the following

:

a) A housing acquisition or construction;

b) To repair, extend, or improve their rooms, and

c) To liabilities incurred by any of the above concepts;

The Institute will also be able to discount the financial institutions that have the respective authorization issued for this purpose by the Secretariat of Finance and Public Credit, the credits that they have granted to apply to the concepts outlined in the previous points;

II. For the payment of capital and interest from the Underaccount of the Workers ' Housing Fund in the terms of the law;

III. To cover the expenses of administration, operation and supervision of the Housing Fund under this Law;

IV. For the investment of buildings destined for their offices and furniture strictly necessary for the fulfilment of their purposes, and

V. For other erogations related to its object.

Article 170. The Executive Committee of the Housing Fund shall be composed of eighteen members, as follows:

I. The Director General of the Institute, who will chair the Institute;

II. The Executive Voice, which shall be appointed by the Board of Directors on a proposal from the Director-General of the Institute;

III. Three vowels appointed by the Secretariat of Finance and Public Credit, and a vowel appointed by each of the following institutions: the Secretariat of Social Development, the Secretariat of Labor and Social Welfare, the Secretariat of the Civil Service Public and the National Housing Commission, and

IV. Nine vowels appointed by the Workers ' organizations.

For each vowel owner, an alternate will be appointed who will act in case of temporary faults of the owner, and this should be an official with the immediate rank less than the owner's vowel. In the case of representatives of the Workers ' organisations, the appointment of the alternate shall be made in the terms of the applicable statutory provisions.

Article 171. The members of the Executive Committee of the Housing Fund may not be members of the Board of Directors of the Institute, with the exception of the Director General of the Institute. This designation shall also be incompatible with the trade union office of the Secretary-General of the Housing Fund.

in order to occupy the position of vowel, it is necessary to be Mexican, to be in full enjoyment and exercise of their civil and political rights, and to be of recognized honor and experience technical and administrative.

Article 172. The vowels of the Executive Committee of the Housing Fund shall last in their duties for all the time that their designation subsidizes and may be freely removed at the request of those who have proposed them.

Article 173. The Executive Committee of the Housing Fund will be at least once every two months. Decisions shall be taken by a majority of those present and in the event of a tie their chairman shall have a vote of quality.

The sessions of the Executive Committee shall be valid with the assistance of at least ten of its members, of which one shall be the Chairman of the Executive Committee, four representatives of the Federal Government and five of the workers ' organizations at the service of the State. Decisions shall be taken by a majority of those present and in the event of a tie the President shall have a vote of quality.

Article 174. The Executive Committee of the Housing Fund shall have the following powers and functions:

I. Solve the Housing Fund operations, except those that are important for the purpose of the Board's express agreement, which must be agreed by the Board within 15 days of the date of the corresponding request;

II. Examine, if necessary, approve and submit to the Board of Directors through the Executive Vocal, the revenue and expenditure budgets, the plans of work and financing, as well as the financial statements and the work report formulated by the Executive Vocal;

III. To present the Executive Board with the Executive Board for approval, the budget for the administration, operation and supervision of the Housing Fund;

IV. Propose to the Board of Directors, the reserve constitution program, the rules for the granting of loans and the investment program for housing resources, and

V. Other than I pointed out to you in the Board.

Article 175. The Executive Vocal shall have the following obligations and powers:

I. Attend the Board's sessions with voice, but no vote, to report Housing Fund matters;

II. Run the Executive Board and Executive Committee agreements, related to the Housing Fund;

III. Call the sessions of the Executive Committee and preside over the sessions in the absence of the Director General;

IV. Submit annually to the Executive Committee of the Housing Fund within the first two months of the following year, the financial statements and activities report of the previous year;

V. Present to the Executive Committee of the Housing Fund, no later than the last day of September of each year, the revenue and expenditure budgets, the project of expenditure and the plans of work and financing for the following year;

VI. Present to the consideration of the Executive Committee of the Housing Fund, a monthly report on the activities of the Commission itself;

VII. Submit to the Executive Committee of the Housing Fund for consideration and approval, the credit programs to be awarded by the Institute;

VIII. Propose to the Director General the appointments and removals of the Commission's technical and administrative staff, and

IX. The others that point to this Law and its regulatory provisions.

Article 176. At the time the Worker receives credit for housing, the balance of the Housing Fund account of his Individual Account shall be applied as an initial payment of any of the concepts referred to in Article 169 (I) Law.

During the validity of the credit granted to the Worker, the Contributions referred to in this Section in his favor will be applied to reduce the insolute balance in charge of the Worker himself.

The worker who obtains a credit from some financial institution to apply to the payment of the construction or purchase of his/her room, may use as an initial payment for the construction or acquisition, the balance of your Sub-account of the Housing Fund. In addition, the contributions made to the Sub-account cited after the granting of the credit will be applied to cover the insolute balance.

The Housing Fund will be able to grant credits to the Workers in co-financing with financial institutions or the National Housing Fund Institute for Workers, in which case, the Worker may also use the resources of the Housing Fund Sub-Account as an initial payment. The contributions made to the Sub-account cited after the granting of the credit will be applied to cover the insolute balance of the credit that has been granted by the Housing Fund.

In the case of co-financing referred to in the preceding paragraph, the Housing Fund shall grant the Worker credit when the credit he receives of the financial institution concerned, is granted on the basis of savings funds established in social security plans which meet the deductibility requirements to be laid down in the relevant tax provisions.

In the event that the Worker obtains credit from any financial institution in terms of the provisions of the preceding paragraph or that the Worker obtains Credit from the Institute of the National Housing Fund for Workers, and the Housing Fund cannot grant credit, the Worker will be entitled to the subsequent contributions in his favor. apply to the reduction of the insolute balance by the worker himself and in favour of the institution the financial institution concerned or the Institute of the National Housing Fund for Workers.

Prior to agreement with the participating financial institution or the National Housing Fund Institute for Workers, the Housing Fund may include in the percentage of Discount that the Dependency or Entity makes to the salary of the accredited Worker, the amount corresponding to the credits granted in the terms of this article.

Article 177. Contributions to the Housing Fund provided for in this Law must be recorded in the Housing Fund Sub-account.

The balance of the Housing Fund Sub-accounts will pay interest based on the remainder of the Housing Fund's operation.

For this purpose, the Executive Committee shall close each financial year to calculate the income and expenditure of the Housing Fund, in accordance with the criteria applicable and in accordance with sound accounting techniques and the provisions issued by the National Banking and Securities Commission to determine the remaining operational. The remaining amounts of the Housing Fund shall be deemed to be the remainder of the operation of the Housing Fund at the end of each fiscal year after the reserve has been lodged which the Housing Fund itself is required to establish as a result of the respective actuarial studies and the provisions of this Act.

The Executive Committee shall, no later than 15 December of each year, make an estimate of the remainder of the operation of the Housing Fund for the immediate year. next to the one to which it corresponds. Fifty percent of the estimated estimate will be paid as interim interest payments to the Housing Fund Sub-accounts, in twelve exhibitions payable on the last day of each month. Once determined by the Executive Committee, the remainder of the operation of the Housing Fund under the terms of the preceding paragraph shall be made, if applicable, to the payment of final interest, which shall be done at the latest in the month of March of each year.

Once the Executive Committee of the Housing Fund has set the estimate, as determined by the remainder of the operation referred to in this Article, publish them in newspapers of wide circulation in the country at the latest on the fifth working day following the date of the fixing of the estimate, as well as that of the determination of the remaining surplus.

The Executive Committee will have to observe at all times a financial and credit policy aimed at ensuring that the individual savings of the Workers ' permanently at least its actual value in accordance with the formula that the effect determines.

Article 178. The worker shall have the right to choose the new or used housing, to which the amount of the credit that he receives from the Housing Fund applies.

Article 179. The appropriations referred to in this Section shall be granted and awarded, taking into account, inter alia, regional housing supply and demand, the number of members of the family of workers, the balances of the Sub-account of the Fund The Housing of the Worker concerned and the time during which contributions have been made to it, whether the Worker is the owner or not of his dwelling, as well as his salary or the marital income if there is an agreement of the interested parties.

The Board of Directors shall issue the operational rules under which the appropriations referred to in the preceding paragraph shall be granted.

Workers will be able to receive credit from the Housing Fund for one time.

Article 180. The Board of Directors of the Institute shall, by means of general provisions, determine:

I. The maximum amounts of the credits granted by the Housing Fund, depending on, among other factors, the ability to pay the Workers, and

II. The methods for random assignment in groups of workers who meet equal eligibility conditions, in order to give transparency, equity and sufficiency, to the granting of credits.

Article 181. The credits awarded to the Housing Fund must be given in advance if the debtors, without the consent of the Institute, dispose of the dwellings, tax the real estate that guarantees the payment of the credits granted or incurred in the causes of termination entered in the respective contracts.

Article 182. The credits awarded shall be covered by insurance for the cases of invalidity, permanent incapacity or death, to release the Worker or Pensioner or their respective beneficiaries, from the obligations arising therefrom. The cost of this insurance will be borne by the Housing Fund.

Workers or Pensioners may expressly and in writing express their will to the Institute through the Housing Fund in the act of granting the credit or later, so that in the event of death, the award of the property is made to those who have designated as beneficiaries. In order for the change of beneficiary to proceed, the Worker or Pensioner must also request it in writing accompanied by two witnesses to the Housing Fund; once such application has been filed, the latter must inform the Worker or Pensioner their consent and the registration of the new beneficiaries within a period of no more than forty-five calendar days. In the event of a dispute, the Institute shall proceed exclusively to the release referred to and shall refrain from awarding the property.

In the absence of a designated beneficiary, the award of the property must be made in accordance with the order of precedence established by the Pension Section for the death of the Disability and life insurance.

The Housing Fund will ask the Public Registry of the corresponding Property to register the properties in favor of the beneficiaries, cancelling in the result that exists in the name of the Worker or Pensioned with the domain taxes or limitations that they have.

Article 183. When a Worker ceases to provide its services to the Dependencies or Entities subject to the benefits regime granted by this Law and has received a loan from the Housing Fund, it will be granted an extension without a cause of interest. in the repayment payments you have to make by way of capital and interest. The extension will have a maximum period of twelve months and will end in advance when the Worker returns to provide services to any of the Dependencies or Entities or enter to work under a regime with which the Institute has concluded incorporation.

For the purposes of the preceding paragraph, a worker shall also be deemed to have ceased to provide services when a minimum period of 12 months has elapsed without working in none of the Dependencies or Entities for temporary suspension of the effects of the appointment or termination, unless there is pending litigation on the subsistence of his appointment or appointment.

The Dependencies and Entities referred to in this Law will continue to make deposits for the Housing Fund, on the wages of the workers who enjoy sick leave under the terms of Article 111 of the Federal Law of Workers to the State Service, statutory under Article 123 (B) of the Constitution and 37 of this Law, as well as those suffering from temporary suspension of the effects of his appointment in accordance with Article 45 (I) and (II) of the The Federal Law of Workers to the State Service must be suspended from the date on which the work relationship ceases.

The existence of the assumption referred to in this article must be checked with the Institute.

Article 184. In the case of Workers who at the time of the pension are left unsettled in their housing credit, the subsequent payments to the Housing Fund will be deducted from their Pension.

Article 185. The balance of the credits granted to the Workers referred to in section I of Article 169 of this Law will be reviewed every time the Minimum Wage is modified, increasing in the same proportion as the Minimum Wage increases.

Also, the above credits shall bear interest on the adjusted balance of the claims at the rate determined by the Board of Directors. This fee shall not be less than 4% per year on outstanding balances.

The amounts to be deducted from the workers on account of the appropriations referred to in this Article shall not exceed 30% of their salary. Basic, without prejudice to the provisions of Article 20 of this Law.

The credits will be granted within a period of not more than thirty years.

Article 186. All buildings purchased or built by the Workers for their own room with the resources of the Housing Fund shall be exempt from the date of their purchase or construction of all federal taxes by the double the credit and up to the sum of ten times the Minimum Wage per year, during the term that the credit remains insolute.

The agreements, contracts or acts in which the corresponding transactions are to be entered shall also be exempt, which shall be of a type public for all legal purposes and shall be entered in the Public Registry of the respective Property, including the constitution of the property regime in condominium that the Institute establishes in relation to the sets it finances or acquire, without prejudice to the fact that the Worker can go to Notary Public of his choice in the operations in which it is a party. The expenses that are caused by the aforementioned concepts will be covered in half between the Institute and the Workers; for this purpose the Board of Directors based on the tariff that establishes the fees of the notaries, will determine the percentage reduction of the same, without this reduction being less than fifty per cent. The exemptions will remain insistent if the buildings are disposed of by the Workers or destined for other purposes.

The Institute will manage the corresponding agreements with the governments of the Federative Entities and municipalities, so that the Workers protected by this Law will enjoy of tax exemptions that correspond to the root property, in the terms of this article.

Article 187. The Institute shall not be able to intervene in the administration, operation or maintenance of housing units, nor shall it bear the costs associated with these concepts.

Article 188. Contributions to the Housing Fund, as well as the interest of the Housing Fund Sub-accounts, will be exempt from all taxes.

Article 189. The contributions to the Housing Fund, as well as the Discounts to cover the credits granted by the Institute, received by the receiving entities under this Law, must be transferred to the account that the Bank of Mexico takes to the Institute as regards the Housing Fund, in the terms and in accordance with the procedures to be established in the Regulations of the Law of Savings Systems for the Retreat. These resources must be invested, as they apply to the credits for the Workers referred to in this Section, in securities by the Federal Government, through the Bank of Mexico and Instruments of the Development Bank.

The Secretariat of Finance and Public Credit will be able to authorize the resources of the Housing Fund to be invested in different values than those mentioned, provided they are high credit quality, or the portfolio of the Housing Fund is being used.

Without prejudice to the foregoing, the Institute may, by way of such account, keep in cash or in bank deposits in the view the amounts strictly necessary. for the realization of their daily operations with respect to the Housing Fund.

Article 190. The federal government, through the Secretariats of Finance and Public Credit and the Civil Service, will exercise control and evaluation of the investment of the resources of the Housing Fund, monitoring that they will be applied according to the with what is established by this law.

The National Banking and Securities Commission will be empowered to supervise the operations and accounting of the Housing Fund, with the same the powers of that committee with regard to the development banking institutions, including the establishment of prudential rules to be subject to the Housing Fund.

Article 191. They are obligations of the Dependencies and Entities:

I. Enroll your Workers and Beneficiaries in the Housing Fund, and

II. Make the Contributions to the Housing Fund and make the Discounts to your Workers in your salary.

The payment of contributions and discounts indicated in section II of this article, shall be due to bimestres due, no later than the seventeenth day of the month of January, March, May, July, September and November of each year in conjunction with the Quota and Contributions to retirement insurance, advanced age and old age.

The public servants of the Dependencies or Entities responsible for finding the Contributions and Discounts, in case of non-compliance, will be punished in the terms of the provisions of Title VI of this Law.

Article 192. The resources of the Sub-account of the Housing Fund that have not been applied to grant credits in favor of the Workers according to the provisions of this Section, will be transferred to the PENSIONISSSTE, the Administrators or Insurers for the hiring of the corresponding Pension or its delivery in a single exhibition, as applicable, in the terms of the provisions of this Law.

For the purpose of the above, the Institute shall transfer the resources of the Housing Fund account to the PENSIONISSSTE, the Administrators or the take the second business day after they are required to do so.

Section III

Financial Regime

Article 193. Benefits relating to personal loans will be financed from the Fund constituted for the purpose of the Institute.

Article 194. The Housing Fund will be constituted with a contribution of five percent of the Basic Salary.

CHAPTER X

Social and Cultural Services

Section I

Social Services

Article 195. The Institute will abide by this Law, the basic needs of the Worker and his/her family through the provision of services that contribute to the care support, to the protection of the purchasing power of their wages, with guidance towards rational and healthy patterns of consumption.

Article 196. For the purposes of the previous Article, the Institute, in accordance with the financial possibilities of the Social and Cultural Services Fund, shall provide the following social services at prices:

I. Programs and support services for the purchase of basic and household products;

II. Tourist services;

III. Funeral services;

IV. Care services for child welfare and development, and

V. The others agreed by the Board of Directors, provided that financial viability is not affected in the short, medium or long term.

Section II

Cultural Services

Article 197. The Institute will provide cultural, recreational and sports programs that tend to care for and strengthen health. mental and social integration of the Worker, and its future development, with the cooperation and support of the Workers.

Item 198. For the purposes set out above, the Institute, in accordance with the financial possibilities of the Social and Cultural Services Fund, shall provide the following services:

I. Cultural programs;

II. Educational and training programs;

III. Attention to retirees, Pensioners and the disabled;

IV. Sports Promotion Programs, and

V. The others agreed by the Board of Directors, provided that financial viability is not affected in the short, medium or long term.

Section III

Financial Regime

Article 199. Social and cultural services will be funded as follows:

I. Workers have a zero-point quota of five percent of Basic Pay, and

II. To the Dependencies and Entities it corresponds to a contribution of zero point five percent of the Basic Salary.

In addition to the above, for care services for child welfare and development, the Dependencies and Entities will cover fifty percent of the cost. unit for each of the children of its Workers who make use of the service in the children's welfare stays of the Institute. This cost will be determined annually by the Board of Directors.

THIRD TITLE

OF THE VOLUNTARY SCHEME

CHAPTER I

VOLUNTARY CONTINUATION IN THE MANDATORY REGIME

Article 200. The Worker who ceases to provide his/her services in any Dependence or Entity and does not have the quality of Pensioning, may apply for the continuation on all or some of the insurance of the compulsory scheme, with the exception of the risk insurance of the work and, for that purpose, shall cover all the quotas and contributions corresponding to the provisions of the financial arrangements for the insurance in which you wish to continue voluntarily. The Contributions and Contributions shall be adjusted annually in accordance with the relevant changes in the Basic Salary in the category held by the person concerned in the post which he has occupied in his last employment.

For the health insurance case it will be required that the Worker accredit to have worked, at least, five years in some Dependence or Entity incorporated to the Institute.

The payment of the Quota and Contributions will be made by bimestre or advance annuities.

Article 201. The voluntary continuation must be made in writing to the Institute within 60 days of the absence of employment.

Article 202. The voluntary continuation will end with:

I. The stakeholder's express statement;

II. Stop paying the quotas and contributions within the time limits referred to in Article 200 of this Law, and

III. Re-enter the mandatory regime of this Law.

Article 203. The registration of Family Members and the other rules of the contracted insurance shall be in accordance with the applicable provisions laid down in this Law.

CHAPTER II

VOLUNTARY INCORPORATION INTO THE MANDATORY REGIME

Article 204. The Institute may conclude agreements with the governments of the Federative Entities or the municipalities and their Dependencies and Entities, in order to (a) his or her Workers and Family Members are entitled to the insurance, benefits and services of the compulsory scheme of this Law. The incorporation must be total and, in no case, the Institute may grant insurance, benefits or services that are not provided for in the relevant agreement.

The provisions to be subject to the Dependencies and Entities provided for in this Law shall also apply to the respective Dependencies and Entities of the Federal entities and municipalities, in so far as it is conducive and in terms of the conventions referred to in the preceding paragraph, which, for this purpose, are concluded.

For the conclusion of these incorporation agreements, the local dependencies and entities mentioned above, must guarantee unconditionally the payment of Quotas and Contributions and the necessary budgetary sufficiency and authorize the Institute to hold at any time the audits that are necessary to verify that budgetary sufficiency.

The agreements referred to in this article should also be subject to the text approved by the Board of the Institute, which shall contain the Unconditional guarantee of payment of the quotas and corresponding contributions, provided, where appropriate, the affectation of their participations and federal transfers, in terms of the applicable federal and local provisions, to cover the debit, as well as the way in which the liquidation of the rights of Workers at the termination of the agreement.

In the event that the affected federal units are not sufficient to cover the debit, the Institute shall require the Federal Entities and municipalities to and to exercise the legal means to make the debits effective. In this case, the Institute shall make public the debits in the largest circulation newspaper in the locality and in a national circulation newspaper.

The Secretariat of Finance and Public Credit, within the scope of its powers, shall, where appropriate, carry out the affectation of the units and transfers The Federal Government of the Federal Government of the Member In the light of the above, the incorporation agreements shall have the prior opinion of that Secretariat.

Article 205. The incorporation agreements must provide that the insurance, services and benefits provided to the employees incorporated in the Institute by virtue of the agreement are equal to those provided to the workers incorporated in the the terms of the provisions of Article 1. of this Law.

To this effect, the workers incorporated will be applicable to the Basic Salary by calculating their contribution years from the conclusion of the agreement, except in the the case provided for in the following paragraph.

In the incorporation agreements that include recognition of seniority, the reserves that result from the actuarial studies must be paid or previously guaranteed for the timely fulfillment of the insurance, benefits and services that this Law points out and to make the necessary contributions to the Individual Accounts of the incorporated workers so that their balance is equivalent to the age that they are intend to recognize.

Likewise, in cases of replacement of social security arrangements, the reserves constituted must be transferred in favor of the Institute in the form and terms in which is appropriate.

The governments of the Federative Entities, the municipalities, their Dependencies and Entities, as well as their Workers who voluntarily join the regime of this Law, cover the quotas and contributions for the insurance, benefits and services resulting from the actuarial studies corresponding to each case carried out by the Institute, which in no case may be less than those provided for in this Law for the respective insurance.

In the incorporation agreements, it must be ensured that the built-in dependencies and entities have the necessary technological infrastructure for the administration and automated exchange of information required by the Institute.

Failure to comply with the provisions of this Article shall be the cause of liability under the terms of the Federal Law on Administrative Responsibilities of the Public Servers.

CHAPTER III

SPECIAL PROVISIONS

Article 206. The Institute reserves the right to contract the insurance, benefits and services referred to in this Title, as well as to terminate the validity of such an advance, in the event that there are sufficient grounds or grounds for judgment of the Institute which endanger the proper and efficient provision of services, the financial balance of the Institute itself or the preservation of the insurance, benefits and services of the compulsory scheme.

The same provision shall be made for the additions referred to in paragraphs VII and VIII of Article 1. of this Law.

For the early termination of any voluntary incorporation agreement or for the voluntary continuation regime of any Worker, a resolution of the Board of Directors and the notification of such a resolution to the Dependence or Entity, or, where appropriate, to the interested parties concerned, with a period of at least one hundred and eighty days prior to termination.

TITLE FOURTH

INSTITUTE FUNCTIONS AND ORGANIZATION

CHAPTER I

FUNTIONS

Article 207. The Institute will have legal personality to celebrate all kinds of acts and contracts, as well as to defend their rights in court or abroad. of them, and in order to exercise the judicial actions or extra-judicial efforts that they have. In order to desist from the attempted actions or the actions brought, as well as to cease to have the laws granted to him, in the case of matters affecting the federal treasury, the costs of administration of the Institute for the corresponding amount as stated in the express agreement of the Board of the Institute.

Article 208. The Institute will have the following functions:

I. Comply with approved programs to grant insurance, benefits, and services to your office;

II. Issue resolutions that recognize the right to Pensions;

III. Determine, monitor, collect and collect the amount of the quotas and contributions, as well as the other resources of the Institute, in respect of retirement insurance, advanced age and old age, the whole of the quotas and contributions it shall be carried out by means of the computer systems or software to be determined by the National Commission of the Retirement Savings System;

IV. Invest the Funds of the Reserves in accordance with the provisions of this Law;

V. Acquire or dispose of the movable and immovable property necessary for the realization of its purposes;

VI. Establish the structure and operation of its administrative units in accordance with its approved budget and the organic status to be issued by the Board;

VII. Manage the insurance, benefits and services provided for in this Act;

VIII. Spread knowledge and social forecasting practices;

IX. Issue regulations for the proper provision of services and internal organization;

X. Perform all kinds of legal acts and conclude contracts requiring the insurance, benefits and services provided for in this Law, and

XI. The other functions entrusted to you by this Law and its regulations.

The financing of the Institute's general administrative expenses that are not strictly related to the provision of insurance, service or service must be based on the equivalent of the amount which would result from the application of a one-point contribution of five per cent of the basic salary to the total of the employees.

CHAPTER II

GOVERNING BODIES

Article 209. The governing bodies of the Institute shall be:

I. The Board Of Directors;

II. The Director General;

III. The Executive Committee of the Housing Fund;

IV. The Executive Committee of the PENSIONISSSTE, and

V. The Surveillance Commission.

Article 210. The Board of Directors shall consist of 19 members as follows:

I. The Director General of the Institute, who will chair the Board of Directors;

II. The holder and two deputy secretaries of the Secretariat of Finance and Public Credit, as well as the head of the Secretariats of Health, Social Development, Labor and Social Welfare, Environment and Natural Resources and the Public Service and the Director General of the IMSS, and

III. Nine representatives of the workers ' organizations.

For each member of the Board of Directors, an alternate will be appointed who will act in case of temporary faults of the owner, and this should be an official with the rank immediately less than the owner member.

Article 211. The members of the Board of Directors may not be at the same time public servants of trust of the Institute, except the Director General.

Article 212. The members of the Board of Directors shall last in their positions for the duration of their appointment. Their appointments may be freely revoked by those who have appointed them.

Article 213. To be a member of the Board of Directors it is required:

I. Be a Mexican citizen and be in full enjoyment and exercise of your civil and political rights, and

II. Be of recognized competence and good repute.

Article 214. Corresponds to the Board of Directors:

I. Authorize plans and programs to be submitted by the Directorate-General for the Institute's operations and services;

II. Browse for approval and modification, the institutional program and the annual operational programs in accordance with the provisions of the Planning Act, as well as the financial statements of the Institute;

III. Examine and approve the Institute's administrative, operation and surveillance expenditure budget annually;

IV. Approve the Institute's investment policies, on a proposal from the Investment Committee, except for retirement insurance, advanced age and old age, and the annual actuarial and financial reserve program to be set up for ensure the granting of insurance, benefits and services that determines this Law, as well as the fulfillment of its purposes;

V. Know and approve, if appropriate, in the first two-year period of the year, the report of the state that the Institute's administration is keeping;

VI. Approve the organic status and regulations necessary for the operation of the Institute proposed by the Director General;

VII. Set or delete Institute Delegations in the Federative Entities;

VIII. Authorize the Director General to conclude agreements with the governments of the Federative Entities or the municipalities or their Dependencies or Entities, in order to ensure that their Workers and Family Members take advantage of the insurance, benefits and services comprising the scheme of this Act;

IX. Dictate the agreements and resolutions referred to in Article 219 of this Law;

X. Dictate the agreements that are necessary to grant the benefits provided for in the insurance, benefits and services provided for in this Act;

XI. Constitute a proposal of the Director General, a Scientific and Medical Advisory Board;

XII. Name and remove the trust staff of the first level of the Institute, on a proposal from the Director General, without prejudice to the powers delegated to it;

XIII. Confer general or special powers, according to the Director General;

XIV. Give prizes, stimuli and rewards to the public servants of the Institute, in accordance with the law of the matter;

XV. Propose to the Federal Executive the draft reforms to this Law;

XVI. In relation to the Housing Fund:

a) Browse and, if applicable, approve the revenue and expenditure budget, as well as the Housing Fund's work and financing programs for the next year;

b) Browse and, where appropriate, approve, in the first bimonth of the year, the activities report of the Executive Committee of the Housing Fund and, within the four the first months of the year, the financial statements resulting from the operation in the last financial year;

c) Set the rules for granting credits;

d) Browse and, if applicable, approve the Housing Fund's administrative, operation and surveillance expenditure budget annually, which shall not exceed from zero point seventy-five percent of the total resources you handle;

e) Approve the investment and reserve programs that must be constituted to ensure the operation of the Housing Fund and the fulfilment of the other purposes and obligations of the same;

f) To monitor that the credits and funding granted are intended for the purposes for which they were scheduled, and

g) The other functions required for compliance with the purposes of the Housing Fund;

XVII. In relation to PENSIONISSSTE:

a) Browse and, if applicable, approve the revenue and expenditure budget, as well as the work and investment programs of the National Pension Fund. Workers to the State Service;

b) Browse and, where appropriate, approve in the first two months of the year, the activities report of the PENSIONISSSTE Executive Committee and, within the four the first months of the year, the financial statements resulting from the operation in the last financial year;

c) Browse and, if applicable, approve on a proposal from the PENSIONISSSTE Executive Committee, the investment strategy of the resources;

d) Browse and, if applicable, approve the PENSIONISSSTE administration, operation and surveillance expenses budget annually;

e) Browse and, if applicable, approve on a proposal from the PENSIONISSSTE Executive Committee, the Reservations program to be set up to ensure the operation of the PENSIONISSSTE and the fulfilment of the other purposes and obligations of the same;

f) Authorize the constitution of specialized investment companies for retirement funds, and

g) The other functions required for compliance with the purposes of the PENSIONISSSTE;

XVIII. Approve solidarity contribution mechanisms between the Institute and its successors;

XIX. To present to the Federal Executive, through the Secretariat of Finance and Public Credit, and to the Congress of the Union, no later than 30 June of each year, a report by external auditor, which includes at least the following items:

a) The financial situation of each insurance offered by the Institute, and actuarial of its reserves, providing evidence to assess whether the corresponding premiums are sufficient to cover the current and future expenses of the benefits derived from each insurance;

b) The possible risks, contingencies and liabilities that are being taken in each insurance and the financial capacity of the Institute to respond to them based on their available revenue and reserves;

c) Estimates of the possible modifications to the quotas and contributions of each insurance, if any, that can be foreseen, to maintain the financial viability of the Institute, and of the estimated dates on which such modifications may be required, and

d) The status of your total and any other liabilities that commit your expense for more than one tax year.

For the purposes of the above purposes, the Board shall report on the demographic trends of its successors, including changes in life expectancy; trends in the epidemiological transition, and changes in the gender composition of the workforce, among other factors. The risk estimate, in turn, will consider factors derived from the economic cycle, the evolution of the cost of treatments and drugs, the labor costs, the macroeconomic situation, as well as any other factors affecting the economy. The capacity of the Institute to fulfil its commitments. In all cases, the estimation of occupational risks and liabilities and of any other type shall be formulated with strict adherence to the accounting principles generally accepted by the organized accounting profession in Mexico.

The report should also contain information about the state of the facility and equipment of the Institute, particularly those dedicated to medical care, to be able to satisfy their right-holders in a satisfactory manner, and

XX. In general, perform all acts and operations authorized by this Law and those necessary for the best administration and government of the Institute.

Article 215. The Board of Directors shall meet once every three months, and may also hold the extraordinary sessions required.

For the validity of the sessions of the Board of Directors it will require the attendance of at least ten of its members, five of which must be representatives of the Status.

Article 216. The Board of Directors shall be assisted by a Secretary, the Investment Committee and the other technical support committees approved by the Board, whose functions shall be determined by the relevant regulations.

Article 217. The agreements of the Board of Directors shall be taken by a majority of votes of the members present. In the event of a tie, the President shall have a vote of quality.

Article 218. In the absence of the Chair of the Board, the sessions shall be chaired by one of the representatives of the State chosen from among those present.

Article 219. The resolutions of the Board of Directors that affect particular interests may be referred to within the following thirty days.

Article 220. The Director-General shall represent the Institute legally and shall have the following obligations and powers:

I. Execute the Institute's Board of Directors ' agreements and represent it in all acts requiring its intervention;

II. Convening sessions to Board members;

III. Submit to Board Approval:

a) The institutional program;

b) The Reservations administration and constitution program;

c) The annual operating program as set forth in the Planning Act;

d) The annual loan program;

e) The financial statements of the Institute, and

f) The financial and actuarial report;

IV. Submit to the Board of Directors an annual report of the state that the Institute's administration is keeping;

V. Submit to the Board of Directors the projects of organic status and regulations provided for in this Law;

VI. Issue the manuals of organization, procedures and services to the public, as well as the normative provisions and guidelines other than the regulations issued by the Federal Executive, necessary for the operation of the Institute;

VII. Propose to the Board of Directors the appointment and, where appropriate, the removal of the first level public servants of the Institute and appoint the Base and Trust Workers of the following levels, without prejudice to the delegation of powers for this purpose;

VIII. Resolving, under its immediate and direct responsibility, urgent matters subject to informing the Board of Directors about the actions taken and the results obtained;

IX. formulate the official calendar of activities of the Institute and grant licenses to staff, monitor their work and impose disciplinary corrections under the general working conditions, without prejudice to the delegation of faculties;

X. Chair sessions of the Audit and Control Committee;

XI. Sign the public scriptures and credit titles in which the Institute intervenes, represent the Institute in all judicial, extrajudicial and administrative management, and carry the signature of the Institute, without prejudice to the power to delegate these faculties;

XII. Inform the Secretariat of Finance and Public Credit bimonthly of the non-compliance in the payment of quotas and contributions;

XIII. Make public, the information of the Quota and Contributions default;

XIV. Exercise and desist from legal actions;

XV. Formulate the short, medium and long-term institutional programs, as well as the Institute's budgets and submit them for approval to the Board of Directors;

XVI. Establish the Institute's performance evaluation mechanisms;

XVII. Establish measures to ensure the Institute's long-term financial soundness;

XVIII. Chair the sessions of the Executive Committee of the Housing Fund and the PENSIONISSSTE, which may be delegated to the respective Executive Branch;

XIX. Propose to the Board of Directors the appointment of the Executive Vocals of the Housing Fund and PENSIONISSSTE, and

XX. The others to fix the laws or regulations and those expressly assigned to you by the Board of Directors.

Article 221. The Director-General shall be assisted by the public servants of trust who have the effect of indicating the organic status.

Article 222. The Monitoring Committee shall be composed of 11 members, with voice and vote, as follows:

I. Two representatives of the Secretariat of Finance and Public Credit;

II. Two representatives of the Secretariat of the Civil Service;

III. A representative of the Health Secretariat;

IV. A representative of the Institute, appointed by the Director-General to act as Technical Secretary, and

V. Five representatives appointed by the Workers ' organizations.

The Board of Directors every twelve months will appoint from among the members of the Supervisory Commission representatives of the Federal Government, to whom it should preside. The Presidency shall be rotating; in the event of inattendance by the President and his alternate, the Technical Secretary shall preside over the working session.

For each member of the Supervisory Commission, an alternate shall be appointed who shall act in the event of temporary faults of the holder and shall be an official with the rank immediately less than the owner member.

Article 223. The Supervisory Commission shall meet in session as many times as convened by its President or at the request of two of its members.

The Supervisory Commission will present an annual report to the Board on the exercise of its powers. Members of the Supervisory Board may request to attend meetings of the Board of Directors, in order to deal with urgent matters relating to the powers of the Commission.

Article 224. The Supervisory Commission shall have the following powers:

I. Monitor compliance with the laws and regulations applicable to the Institute;

II. Verify that the Institute's investments and resources are intended for the intended purposes of the approved budgets and programmes;

III. Have the practice of audits in all cases where it is deemed necessary, and may be assisted with the related areas of the Institute itself;

IV. Propose to the Board of Directors or the Director General, in accordance with their respective powers, the measures they deem appropriate to achieve greater effectiveness in the administration of insurance, performance and services;

V. Examine the financial statements and financial and actuarial valuation of the Institute, verifying the adequacy of the quotas and contributions and the fulfillment of the annual reserve constitution programs;

VI. Analyze the information about the Quota and Contributions integer;

VII. Designate the external auditors to assist the commission in the activities that so require;

VIII. To form, through the Technical Secretariat, the working groups it deems necessary, for the fulfilment of fractions I, II and III of this article, and

IX. Those which set out the organic status of the Institute and the other applicable legal provisions.

Article 225. The Federal Executive will establish the basis for determining the workers ' organizations to intervene in the appointment of the members of the governing bodies of the Institute.

CHAPTER III

INVESTMENTS COMMITTEE

Article 226. The Institute shall constitute an Investment Committee consisting of five members, of which at least two shall be persons. Independent experts with a minimum of five years ' experience in this field. The other three members of the Committee will be appointed respectively by the Secretariat of Finance and Public Credit, by the Bank of Mexico and by the Institute itself, corresponding to the latter.

Article 227. The Investment Committee shall be responsible for analyzing and making recommendations regarding the investment of the Funds of the Reserves that the Institute constitutes in accordance with the provisions of this Law.

CHAPTER IV

HERITAGE

Article 228. The heritage of the Institute will be:

I. Its properties, possessions, rights and obligations;

II. The Contributions, Contributions and Social Costs to health insurance that are established in the terms of this Law, except those of retirement insurance, old age and old age and the Housing Fund, which together with interest and income they generate, are the patrimony of the Workers;

III. The amount of the credits and interests in favour of the Institute, with the exception of those affected by the Housing Fund;

IV. The interest, income, capital gains and other profits to be obtained from the investments that the Institute makes in accordance with this Law;

V. The amount of the compensation, pension falls and interest that they prescribe in favour of the Institute;

VI. The proceeds of pecuniary sanctions arising from the application of this Law;

VII. Donations, inheritances and legacies in favor of the Institute;

VIII. The movable and immovable property which the Dependencies or Entities allocate and deliver for the services and services provided for in this Law, as well as those acquired by the Institute and which may be intended for the same purposes, and

IX. Any other perception in respect of which the Institute is a beneficiary.

Article 229. Workers or Pensioners and their family members are not entitled, individually or collectively, to the patrimony of the Institute, but only to enjoy the benefits that this Law grants them.

Article 230. The movable and immovable property belonging to the Institute shall enjoy the franchises, prerogatives and privileges granted to the funds and assets of the Federation.

Such assets, as well as the acts and contracts held by the Institute will be exempt from all kinds of taxes and duties, and those in which it intervenes housing shall not require a notarial intervention, without prejudice to the fact that the Worker may attend a public notary of his choice in the operations in which he is a party.

The Institute shall be deemed to be creditworthy and shall not be required to constitute deposits or legal bail of any kind.

Article 231. The remaining, surplus or operating profit, as well as the miscellaneous revenue generated or generated by the Institute, or its unconcentrated administrative operating bodies, shall increase the operational reserves for contingencies and financing in terms determined by the Board of Directors.

If it will happen at any time that the Institute's resources will not suffice to fulfill the obligations under its charge established by the Law, the deficit that have, will be covered by the Federal Government and the governments or Dependencies and Entities of the Federative and Municipal Entities that are the ones that are the ones that are the ones that are the regime of this Law in the proportion that to each one corresponds.

In case the financial and actuarial report that is submitted to the Board of Directors annually, it yields as a result that the Quota and Contributions are insufficient to comply with the obligations of one or more of the insurance and services provided by the Institute, the Director General shall be required to do so by the knowledge of the Federal Executive, the Congress of the Union and the general public.

CHAPTER V

RESERVES AND INVESTMENTS

Section I

Generalities

Article 232. The Institute, to ensure due and timely compliance with the obligations it contracts, arising from the payment of benefits and the provision of services and insurance provided in this Law, shall constitute and account for each insurance and for the services, the provision and the financial support of the Reserves that are established in this Chapter, in terms of the same indicates.

The reserves will form part of the Institute's liabilities and will only be available to them to meet the purposes set out in this Law and to guarantee their financial viability in the long term. Failure to comply with the provisions of this Article shall be the cause of liability under the terms of the Federal Law on Administrative Responsibilities of Public Servants.

Article 233. In the event that increases in the financial and actuarial reserves or in the general financial and actuarial reserve are determined, these increases shall be recorded in the liability provisions, the accrual and flow expense of the cash and make contributions to the reserves that support them. Contributions for their increase or reconstitution shall be made quarterly or annually, as appropriate, and shall be definitively established at the end of each financial year.

Article 234. The Institute shall be the following Reservations:

I. Operation reserve;

II. Contingency and financing reserve reserve;

III. Financial and actuarial reserves, and

IV. General financial and actuarial reserves.

The resources allocated to the reserves indicated are outside the budgetary annuity provisions, so they will be able to finance obligations and contingencies beyond of a single fiscal year. The Institute of these Funds must be informed of the multi-year management of these funds by the Secretariat of Finance and Public Credit by the end of the twenty-eighth day of February of the following year.

Section II

Of Insurance Reserves

Article 235. An Operation Reserve will be established, which will finance the operations and investments budgeted for each financial year in all insurance and services.

The Operating Reserve will receive all of the income from the Health Insurance Fees, Contributions and Social Fee, which is to be administered to the Institute, as well as the transfer of the Federal Government to cover the quotas and the contributions it must make. This reserve can only be made available to cover the payment of insurance, services, benefits, administrative and investment expenses, and for the establishment of the operational reserves for contingencies and financing, financial and actuarial and general actuarial and actuarial.

At the close of the fiscal year this Reserve must not record any balance.

Article 236. In the case of retirement insurance, old age and old age, the Housing Fund and the Personal Loan Fund, the corresponding Chapters of this Law will be available.

Article 237. The financial and actuarial reserves shall be constituted for each of the insurance, except for retirement, advanced age and old age and the Housing Fund Sub-account, and for each of the hedges, through a contribution quarterly calculated on the income of the same, that they consider the long-term financial sustainability estimates contained in the financial and actuarial report that is presented annually to the Board of Directors. Each of these Reserves may be divided and managed in accordance with the nature of the risks affecting each insurance and hedges. This separation will seek the best balance between the sources and characteristics of the risk and the resources needed for your financing.

Article 238. The general financial and actuarial reserve shall be constituted, increased or reconstituted through an annual contribution to be estimated in the financial and actuarial report presented annually to the Board of Directors, in order to deal with catastrophic or significant changes in the financial character of income or drastic increases in discharges resulting from severe and long-lasting epidemiological or economic problems that cause the insufficiency of any of the Financial and actuarial reserves.

Article 239. The Institute shall constitute the Reserve of Operation for Contingencies and Financing referred to in this Chapter by separating it into three lines, forecast, catastrophic and special:

I. The forecast line may be used to finance physical investment expenses when unfavorable economic conditions hinder the planned advance in physical investment projects;

II. The catastrophic line may be used to deal with expenses of any kind to deal with natural disasters or causes of force majeure that by their nature have not been insured, and

III. The special line may be used to deal with special cases provided for at the time of its establishment.

For the use of these resources, the approval of the Board of the Institute should be answered and the Secretariat of Finance and Public Credit should be notified. of its application, which will have ten working days to suspend the use of these resources if the required conditions do not exist.

Article 240. The contingency and financing reserve shall be constituted, increased or reconstituted on a quarterly basis up to an amount equivalent to sixty calendar days of the Institute's total income in the previous year, excluding the resources for retirement insurance, advanced age and old age and the Housing Fund.

In addition to the ordinary income from quotas and contributions, the reserve of operation for contingencies and financing will be able to affect the resources that Get the Institute. The Board of Directors shall, where appropriate, dictate the respective agreement, which shall, automatically, amend the annual reserve management and constitution programme.

The Institute, subject to the authorization of the Board of Directors, may have the resources assigned to the Operation Reserve for Contingencies and Financing, to cover contingency up to an amount equivalent to ninety days of average income from the previous year of insurance or service that requires financing.

To exercise the resources of the Operation Reserve for contingencies and financing, contingency will be understood in some insurance or service, some event that would have been It has been impossible to schedule and budget with opportunity, which will put pressure on the Institute's expenditure for the only time in a fiscal year and that, if it does not face up, it will put at risk compliance with the legal obligations of the Institute.

When any of these situations arise, the Director General shall be required to do so by the knowledge of the Federal Executive and the Congress of the Union.

The resources to finance contingencies must be reintegrated with the corresponding interest, in the terms of the respective regulations, within a period not greater than three years.

Article 241. The financial and actuarial reserves and the general financial and actuarial reserve shall be constituted in the form, terms and deadlines to be established by the Board of Directors, in accordance with the relevant regulation, considering the report that the Institute send you.

Article 242. The Institute may have the financial and actuarial reserves of each insurance and coverage only to cover the needs of the each of them, upon agreement of the Board of Directors at the proposal of the Director General, and only to face falls in the income or increases in the expenditures derived from economic problems of duration greater than one year, as well as to face fluctuations in claims greater than those estimated in the actuarial study it is submitted annually to the Board of Directors or for the payment of future benefits for which the corresponding provision would have been made.

Section III

From the Annual Reserves Administration and Constitution Program

Article 243. On a proposal from the Director General, based on the draft budget for the following financial year and on the financial and actuarial studies that are submit each year to the Board of Directors, the Board shall approve each year prior to the beginning of the fiscal year an annual program of administration and constitution of reserves, in accordance with the corresponding regulation, which shall confirm or adapt to the driver, once the final spending budget is known of the Institute. This program will contain at least the following items:

I. A report on all the financial resources held by the Institute, separating them by type of Reserves under this Law;

II. Projections of total cash receipts and expenditures, and of the Operating Reserve for the following fiscal year;

III. The quarterly and annual amounts that will be devoted to increasing or reconstituting each of the reserves in the following fiscal year; projection of the interest rates that will be generated by these reserves and the expected amounts thereof at the end of the exercise, and

IV. The annual resources that are expected to affect the operating reserve for the next fiscal year.

The Board of Directors, acting on a proposal from the Director General, may at any time modify the allocation of resources contained in the management programme and Reserves, with the exception of the amounts of increase in the financial and actuarial reserves and the general financial and actuarial reserve, when the flows of income and expenses during the financial year so require. The Director-General's proposal should describe the impact that such modification will have on the medium and long term.

Section IV

From the Investment of Reserves and its Use for Operation

Article 244. The Institute must have an administrative unit that will specialize in the investment of the resources of the Institute and the mechanisms to be used for this purpose, in accordance with the relevant regulation, under criteria of prudence, security, performance, liquidity, risk diversification, transparency and respect for sound practices and uses of the national financial environment; seeking full disclosure of information.

This administrative unit should have a professional and operational infrastructure that allows for a flexible, transparent and efficient process.

Article 245. The Operation Reserve and the Operation Reserve for Contingencies and Financing shall be invested in securities issued or guaranteed by the Federal Government; or, where appropriate, previously hearing the opinion of the Investment Committee, in securities of high credit quality or other financial instruments.

Article 246. The investments of the financial and actuarial reserves and the general financial and actuarial reserve, as provided for in this Chapter, may be invested only in securities, receivables and other rights, as determined by the Board of Directors, previously hearing the opinion of the Investment Committee, in accordance with the relevant regulation.

The interest or income generated by each Reserve must be applied exclusively to the Reserve that originates them.

Section V

From Accounting

Article 247. The income and expenses of each insurance, benefit and service, as well as the Reserves, will be recorded separately. The common expenses shall be subject to the general rules for the distribution of costs, the catalogue of accounts and the accounting manual and the exercise of the expenditure authorized by the Secretariat of Finance and Public Credit.

The catalogue of accounts and the accounting manual and the expenditure year shall be based on the equivalents which the authorities have established for the purposes of the competent for the Entities of the Federal Public Administration, adapting them, for the purpose of accountability, to the characteristics and needs of an institution that performs a social function.

TITLE FIFTH

OF THE PRESCRIPTION

Article 248. The right to the Pension is imprinted. Falls and any provision in money by the Institute which is not claimed within five years of the date on which they were due shall be prescribed in favour of the Institute.

Article 249. The appropriations in respect of which the Institute has the character of a creditor, whatever its kind, shall be prescribed in ten years from the date on which the Institute itself can, in accordance with the Law, exercise its rights.

Article 250. The obligations which the Institute points out in this Law shall be prescribed within ten years from the date on which they are due. The prescription will be interrupted by any collection management.

Article 251. The right of the Worker and, where applicable, of the beneficiaries, to receive the resources of his Individual Account of the retirement insurance, unemployment in advanced age and old age in the terms of this Law, prescribes in favor of the Institute at ten years that they are enforceable.

TITLE SIXTH

OF RESPONSIBILITIES AND SANCTIONS

Article 252. The public servants of the Dependencies and Entities, who cease to comply with any of the obligations imposed on them by this Law, will be responsible in the terms of the applicable provisions.

Article 253. The Institute shall take appropriate action against those who misuse or make use of the rights or benefits established by this Law, and shall exercise to the competent authorities the appropriate actions, including complaints or complaints, and shall carry out all acts and procedures which they lawfully carry out, as well as against those who cause damage or damage to their property or try to carry out any of the acts listed above.

Article 254. The interpretation of the precepts of this Law, for administrative purposes, will be the responsibility of the Secretariat of Finance and Public Credit.

TRANSIENT

FIRST. This Law shall enter into force on the day following that of its publication in the Official Journal of the Federation, with the exception of Articles 42, 75, 101, 140, 193 and 199, which will enter into force on the first day of January of two thousand eight.

The provisions of paragraphs I, V and VI of the transitional article shall apply to all Workers until they exercise the right provided for in the Article fifth transient.

SECOND. As of the entry into force of this Law, the Law of the Institute of Safety and Social Services of the State Workers published in the Official Journal of the Federation on the twenty-seventh of December of a thousand nine hundred and eighty three with its reforms and additions, with the exception of Articles 16, 21, 25 and 90 Bis B, same that will be in force until the thirties and one of December two thousand seven.

THIRD. All regulatory and administrative provisions that do not object to this Law shall remain in force until the rules are issued. relating to this order.

WORKERS ' RIGHTS

FOURTH. Workers who are listed under the Institute's regime at the date of entry into force of this Law are recognized for periods of time. previously listed.

QUINTO. Workers have the right to opt for the regime set out in the 10th transitional article, or for the accreditation of the Pension Bonds of the ISSSTE in your Individual Accounts.

SIXTH. For the purposes mentioned in the previous article, within a period not exceeding thirty-one in December of two thousand seven, the next:

I. The Institute shall credit the contribution time of each Worker in accordance with the information available in his records and databases, as well as with which he is to be collected for this purpose, in accordance with the programmes and criteria he considers relevant;

II. On the basis of the information relating to the accredited contribution time of each Worker, the Institute will give to the Secretariat of Finance and Public Credit the preliminary calculation of the amounts of the Pension Bonds of the ISSSTE that correspond;

III. Through the appropriate mechanisms, the Secretariat of Finance and Public Credit and the Institute will make the workers ' knowledge the preliminary calculation of their Pension Bonds, as well as information on the options to which are entitled in accordance with the provisions of this order; and

IV. The Dependencies and Entities shall collaborate with the Secretariat of Finance and Public Credit and the Institute in all the necessary to integrate the documentation and information required for the accreditation of the time of contribution, the Basic Salary and the calculation of the Workers ' Pension Bonus, as well as to inform them about the options and rights correlated.

SEVENTH. Starting on the first day of January of two thousand eight, the Workers will have six months to opt for the regime provided for in the transitional article for the accreditation of ISSSTE's Pension Bonds.

Within that period, in case the Worker considers that his basic salary or contribution time is different from those credited to him as a basis for the preliminary calculation of your Pension Bonus, you will be entitled to give to the Institute, to carry out the revision and adjustment that in your case correspond, the unique sheets of service that for this effect will issue you the Dependencies and Entities in which you have worked, for the purpose of making the adjustments to be recognised in the calculation of the Pension bonus, as part of the necessary elements to support your decision.

The option adopted by the Worker must communicate it in writing to the Institute through the Dependencies and Entities, in the terms that are established and made known, and will be final, unrenountable and cannot be modified. The format to be approved for exercising this right must be published in the Official Journal of the Federation.

When the Worker does not manifest the option he chooses within the time limit, he/she must be informed in the terms that he/she establishes the respective regulations as which will be respected as conducive to workers who do not manifest their choice.

EIGHTH. Workers who have opted for the transitional Article 10th regime shall in no case be entitled to the accreditation of the Pension Bonds of the ISSSTE.

NINTH. The nominal emission value expressed in investment units of the ISSSTE Pension Bonds to be calculated for each Worker will be determined according to the following table:

To determine the amount of the ISSSTE Pension Bonds in each particular case, the number corresponding in the table must be multiplied to the quote years and age of the Worker, by the Basic Salary, raised to the year and expressed in units of investment, that the Worker is receiving on the last day of the year before the law.

WORKERS 'REGIME WHO DON' T OPT FOR THE BONUS

DECIMAL. For Workers who do not opt for the ISSSTE Pension Bond accreditation, the following modalities apply:

I. As of the entry into force of this Law until thirty-one December of two thousand nine:

a) Workers who have been listed for thirty years or more and the Workers who have been listed for twenty-eight years or more will be entitled to Pension for Retirement 100% of the average of the basic salary of his last year of service and his perception will start from the day following the one in which the Worker had enjoyed the last salary before causing a discharge;

b) Workers who meet fifty-five years of age or more and fifteen or more years of contribution to the Institute shall be entitled to a retirement pension by age and service time equivalent to a percentage of the average Basic Salary of your last year of service that is defined in fraction IV, according to the following Table:

15 years of service ........................ 50%

16 years of service ........................ 52.5%

17 years of service ........................ 55%

18 years of service ........................ 57.5%

19 years of service ........................ 60%

20 years of service ........................ 62.5%

21 years of service ........................ 65%

22 years of service ........................ 67.5%

23 years of service ........................ 70%

24 years of service ........................ 72.5%

25 years of service ........................ 75%

26 years of service ........................ 80%

27 years of service ........................ 85%

28 years of service ........................ 90%

29 years of service ........................ 95%

c) Workers who voluntarily separate from the service or who are deprived of work after sixty years of age and who have been listed by a For at least 10 years to the Institute, they shall be entitled to an advanced age-guarantee pension equal to a percentage of the average basic salary of their last year of service, in accordance with the following table:

60 years of age 10 years of service 40%

61 years of age 10 years of service 42%

62 years of age 10 years of service 44%

63 years of age 10 years of service 46%

64 years of age 10 years of services 48%

65 or more years of age 10 years of services 50%

The grant of the advanced age-guarantee pension will be determined in accordance with the above table, increasing annually in accordance with the percentages fixed up to the sixty-five years, from which he shall enjoy the fifty per cent fixed;

II. As of January 1, two thousand ten:

a) Workers who have been listed for thirty years or more and the Workers who have been listed for twenty-eight years or more will be entitled to Pension Pension according to the following table:

Years

Minimum Age of Retirement Workers

Working Retirement Minimum

2010 and 2011

51

49

2012 and 2013

52

50

2014 and 2015

53

51

2016 and 2017

54

52

2018 and 2019

55

53

2020 and 2021

56

54

2022 and 2023

57

55

2024 and 2025

58

56

2026 and 2027

59

57

2028 onwards

60

58

Pension pension will entitle you to the payment of an amount equal to one hundred percent of the salary that is defined in fraction IV and your perception will start from the day following the one in which the Worker had enjoyed the last salary before causing a discharge;

b) Workers who meet 55 years of age or more and fifteen years ' contributions or more to the Institute will be entitled to a retirement pension for age and time services.

The amount of the retirement pension for age and service time will be equal to a percentage of the salary that is defined in fraction IV, according to the percentages of the following table:

15 years of service .......................... 50%

16 years of service .......................... 52.5%

17 years of service .......................... 55%

18 years of service .......................... 57.5%

19 years of service .......................... 60%

20 years of service .......................... 62.5%

21 years of service .......................... 65%

22 years of service .......................... 67.5%

23 years of service .......................... 70%

24 years of service .......................... 72.5%

25 years of service .......................... 75%

26 years of service .......................... 80%

27 years of service .......................... 85%

28 years of service .......................... 90%

29 years of service .......................... 95%

The age referred to in this paragraph will be incrementally increased according to the following table:

Years

Age for age and service

2010 and 2011

56

2012 and 2013

57

2014 and 2015

58

2016 and 2017

59

2018 onwards

60

(c) They will be entitled to Pension for an advanced age, workers who voluntarily separate from the service or who are deprived of work after Sixty years of age and who have paid for a minimum of ten years to the Institute.

The Pension referred to in this fraction shall be equal to a percentage of the salary defined in section IV, applying the percentages specified in the next table:

60 years of age 10 years of service 40%

61 years of age 10 years of service 42%

62 years of age 10 years of service 44%

63 years of age 10 years of service 46%

64 years of age 10 years of services 48%

65 or more years of age 10 years of services 50%

The grant of the advanced age-guarantee pension will be determined in accordance with the above table, increasing annually in accordance with the percentages fixed up to the sixty-five years, from which he will enjoy fifty percent fixed.

The minimum age to be pensioned by an advanced age-guarantee will be gradually increased according to the following table:

Years

Age for old-age unemployment

2010 and 2011

61

2012 and 2013

62

2014 and 2015

63

2016 and 2017

64

2018 onwards

65

The pensions to which the persons referred to in the table above will be entitled will start at forty per cent in each row and increase by two per cent each year of age until reaching the maximum pension of fifty percent;

III. The computation of the years of service will be considered only one of the jobs, even if the Worker had simultaneously performed several jobs listed to the Institute, whatever they were; consequently, for that computation consider, for once, the time during which the worker's character has been or has the worker's character;

IV. To calculate the amount of the amounts corresponding to Pension, the average of the basic salary enjoyed in the last immediate year before the date of the worker's discharge, will be taken into account, as long as the Worker has a minimum age in the same position and level of three years. If the Worker has less than three years of the same post and level, the immediate salary prior to such post as the Worker has received shall be taken into account, no matter how old it is;

V. The workers referred to in this Article, in the event of a risk of work, and their family members, in the event of their death as a result of a risk of work, shall be entitled to a pension in the terms of the provided by the risk insurance of the work provided for in this Law. To this end, the Institute, with the resources to be transferred to it by the Federal Government, will hire a Life Income in favor of the Worker, or in case of death, the Insurance of Survival for their Families Rightholders;

VI. The Workers referred to in this Article, in the event of invalidity, shall be subject to a minimum contribution period of 15 years in order to be entitled to Pension, which shall be granted for a percentage of the average basic salary enjoyed in the last immediate year before, as follows:

15 years of service .......................... 50%

16 years of service .......................... 52.5%

17 years of service .......................... 55%

18 years of service .......................... 57.5%

19 years of service .......................... 60%

20 years of service .......................... 62.5%

21 years of service .......................... 65%

22 years of service .......................... 67.5%

23 years of service .......................... 70%

24 years of service .......................... 72.5%

25 years of service .......................... 75%

26 years of service .......................... 80%

27 years of service .......................... 85%

28 years of service .......................... 90%

29 years of service .......................... 95%

The family members of the deceased worker, in the order established by the pension section for the death of the invalidity and life insurance, are entitled to a Pension equivalent to one hundred percent of the one that had been paid to the Worker, applying the minimum period of fifteen years of contribution to be entitled to the Pension.

TENTH FIRST. The Quota and Contributions of the retirement insurance, advanced age and old age of the Workers who opt for the scheme provided for in the article The former will be admitted to the treasury of the Institute, except the contribution of the two percent retirement, which will be allocated to the Sub-account of savings for the retirement of the Individual Accounts of these Workers that will be administered exclusively by PENSIONISSSTE.

TENTH SECOND. They will be in charge of the Federal Government for Pensions to be granted to Workers who opt for the scheme set out in Article 10 transient, as well as the cost of your administration.

The Federal Government will comply with the provisions of the previous paragraph through the payment mechanisms that it determines through the Secretariat of Finance and Public Credit, the that in no case will affect the Workers.

The Institute will transfer to the Secretariat of Finance and Public Credit, the resources referred to in the previous article, in the terms that are agreed.

OF WORKERS WHO OPT FOR THE BONUS

TENTH THIRD. For Workers who have chosen the accreditation of the ISSSTE Pension Bonds, for the exercise of the right provided for in Article 80 of this Act, during the periods listed below, the following age or contribution time requirements must be met:

I. For the year 2008, be at least fifty-five years of age, or have been listed at the Institute for thirty or more years;

II. For the year 2009, be at least fifty-four years of age, or have been at the Institute for twenty-nine years or more;

III. During the year 2010, be at least fifty-three years old, or have been listed at the Institute for twenty-eight or more years;

IV. For the year 2011, be at least fifty-two years old, or have been listed at the Institute for twenty-seven or more years, and

V. For the year 2012, be at least fifty-one years old, or have been listed at the Institute for twenty-six or more years.

From 2013 onwards, these requirements will no longer be required.

TENTH QUARTER. Workers who by the date of entry into force of this Law have the right to be penalized under the law that is repealed and have chosen the The benefits of this Law, but that they wish to continue working, will receive, instead of the ISSSTE Pension Bonds, a deposit to the view denominated in investment units in the Bank of Mexico, with the same annual real interest rate used for the calculation of the mentioned ISSSTE Pension Bonds provided for in the article First transient, which will pay interest monthly.

The Secretariat of Finance and Public Credit will determine the form and terms in which the resources of this deposit may be used by the PENSIONISSSTE or, if applicable, the specialized investment companies of retirement funds to be chosen by the Worker for the investment of the resources of their Individual Account.

The amount of the deposit referred to in this article shall be determined in accordance with the table provided for in the transitional ninth article.

The operating companies of the SAR National Database must keep the individual record of these deposits until the information is given to the PENSIONISSSTE.

TENTH FIFTH. Workers who have accredited ISSSTE's Pension Bonds are working on the date of redemption of these Bonds, the amount settled by the amortisation, you can invest in new Pension Bonds of the ISSSTE.

TENTH SIXTH. Workers who by the date of entry into force of this Law are separated from the service and subsequently re-entered into it, and they want to that the time worked before you are computed to obtain the benefits of this Law, must reintegrate, if any, the total compensation that you have received. They shall also be required to work for at least one year from their re-entry.

After one year after the re-entry, the Worker must credit his/her seniority with his unique service sheets and will be credited with the Pension Bonds of the ISSSTE.

The benefits granted to the workers referred to in this article will be calculated on the basis of the basic salary of the year prior to their separation from the public service.

TENTH SEVENTH. Citizens who have served as the owners of the Congress of the Union and who have not voluntarily joined the Congress The Law that is repealed during its constitutional mandate, will have the right to ask the Institute for incorporation into it, through the payment of the quotas and contributions that are in force during the period in which they have served. This right shall be exercised within six months of the entry into force of this Law.

The exercise of the right referred to in this article shall result in the granting of the benefits provided for in this order.

RIGHTS OF PENSIONERS TO THE DATE OF ENTRY INTO FORCE OF THIS LAW

TENTH EIGHTH. The Retirees, Pensioners or their Family Members who, upon the entry into force of this Law, enjoy the benefits granted to them by the Law that abrogated, shall continue to exercise their rights in the terms and conditions outlined in the provisions in force at the time of their granting.

TENTH NINTH. For the administration of the Pension in payment course, the Institute shall separately keep the accounts of the resources it receives for this purpose. end. The resources allocated by the Federal Government to the Institute to cover such pensions shall not be considered as income of the latter.

Annually, the Institute will transfer to the Federal Government, as appropriate with the Secretariat of Finance and Public Credit for this purpose, the resources of the Contributions and contributions from the insurance of occupational risks and invalidity and life of the workers who opted for the scheme provided for in the transitional article.

FEATURES OF ISSSTE PENSION BONUSES

20TH. ISSSTE's Pension Bonds will meet the following features:

I. They will be securities issued by the Federal Government in terms of applicable legal provisions, which will constitute direct and unconditional general obligations of the United Mexican States;

II. shall each have a nominal value of one hundred units of investment;

III. They shall be zero-coupon securities issued at par and shall have a constant nominal value in investment units;

IV. They will be non-negotiable titles;

V. The conversion of the investment units shall be made in accordance with the value of the units on the day of the maturity of the securities;

VI. The securities shall be issued in series with successive maturities, in accordance with the profile determined by the Secretariat of Finance and Public Credit;

VII. The amount and maturity of each series will correspond to the one that results from the Worker's Retirement Profile. This is, when the first of the following events happens, that the Worker is fifty-five years of age or thirty years of age. List the Institute, and

VIII. They may be written off prior to their due date, when the Federal Government, through the Secretariat of Finance and Public Credit, deems it appropriate or when the Worker has the right to take early retirement. In such cases, the advance redemption formula provided for in the first transitional article shall apply.

Based on the preliminary calculation of the amount of the ISSSTE Pension Bonds that the Institute provides to the Federal Government, through the Secretariat of Finance and Public Credit, this must determine the number of series, as well as the other characteristics of the ISSSTE Pension Bonds and the issue of the same.

At the latest on September 30, two thousand eight, the Institute will have to report to the Secretariat of Finance and Public Credit the exact amount of each series of Pension of the ISSSTE, accompanying the respective support, in the terms that are provided for in the relevant regulatory or administrative provisions.

The Bank of Mexico will be in charge of the custody, administration and service of the ISSSTE Pension Bonds.

TWENTY first. ISSSTE's Pension Bonds may be redeemed before maturity, when the Federal Government, through the Secretariat of Finance and Public Credit, consider it convenient or when the Worker has the right to be penalized. In such cases, the Worker will receive the amount of his Pension Bonds from the ISSSTE to the early redemption date according to the following formula:

Where:

t = The day on which the early redemption value of the ISSSTE Pension Bonus is evaluated.

Udit = Value of the investment unit on day t.

VR = Early redemption value expressed in weights per day t.

VN = Nominal value of issuance of the ISSSTE Pension Bonus, expressed in units of investment.

n = Number of missing years for the maturity of the ISSSTE Pension Bonus, expressed as the number of days for maturity, divided between three hundred and sixty-one five.

This formula uses the same calculation assumptions used to determine the value of the ISSSTE Pension Bonds credited to the Worker.

In accordance with the advance payment formula, the redemption value expressed in investment units of the ISSSTE Pension Bonds to the date of their issuance will be the following:

To determine the amount of the ISSSTE Pension Bonds in each particular case, the number corresponding in the table must be multiplied to the quote years and age of the Worker, for the basic monthly salary, raised to the year and expressed in units of investment, that the Worker is receiving on the last day of the year before the law.

In order to comply with the obligations generated by the Workers in accordance with the provisions of this Law, the Federal Executive is authorized, through the Secretary of Finance and Public Credit, to celebrate the legal acts necessary to issue and pay the ISSSTE Pension Bonds, as well as, if necessary, to hire, exercise, and authorize credits, borrowings and other forms of public credit, even by issuing securities, for the financing of obligations of the Federal Government associated with this Law. Likewise, the Federal Executive is authorized through the Secretariat of Finance and Public Credit to make the corresponding adjustments in the Federation's Government Budget. the obligations under the Federal Government referred to in this Law.

TWENTIETH SECOND. The procedures for crediting the Pension Bonds of the ISSSTE in the Individual Accounts and their transfer to the PENSIONISSSTE or the Administrators must be subject to the provisions issued by the National Commission of the Savings System for the Retirement.

The PENSIONISSSTE and, if applicable, the Administrators, must incorporate into account statements that they issue to the Workers the face value of their Pension Bonds of the ISSSTE in investment units and in pesos, as well as the advance payment value of the Bonds in investment units and in pesos, to the date of the court of the statement of account, in accordance with the provisions that the National Commission of the Retirement Savings System.

DEL PENSIONISSSTE

TWENTIETH THIRD. The Institute shall have a period of twelve months from the date of this Law, so that in the administrative order it establishes the necessary For the creation and operation of the PENSIONISSSTE, it must provide the human, material and budgetary resources that are required from the beginning of the PENSIONISSSTE operations until it receives resources for commissions.

The Federal Government will have to support the Institute, providing the necessary resources for the start of PENSIONISSSTE operations.

TWENTIETH QUARTER. During the period between the entry into force of this Law and the PENSIONISSSTE to take charge of the administration of the Accounts Individual of the Workers, the Quota and the Contributions of the retirement insurance, old age and old age will be deposited in the account taken by the Bank of Mexico, to the Institute.

The resources deposited in this account will be invested in securities or credits by the Federal Government, and will cause interest at a rate of two percent a year, payable monthly by reinvestment. The calculation of these interests shall be made on the monthly average daily balance, adjusted in an amount equal to that resulting from applying to that balance, the percentage variation of the National Consumer Price Index published by the Bank of Mexico, corresponding to the immediate month before the adjustment.

The operating companies of the SAR National Database will have to keep the records of the quotas and their individual contributions and their individualization, including the one related to the Contributions to the Housing Fund, for delivery to PENSIONISSSTE.

The Secretariat of Finance and Public Credit will establish the other characteristics of the account that the Bank of Mexico will bring to the Institute.

The National Commission of the Savings System for the Retiro will have to establish the procedure for registering the information of the quotas and contributions and the opening of the Individual Accounts in PENSIONISSSTE.

TWENTIETH FIFTH. The PENSIONISSSTE will administer the Individual Accounts of the affiliated Workers or who join the Institute for the thirty-six months following their creation. Workers who enter the regime from the entry into force of this Law, and have already opened an Individual Account in a Administrator, will be able to choose to stay in it.

Upon completion of the aforementioned period, the Workers referred to in the preceding paragraph may request the transfer of their Individual Account to any Administrator, or remain in the PENSIONISSSTE without any formalities. Also, from that date, the PENSIONISSSTE may receive the transfer of Individual Accounts of Workers affiliated to the IMSS or Independent Workers.

The ISSSTE Pension Bonds should not be considered by the Administrators for the calculation of the commissions that are authorized to charge the Accounts Individual.

Dealing with Workers who have chosen the entry into force of this Law to have their Individual Account operated by a Administrator and opt for accreditation Pension Bonds of the ISSSTE in terms of the fifth transitional article, said Individual Account will continue to be operated by the Administrator who have chosen and the Pension Bonds of the ISSSTE must be accredited in the Individual Accounts operated by such Administrators.

TWENTIETH SIXTH. The accumulated resources in the Individual Accounts opened under the savings system for the current retirement from the first two-month period. nine hundred and ninety-two until the date of entry into force of this Law, they must be transferred to the PENSIONISSSTE within the next month to start operations, and will be kept invested in credits by the Federal Government in the Bank of Mexico.

To the Workers who have chosen the accreditation of the Pension Bonds of the ISSSTE, they will be opened the Individual Account referred to this Law, in which they will accumulate the resources referred to in the preceding paragraph.

TWENTIETH SEVENTH. The Individual Accounts of the retirement savings system will be transferred and administered by the PENSIONISSSTE.

INTEGRAL STRENGTHENING OF THE INSTITUTE

TWENTY-eighth. The initial capital of operation of the Personal Loan Fund on the first day of the entry into force of this Law shall be constituted by the value of the current portfolio of personal loans, capital plus interest and the value of the resources. available from this Fund the day before the entry into force of this Law.

The Federal Government, for the strengthening of the Fund, will additionally provide, for one time, the amount of two billion pesos, within sixty days. following the entry into force of this Law. The Institute shall return this amount to the Federal Government, within the time limits and terms that it agrees with the Secretariat of Finance and Public Credit.

TWENTY-NINTH. In an extraordinary way, the Federal Government will have to provide health insurance the amount of eight billion pesos, in terms of The Institute and the Secretariat of Finance and Public Credit agree.

30TH. The Social Care of Health Insurance, will be covered by the Federal Government from the first day of January of the year two thousand eight. In that year, the Federal Government will provide the amount that will be sufficient to cover the Social Fee of fifty-seven points two percent of the total of the Workers and Pensioners to that date. The Federal Government will increase the contributions for health insurance in a fourteen point three percent of the workers and pensioners each year from two thousand nine, to cover one hundred percent of the Workers and Pensioners in the year two thousand eleven.

30TH FIRST. The quota for retirement insurance, advanced age and old age corresponding to the Workers must be adjusted to the provisions of the table next:

Years

Quota in charge of the Worker

At the entry into force of this Act

3.5%

2008

4,025%

2009

4.55%

2010

5,075%

2011

5.6%

2012 onwards

6.125%

GENERAL PROVISIONS

THIRTY-SECOND. The Institute shall provide to the Right-holders the means of identification referred to in Article 9o. of this Law, within a period of two years from the date of entry into force of the Law, without prejudice to the fact that the means of identification issued by the Institute to the Right-holders remain valid during that period.

THIRTY-THIRD. For the purposes of implementing the various obligations under the Dependencies and Entities provided for in this Law, a Committee of Senior officers or their equivalents in the disconcentrated Entities and organs, chaired by the Secretariat of Finance and Public Credit within a period of thirty calendar days counted from its entry into force.

The Institute and the National Commission of the Retirement Savings System should participate in the Committee as advisors in the field of their respective competencies.

THIRTY-FOURTH. The Dependencies and Entities, and the Institute itself, no later than the thirtieth and one of December of two thousand seven, must conform to the norms and criteria of this Law the mechanisms of administration, the computer systems and the formats of its databases; the collection and integer systems of quotas and contributions; and the procedures for dispersion and exchange of information, such as to ensure that the Institute is satisfied with the operational capacity for the management of insurance, services and services.

The procedures relating to retirement insurance, advanced age and old age must be subject to the provisions issued by the National Commission of the System of Saving for the Retreat. Until such time as the computer systems or programs referred to in this Law are initiated, the Dependencies and Entities must find out the quotas and the contributions of the retirement insurance, old age and old age through the means used for the payment of the contributions to the savings system for the withdrawal provided for in the Law that is repealed.

THIRTY-FIFTH. The calculation of the Basic Wage indicated in this Law, in no case may result in a smaller amount than the Basic Wage established in the Law which is opened for the calculation of the quotas and contributions to the Institute.

THIRTY-SIXTH. Within a period not exceeding six months counted from the first day of January of two thousand eight, the Institute shall adjust the investment of its Reserves, to the arrangements provided for in this order.

As for the constitution of the Funds affected by the Reserve of Operation for Contingencies and Financing, the Institute will have a maximum period of five years from from the entry into force of this order to constitute such a Reserve.

THIRTY-SEVENTH. The Institute and the governments of the Federative Entities or municipalities, as well as their Dependencies and Entities, must adapt the agreements that have entered into force prior to the entry into force of this Law, to the terms provided for in this order, within a time limit which shall not exceed the thirtieth day of June of two thousand eight.

The agreements for partial incorporation into the compulsory scheme concluded before the entry into force of this Law may be renewed as partial agreements, with the the obligation to comply with this Law.

In cases where the above paragraphs are not met, and that the governments of the Federative Entities or municipalities, and their Dependencies and Entities do not The unconditional guarantee of payment of the quotas and the contributions to their position may be agreed upon, the incorporation agreements shall be terminated within six months of the term of the period provided for in the first paragraph of this article.

30TH. The Institute shall publish in the Official Journal of the Federation no longer than day thirty-one of July of two thousand seven, the relationship of Dependencies and Entities that to the date of entry into force of this Law, have debits by concept of Contributions, quotas and recovery of short-and medium-term credits to the Right-holders, making known the stimuli established in this Law for the payment of their debits.

Dependencies and Entities that will voluntarily regulate debits with the Institute, will enjoy for the only time the benefit of partial or total remission of surcharges, without this is considered to be a debt remission for the purposes of the Income Tax Act according to the following specific bases:

A.

Date

Percentage of Condonation

1.     Before June 30, 2008

80%

2.     July 1-December 31, 2008

60%

3.     January 1st to June 30th, 2009

40%

4.     July 1st to December 31, 2009

30%

B. The Dependencies and Entities that recognize before the thirty of June two thousand eight, the total of its debits generated prior to the entry into force of this Law, and choose to settle their debits by formalizing a convention of recognition of debit and form of payment in instalments, will have the benefit of the remission of twenty percent of the total of the surcharges generated. These agreements shall be submitted to the opinion of the Secretariat of Finance and Public Credit prior to its conclusion.

The regularization of debits will operate against the payment of full expired fortnightly and in no case will the update of the main omitted be agreed.

With the exception of any waiver for the regularisation of the principal, the surcharges or the update to be made by the contributions of the two by One hundred percent of the savings system for retirement and five percent for the Housing Fund Sub-Account, provided for in the Law that is repealed.

THIRTY-NINTH. When at the disposal of laws such as the Veterans of the Revolution or any other that are to be applied concomitantly with the present Law, higher benefits are established in favor of the workers, with a higher number of years of service or on the basis of a salary higher than the basic salary for the determination of the pension, the payment of the differences favorable to the Worker shall be on behalf of the Dependence or Public Entity to whose These laws determine the differences. However, in order for such supplementary benefits to be granted to the Workers, it will be required that the requirements laid down in this Law to be entitled to Pension have been met.

40TH. To comply with the provisions of Article 31 of this Law, the Institute shall have one year from the entry into force of this Law. Law to conduct studies that correspond to and define the conditions under which health insurance can be exchanged with federal and state public health sector institutions.

40TH FIRST. Workers and Pensioners who by the date of entry into force of this Law, are entitled to the provision of personal loans, continue to enjoy such benefit in accordance with the annual programme authorised by the Board of Directors and in accordance with the rules laid down by the Board.

Pensioners who opt under the regime set out in Article Tenth Transitional of this order may choose to borrow from the Entities Financial services referred to in the Law on the Transparency and Ordinance of Financial Services, giving their express consent to the Institute to discount their pension to the amounts relating to the payment of the loan and to give them to the financial institution which awarded it, in accordance with the convention which for that purpose must be held by the Institute and the Institute.

The Institute may only conclude the conventions referred to in the preceding paragraph, when it is stipulated that the monthly discount derived from one or more transactions, in view of other discounts which, in terms of the legal provisions resulting from them, will in no case exceed 30% of the amount of the monthly pension, nor does it imply that the amount of the pension is reduced to one the amount less than the guaranteed pension set out in this Law, and the time limit for the payment of the loan does not exceed 60 months. In the application of these discounts, the corresponding ranking shall be applied in terms of the applicable legal provisions.

The Financial Entities shall report to the Institute the Total Annual Cost applicable to the loans referred to, in order for it to make them aware of the pensioners, for information and comparison purposes in the choice of the Financial Entity to which they will apply for the loan.

The expenses incurred for the control, discounts and delivery or transfer of the amounts relating to the loans granted by the Financial Entities be covered by the Institute, in the terms that are stipulated in the respective conventions.

The Board of Directors of the Institute may issue the administrative provisions necessary for due observance of the provisions of this Article.

40TH SECOND. The regulation for the granting of loans must be issued within a maximum period of one year from the entry into force of this Regulation. Law.

43RD THIRD. To persons who provide their services to the Dependencies or Entities by personal contract subject to the common legislation, which they perceive their emoluments exclusively from the departure of contract fees, or which are included in the lists of borders, provided that they have worked a full day in accordance with the general working conditions and have worked for a the minimum period of one year, they shall be incorporated into the social security with the entry into force of this Law.

You will also be incorporated with the applicable Tabulators in the Dependence or Entity in which you provide your services through a gradual incorporation program, which shall start from 1 January 2008 within a maximum of five years. The Secretariat of Finance and Public Credit will establish the guidelines for their incorporation.

FORTY-FOURTH. The houses owned by the Institute which, at the date of entry into force of this Law, have on lease shall be regulated by the provisions to issue the Board of the Institute.

40TH FIFTH. Workers ' organizations will guide their agencies in the exercise of the rights granted to them by this Law.

40TH SIXTH. In addition to the provisions of article 14 of this Law, to ensure that it benefits workers and their families, In order to ensure the fulfilment of its objectives and the future viability of the Institute, this order will be reviewed by the Board of Directors every four years. The results obtained should be based on actuarial studies and, where appropriate, promote the necessary legal reforms or additions.

40TH SEVENTH. The Institute, PENSIONISSSTE and the Housing Fund will be subject to the provisions of the Federal Law on Transparency and Access to the Government Public Information, as well as its Regulations and other provisions issued on the basis of that Act.

Mexico, D.F., March 28, 2007.-Dip. Jorge Zermeno Infante, President.-Sen. Manlio Fabio Beltrones Rivera, President.-Dip. Lilia Gpe. Merodio Reza, Secretary. -Sen. Ludivina Menchaca Castellanos, Secretary.-Rubicas."

In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this Decree in the Federal Executive Branch, in Mexico City, Federal District, at the thirty days of March of two thousand seven.- Felipe de Jesús Calderón Hinojosa.-Heading.-The Secretary of Government, Francisco Javier Ramirez Acuna.-Heading.