Reasons why private funds are analyzing legal actions against decree limiting pension savings investment
Portafolio Journalist 13.04.2026 08:03 Updated: 13.04.2026 08:14
TL;DR
- Asofondos warns Decree 0369 will harm pension fund profitability and future pension amounts.
- The decree limits overseas investments, compromising the principle of diversification.
- Restricting foreign investment will lead to lower returns and reduced benefits for workers.
- Asofondos states the decree contradicts the fiduciary duty of pension administrators.
- The association claims the decree is based on a mistaken diagnosis of AFP investment decisions.
- Asofondos believes local market limitations, not excessive foreign investment, hinder growth.
- The government's stated goal of financing national investment needs is not the purpose of pension funds.
- The General Comptroller's Office has also warned about reduced diversification leading to lower returns and system sustainability issues.
- Administrators have six months to present an adjustment plan to the Financial Superintendence.
- AFPs are analyzing the decree's scope and considering legal actions and potential conflicts with existing laws.