Recover the money from the Afore of a relative who died

MEXICO CITY.- Most likely you have wondered if when a person dies the money from your Afore is kept by the government or the institution itself. Check out what happens to these resources and who can claim them.

Regularly when a worker contributes to the IMSS or ISSSTE, he completes his pension process from the age of 60, but in the event that he dies before, his beneficiaries will be able to claim the resources of his individual account. According to Consar, this procedure is called “Withdrawal by beneficiaries”.

Who can claim the resources?

There are two types of beneficiaries: legal and surrogate.

The legal ones are those who have the right to request a pension and dispose of the resources of the Individual Account as a pension or in a single exhibition. They are listed below by hierarchy:

The widow or widower (if he or she depended economically on the worker).

The concubine or concubine (if he depended financially on the worker).

Children under 16 years of age (in the case of IMSS) or up to 25 if they are studying in a national educational establishment and are not married or without age limit in case the child has a disability certified by a competent authority.

Children under 18 years of age (in the case of ISSSTE), up to 25 if they are studying in a national educational establishment and are not working, or without age limit in the event that the child has a disability certified by a competent authority.

The parents (only if there is no widow, widower, orphan, or common-law spouse with the right to a pension and they are financially dependent on the worker).

In accordance with article 501 of the Federal Labor Law, the substitutes will be defined by the competent authority, when it is verified that there are no legal beneficiaries.

Substitute beneficiaries must go to the Federal Conciliation and Arbitration Board (JFCA) to designate them as substitute beneficiaries by inheritance law and verify that there are no legal beneficiaries. Where appropriate, they will receive the total delivery of resources from the individual account holder through the account itself. JFCA.

They can also turn to the Federal Labor Defense Attorney’s Office (Profedet) to receive free legal advice.

As of January 1, 2021

Derived from the Reform to the Social Security Law, in the event of the death of the worker or pensioner, the designated beneficiaries will be entitled to receive the resources of the individual account that do not have a specific purpose, such as being used to contract a pension. expressly by the owner in the fund management contracts for the retirement of the Administrators, in the proportion stipulated for each one of them. Therefore, you should approach the respective Afore to have more information about the designation of beneficiaries and, where appropriate, how to make the request for the corresponding resources.

Requirements and steps you must follow for the process

So that the interested parties can collect the money from the Afore of your deceased relative should -first of all- be entitled to a pension from the IMSS or ISSSTE, or, having been designated a beneficiary, expressly, by the holder in his Afore. In addition to:

Go to the IMSS Subdelegation or ISSSTE Economic Benefits to issue the corresponding pension resolution.

Go to the Afore in which the deceased worker was registered with the documents that accredit you as a beneficiary and fill out the Disposal of Resources form that they will provide you there.

Once the application is processed, the Afore will make the resources available to the beneficiary in a single exhibition corresponding to the pension regime.

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Documents that will be requested

  • – Any document that contains the Social Security Number of the account holder issued by the IMSS, ISSSTE, Infonavit or Afore.
  • – Official identification, birth certificate and CURP of the account holder.
  • – Marriage certificate or certificate of concubinage.
  • – In the event that the beneficiary is a minor, he must present a birth certificate or passport and official identification of the person exercising the protested homeland or of the guardian.
  • – Death certificate.
  • – Bank account statement in the name of the beneficiary (not older than 3 months), where the RFC and the interbank clabe number appear.
  • – An account statement, query, summary or certification of Afore balances.
  • – Beneficiary designation form (only applies if the worker made voluntary contributions to his Afore account.

What resources will they give you?

If the pension is by Social Security Law 73:

  • Retirement 97 (resources accumulated from July 1, 1997 to date).
  • Housing 97 (resources accumulated from July 1, 1997 to date).
  • SAR 92 (cumulative resources from May 1, 1992 to July 1, 1997).
  • Housing 92 (accumulated resources from May 1, 1992 to July 1, 1997).

If it is due to the Social Security Law 97:

  • SAR 92 (cumulative resources from May 1, 1992 to July 1, 1997).
  • Housing 92 (accumulated resources from May 1, 1992 to July 1, 1997).
  • In case of not having the right to a pension, all the resources will be delivered in a single exhibition.

If the pension is for the Tenth Transitory Regime:

  • Retirement 2008 (resources accumulated from January 1, 2008 to date).
  • FOVISSSTE 2008 (accumulated resources from January 1, 2008 to date).
  • SAR ISSSTE 92 (accumulated resources from May 1, 1992 to December 31, 2007).
  • FOVISSSTE 92 (accumulated resources from May 1, 1992 to December 31, 2007).

If it is for the Individual Accounts Regime:

  • SAR ISSSTE 92 (accumulated resources from May 1, 1992 to December 31, 2007)
  • FOVISSSTE 92 (accumulated resources from May 1, 1992 to December 31, 2007)
  • In case of not having the right to a pension, all the resources will be delivered in cash.

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Take into account

  • – If there are no setbacks related to the individual account, the process in the institutes lasts approximately one month.
  • – In case of an incident in the account, first the inconsistency must be corrected in the Afore and then start the process with the IMSS or ISSSTE.
  • – Once the opinion issued by either of the two Institutes is obtained, the resources will be delivered to the beneficiaries in a maximum period of 15 calendar days.

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Tips to speed up the process

Afore Sura recommends the following steps so that in the event of death your loved ones can withdraw the resources without major setbacks:

  • – Arm your file with recent documents and certificates.
  • – Go to your Afore to generate your electronic file.
  • – Register your beneficiaries and discuss with them what they should do in case you are missing.
  • – If you are a beneficiary, to start a procedure with Afore, make an appointment through digital means.
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J. A. Allen

Author, blogger, freelance writer. Hater of spiders. Drinker of wine. Mother of hellions.

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