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[POLITICS] · Mexico · 34 sources

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Mexico Supreme Court validates Pension Fund for Wellbeing

The Supreme Court of Justice of the Nation (SCJN) has unanimously validated the constitutionality of the Pension Fund for Wellbeing (Fondo de Pensiones para el Bienestar). This ruling resolves a legal challenge brought by 185 opposition deputies who argued the fund's creation violated property rights.

Under the validated framework, unclaimed resources from retirement, unemployment, and old-age subaccounts managed by AFOREs can be transferred to the new fund. For workers affiliated with the IMSS, funds are subject to transfer once they reach age 70 without having claimed them. For those under ISSSTE, the age threshold is 75.

The Court clarified that this transfer does not constitute a confiscation or expropriation of savings. Workers and their beneficiaries retain legal ownership of the funds and maintain an imprescriptible right to claim them at any time. The change is described as a shift in administration rather than a loss of property.

President Claudia Sheinbaum noted that while the transfer process had already been occurring since the fund's creation in 2024, the ruling provides legal certainty. Additionally, the Court upheld a cap on the combined total of two pensions for certain IMSS personnel, ensuring the financial sustainability of the social security system.

Entities

Administradoras de Fondos para el Retiro · Afore · Afores · Andrés Manuel López Obrador · Banco del Bienestar · Claudia Sheinbaum · Fondo de Pensiones para el Bienestar · IMSS · ISSSTE · Loretta Ortiz Ahlf · Mexico · Pension Fund for Wellbeing

Claims

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Sources

La Corte y las pensiones [www.elfinanciero.com.mx]