On September 24, 2024, the Government officialized and promulgated the pension reform —Ley No. 32123 Modernization Law of the Peruvian pension system-, which not only includes controversial measures such as the ‘consumption pension‘, but also restricts the retirement modality that allows withdraw 95.5% of funds only to those over 40.
According to the norm, only “Persons affiliated with SPP who are 40 years old or more Prior to the entry into force of this law, they may choose between perceiving the corresponding pension in any retirement modality, and/or requesting delivery to 95.5% of the total fund available in their individual capitalization account (CIC) of mandatory contributions ”.
This is also fulfilled for new affiliates. That is, only those who were 40 years old or more as of September 25, 2024 will be able to access this retirement mode when they retire. However, six bills of Congress They propose to restore this modality (and another initiative proposes a new reform that would return this too).
Los children under 40 years (As of September 25, 2024) They will not be able to withdraw 95.5% of their AFP when they retirebut six projects seek to return this modality. The most recent project (PL 10989) is by Darwin Espinoza Vargas (Podemos Peru), presented on Wednesday, April 30.
Thus, the initiative proposes to modify the first and second paragraph of the fifteenth final provision of Law No. 32123, Law of Modernization of the Peruvian Pension System (which It entered into force on September 25, 2024). This would be the new terms of this rule:
“All affiliates to Private pension system (SPP) may choose to receive the corresponding pension under any withdrawal modality, and/or request the delivery of their contributions from the AFP; Up to 95.5% of the total funds available in their individual capitalization account (CIC) of mandatory contributions, in the deadlines they deem appropriate, ”says the text.
This is the third project that proposes We can Peru which details the same measure, each of which also have as co -authors the same congressmen main authors of two initiatives.
On September 25, 2024, José Luna presented his project to return this retirement option, which also had the signature of Guido Bellido. Bellido presented his proposal on November 21, which has as co -author Espinoza, who now presented his proposal, which has the signature of Luna. The three projects indicate the same measure.
There are already 20 projects that seek an AFP retreat, but these are differences, they can be among the 12 that ask for the Free access up to 4 UIT (S/21,400), 6 to return the 95.5% access at the time of retirement and the 2 that would validate retreats in special modalities. These are those that propose to restore retirement with the retirement of 95.5%:
- Restitution of the AFP retirement of 95.5% when retire
- Restitution of the AFP retirement of 95.5% by retire
- Restitution of the AFP retirement of 95.5% by retire
- Restitution of the AFP retirement of 95.5% by retire
- Restitution of the AFP retirement of 95.5% by retire
- 95.5% AFP retirement restitution when retiringpresented on 09/30/2025 by Darwin Espinoza Vargas of Podemos Peru (PL 10989)
