Mexico Supreme Court mandates 90% pension rate for dependent parents

The Second Chamber of the Supreme Court of Justice of the Nation (SCJN) has ruled that the 1973 Social Security Law is unconstitutional regarding the differentiated assignment of pension percentages to the family members of deceased workers. The ruling eliminates the practice of granting only 20% of a pension to the parents of an insured worker, whereas a surviving spouse or partner was assigned 90%.

Under this new jurisprudence, parents who were economically dependent on the deceased worker and for whom there are no preferential beneficiaries (such as a spouse or children) may now receive 90% of the pension, equalizing the amount granted for widowhood. The SCJN stated that “the pension is created through the effort of the worker, so there cannot be an unjustified distinction between beneficiaries.”

This decision creates a mandatory precedent for all judges and courts in Mexico, legally obligating the Mexican Social Security Institute (IMSS) to apply this criterion. To qualify, parents must demonstrate economic dependency on the deceased worker and there must be no spouse, children, or concubine with a prior right to the pension.

Separately, regarding the 1973 Law regime, the IMSS notes that pension amounts can be increased by continuing to contribute after age 60. The pension for advanced age unemployment is determined by age: 60-year-olds receive 75% of the old-age pension amount, increasing by 5% for each subsequent year until reaching 100% at age 65. Additionally, contributing more than the minimum 500 weeks can increase the pension amount.