Mexico Supreme Court pension reform rulings

Mexico’s Supreme Court of Justice of the Nation (SCJN) has issued significant rulings regarding pension reforms at both the federal and state levels.

In a federal ruling, the Court validated the constitutionality of the decree creating the Welfare Pension Fund (Fondo de Pensiones para el Bienestar). The decision upheld the legislative process and the transfer of unclaimed resources from retirement, unemployment, and old-age sub-accounts held in AFOREs to the new Fund. The Court clarified that this transfer does not constitute a loss of property, as workers and beneficiaries retain the right to claim these funds with corresponding returns.

Regarding state-level reforms, the SCJN ruled on Nayarit’s Law of the Dignified Retirement Savings Fund for Workers of the State of Nayarit. The Court validated the state’s authority to establish a new social security regime and increase required contribution years from 30 to 35 for full pensions. However, it invalidated provisions that attempted to extend this public regime to private sector employees and independent workers. The Court also ordered the Nayarit Congress to correct legislative omissions by December 2026 and mandated worker representation in the Fund’s governing bodies.