The new one IMSS Pension Lawpublished in January of this year, seeks to better legislate the payment to pensioners and specifically, what can or cannot be done when trying to inherit this payment after the death of the holder.
Although the beneficiaries, who are designated by the affiliated worker and pensioner by the Mexican Institute of Social Security (IMSS), have the right to receive the pension payment when the owner dies, this new law registers reasons why it is not they can inherit payments.
According to the new IMSS Pension Law 2023among the reasons why it is not possible for a beneficiary to inherit the pension payment, are the following:
- If the death of the pensioner worker occurs within a period of 6 months after getting married or signing a civil union.
- If the marriage or civil union with the pensioner took place after the holder turned fifty-five years of age. The payment may be valid if, at the date of death, at least one year has elapsed since the civil union or marriage.
- If the worker received a work risk or disability pension, he will not be able to access his pension either, unless one year has elapsed since the date of death since the civil union or marriage.
Who can inherit a pension?
Despite the new IMSS law, the right to enjoy the pension for beneficiaries is maintained for close family members, who must meet the following requirements:
- Prove the link with the deceased pensioner.
- Evidence of economic dependence on the deceased pensioner.
- There is no spouse or children entitled to the pension.
- That the pensioner had at least 150 weeks of contributions at the time of his death and was in force before the IMSS.