Chile 2008: a Second-Generation Pension Reform
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SP Superintendence of Pensions CHILE 2008: A SECOND-GENERATION PENSION REFORM Superintendence of Pensions EDITORS Solange Berstein Pablo Castañeda Eduardo Fajnzylber Gonzalo Reyes SUPERINTENDENCE OF PENSIONS Tel: (56-2) 753 0100 Fax: (56-2) 753 0257 Casilla 3955 – Santiago – Chile Internet: www.spensiones.cl Copyright Inscription Nº 184872 Santiago – Chile All Rights Reserved First Edition: October 2009 The use of this publication in quotations and comments is authorised, provided the source is acknowledged 2 Chile 2008: A Second-Generation Pension Reform Superintendence of Pensions Editors: Solange Berstein Pablo Castañeda Eduardo Fajnzylber Gonzalo Reyes 3 PROLOGUE This book was put together on the basis of a collection of documents produced by professionals at the Superintendence of Pension Fund AFPs (SAFP), now the Superintendence of Pensions (SP), which formed part of the diagnosis underlying the most important Reform made to the Chilean Pension System since it was set up in 1980. The main aim of this publication is to put together a series of the Superintendence’s internal documents that served as support to the debate, both inside the Council for Pension Reform and later, in the Bill’s passage through parliament. Each of the aspects contained in the Reform to the Pension System, embodied in Law 20,255 on 27th March 2008, was the result of deep analyses, most of which have been incorporated either totally or partially in this book. Therefore, this compendium constitutes a significant contribution that may be of use for similar processes in the future, both in Chile and in other countries. It is important to emphasise that this work relied in turn on a large quantity of previous studies and on the experience of supervision accumulated during the 26 years of the SAFP’s existence. It is also directly related with the reinforcement of the Studies Division of the Superintendence and the creation within it of a Research Department in the year 2003. Guillermo Larraín, who was Superintendent at that period, launched this process of reinforcement, which benefited from the knowledge of the pension system’s institution and the contribution of top-level economists who joined the research department to analyse this information, making it possible to produce working papers and internal minutes on those analyses. In the case of the working papers, these have been presented at local and international seminars which have endorsed their technical thoroughness. It was in part this material that made it possible to uphold the Reform that is being implemented today. The diagnosis concerning the pension system was also built up gradually over the years with the contribution of economists such as Salvador Valdés, Jorge Tarziján and Augusto Iglesias, among other experts, both local and foreign. An important landmark was the Seminar in November 2004, organized by the SAFP and the Centre of Public Studies (CEP). At that Seminar, these and other authors presented a series of articles prepared specially for the occasion, which dealt with the areas of coverage and competition in the Pension System.1 Another source that provided information and analysis about the system was a series of papers commissioned by Expansiva, which were then presented at a discussion forum that made it possible to share and debate opinions on the future of the Pension System. The papers presented on that occasion included proposals and analyses for improving 2 the coverage, competition and fairness of the system, among other topics. 1 See documents in www.spensiones.cl/573/propertyvalue-1832.html 2 The documents, available in http://www.expansivaudp.cl, were the following: “Tres Exigencias Mínimas para la Reforma Previsional”, Manuel Riesco; “Trabajadores Independientes: ¿Incentivarlos u Obligarlos a Cotizar? Una Tercera Opción”, Solange Berstein, Gonzalo Reyes and Francisco Pino; “Pensiones para Todos: Análisis de Alternativas para Extender la Cobertura del Sistema Previsional Chileno”, Eduardo Fajnzylber; “Mejores Pensiones para las Mujeres: Una Evaluación de Políticas”, Solange Berstein and Andrea Tokman; “La Cobertura Previsional y el Acceso a la Pensión Mínima Legal”, Jaime Ruiz-Tagle; “Licitaciones: Imprimiendo Competencia al Sistema de AFP”, Guillermo Larraín, Pablo Castañeda and Rubén Castro; “Alternativas para Aumentar la Competencia entre las AFP”, Salvador Valdés; “Ideas para Aumentar la Competencia en el Mercado de AFP”, Jorge Tarziján. 4 During the intensive work of the Advisory Council for Pension Reform called by President Michelle Bachelet, the diagnosis was consolidated, finally giving rise to a comprehensive Pension Reform. The Council was chaired by Mario Marcel and its members were Harald Beyer, David Bravo, Axel Christensen, Regina Clark, Alvaro Clarke, Rosanna Costa, Martín Costabal, María Margarita Errázuriz, Alejandro Ferreiro, Augusto Iglesias, Alejandra Mizala, Andrea Repetto, Jaime Ruiz-Tagle and Andras Uthoff. This work took about four months and during that period an international seminar was organised by CIEPLAN and the SAFP. Important foreign researchers were invited to it to give their views on the Chilean System and ways in which it could potentially be improved. Experts such as Truman Packard, Fabio Bertranou, Olivia Mitchell, Estelle James, Nicholas Barr, Carmelo Mesa Lagos, Zvi Bodie, Michael Cichon and Juan Yermo spoke at this Seminar.3 A very important contribution to the Council’s work was also that provided by representatives of different sectors of society at “hearings”. In this way it was possible to discover the views of bodies such as organizations of employed and self-employed workers, groups of women and pensioners, actors in the industry, business organizations, international organizations and research institutes, plus individuals whose experience and knowledge were particularly relevant, such as former Superintendents of AFPs, former Ministers of Labour, academics and independent professionals. The Council for Pension Reform presented President Michelle Bachelet a complete report containing concrete proposals, most of which were included in the Bill. In order to produce this Bill, a Committee of Ministers was formed, chaired by the Minister of Labour, Osvaldo Andrade. Its members were the Finance Minister, Andrés Velasco, the Minister-General of the Government, Ricardo Lagos Weber, the Minister in charge of the National Service for Women, Laura Albornoz, and the Minister-General of the Presidency, Paulina Veloso. This committee had the support of a Technical Secretariat that was chaired by the Budget Department Director, Alberto Arenas. The Superintendence had an active participation in this Technical Secretariat. The team worked out the details contained in the Bill, while the wording of it was the responsibility of the Budgets Department, particularly in those matters affecting the budget; the Undersecretary of Social Security on institutional issues and the SAFP in those related with the design of the pension system. Staff from the Legal Department and Research Division participated on behalf of the Superintendence, also supported on many occasions by the other Divisions at the Superintendence. At this stage the roles of the Legal Advisor, Alejandro Charme and the Head of the Analysis Department at the Research Division, Marcia Salinas, were of fundamental importance. Although the final Bill basically contained the Council’s proposals, the Ministerial Committee also included other elements, such as the subsidy on youth contributions, the single provider for the disability and survivorship insurance and improvements in the corporate governance area. The first, in order to bring these workers into the formal sector and improve their future pensions, since early contributions are crucial in a capitalization system. In the case of the Disability and Survivor Insurance, the main aims of the change in design are related with making its cost more transparent, 3 See program of the seminar in www.spensiones.cl/573/articles-3104_programa.pdf 5 contributing to competition in the system by reducing barriers to entering the industry and achieving better control of the risks involved in providing this insurance. Finally, with regard to corporate governance, the figure of the autonomous director is introduced to reinforce the AFPs’ fiduciary role; among other measures with this same aim in view. Later on, the Bill sent to Congress also underwent important modifications in both the Chamber of Deputies and the Senate. These, while keeping the line of the original Bill, improved it. For example, a reinforcement of Voluntary Pension Saving for the middle class was included while the Bill was in the Chamber by introducing a bonus system for those who save in this way and do not benefit from the tax exemption because they pay a low rate of taxation or none at all. Another of the important modifications at this stage was the inclusion of additional tools to encourage employers to pay contributions, by means of automatic declaration with not payment, for example. In the Senate, meanwhile, modifications were introduced to reinforce competition in the industry, such as the tax credit for value added tax paid in the case of outsourced functions. With regard to the retirement stage, the programmed withdrawal pension option was also improved, to make the payment profile provide better coverage for longevity risk. During the parliamentary processing of the Bill, the contribution of the staff from the Ministry of Finance, Ministry of Labour and