He Congress approved by majority, on June 24, the Bill that modifies article 190 of Legislative Decree No. 635 of the Penal Code to sanction with prison terms for those employers who appropriate the pension fund and health insurance.
At first, PL No. 887, promoted by Congresswoman Susel Paredes and which had 115 votes in favor and zero against, was observed by the Executive Power in one of the points. After that, the modification was agreed and it was established that those companies that improperly dispose of, totally or partially, the amounts that constitute and consolidate the pension funds for both their own purposes or those of third parties, will be prosecuted as a crime of common misappropriation.
What is the penalty for this crime?
The norm indicates that the sanction for illegal appropriation will be the deprivation of liberty for not less than two years, nor more than four years. Likewise, if the employer holds the position of public servant, the penalty will be aggravated to three years, for which it would reach up to six years in prison and the subsequent disqualification from the position.
It is important to indicate that, in the case of the AFPs, the crime is configured when the employer withholds 10% of the monthly salary of its workers and, subsequently, does not deposit it properly in the individual capitalization accounts (CIC).
The situation worsens after learning that, by February of this year, according to the Association of Private Pension Fund Administrators (AAFP), there are more than 151,017 private sector companies that have not complied with depositing pensions to their workers, which affects 1,202,028 members.
Likewise, according to data from the Superintendence of Banking, Insurance and AFP (SBS), the total debt of the State and private companies with affiliated workers exceeds S / 34,000 million soles, reported the AFP Association.
Companies will be able to reschedule payments
It is important to mention that, recently, the regulation of Law No. 31690, approved by Supreme Decree No. 145-2023-EF of the Ministry of Economy and Finance (MEF), establishes that the debt can be divided up to 60 dues.
Thus, those private sector companies that did not comply with the deposits will be able to benefit from the reprogramming regime of payment of social security contributions of the Private Pension System (Repro AFP Privado) until December 31, 2023.
How to check my AFP report?
Citizens can consult through the website of the Superintendency of Banking, Insurance and AFP (SBS) through the following steps:
- You must enter this official link of the SBS: https://servicios.sbs.gob.pe/serviciosenlinea
- Subsequently, select the AFP affiliation report option
- To access your session, you must choose your type of document (DNI, immigration card, passport or temporary residence permit card)
- Then, enter the number of the chosen document and your password. If you do not have an SBS account, go to the register option
- Finally, select sign in. Next, both your data and your affiliation situation and your current AFP will appear.
Source: Larepublica
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