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If I withdraw my AFP, can the bank keep my money for debts?

If I withdraw my AFP, can the bank keep my money for debts?

He retirement of the AFP It is a process that is about to begin. From its conception in the Economy Commission until its promulgation by President Dina Boluarte on March 18, the proposal emerged as a alternative to support citizens who have economic problems. Despite this benefit, Law 32002 explains that, in a special circumstance, a percentage of the amount withdrawn from the pension fund may be withheld.

As recalled, this is the seventh withdrawal from the pension fund approved by the Congress of the republic. The first occurred at the beginning of the pandemic, through Emergency Decree 34-2020. At that time, the initial withdrawal of S/2,000 from the individual capitalization accounts (CIC) was allowed. Since then there have been 6 more withdrawals, which includes the one that is close to receiving its regulations from the Superintendency of Banking, Insurance and AFP (SBS)between April and May of this year.

When analyzing the formation of the latest law that approves this new withdrawal of the AFP, the article 3 refers to the intangibility of the funds, which contemplates their protection against any discount; However, this does not apply to a specific case.

In what cases can part of my AFP withdrawal be seized?

As established in the Law 32002published on April 18, the article 3 emphasizes that this withdrawal maintains its intangible nature. That is, it cannot be subject to discount, withholding or any other form of affectation of any kind. However, the second point of article 3 mentions the only exception by which a percentage of the withdrawal of funds can be withheld. pensions: food debts.

  Article 3 of the law that approves the seventh withdrawal of the AFP.  Photo: The Peruvian

Article 3 of the law that approves the seventh withdrawal of the AFP. Photo: The Peruvian

According to the regulations, the only exception to this rule of intangibility is for food debts, which are those debts established by judicial resolutions that ensure the maintenance of dependent people, such as children or spouses. Even in the case of food debts, you can only access up to a maximum of 30% of withdrawn fundswhich ensures that while some of the money can be used to meet these responsibilities, the rest remains protected under the law.

When will the AFP withdrawal schedule be published?

The Law 32002 promulgated by Dina Boluarte gives a period of 15 days to the Superintendency of Banking, Insurance and AFP (SBS) to publish the schedule of the seventh pension fund withdrawal process. That is, it is estimated that withdrawal requests can be registered as of May 13. Likewise, it is expected that said schedule will be published on the official website of the SBS and also on the pages of the respective AFPs: Integra, Profuturo, Habitad and Prima.

Source: Larepublica

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