Keys to the news:
- End of exclusivity: The SCJN determined that receiving a pension for widowhood and having paid employment in the public sector are not exclusive concepts.
- Legal expulsion: The Plenary Session invalidated with general effects article 12, section II, subsection c) of the Issste Pension Regulations after the contempt of the Federal Executive.
- Without retroactivity: The measure will come into force upon its official publication, but will not apply to cases prior to the ruling because it is not a criminal matter.
CDMX.- In a transcendental decision for social security in Mexico, the Plenary of the Supreme Court of Justice of the Nation (SCJN) invalidated this Tuesday, with general effects, the rule of the Issste that conditioned the pension for widowhood or cohabitation. Until today, the institute allowed this benefit to be suspended if the survivor worked and contributed under the same social security regime.
By unanimous vote of nine, the ministers approved the minister’s project Irving Espinosa Betanzo referring to the General Declaration of Unconstitutionality 15/2025. With this ruling, article 12, section II, subsection c) of the Regulation for the Granting of Pensions of the Issste (under the regime of the Tenth Transitory Article) is formally expelled from the legal system.
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Widowhood: A contempt of the Federal Executive
The unconstitutionality of this norm is not new. From the July 5, 2023the defunct Second Chamber of the Court had already determined that making the pension conditional on not taking a job in the public sector violated fundamental rights. At that time, a period of 90 days to the Federal Executive to modify the regulations; However, given the non-compliance of the Presidency of the Republic, the Supreme Court proceeded to directly eliminate the precept.
Pensions and salaries: Rights of different nature
During the session, the minister rapporteur Espinosa Betanzo argued that the rule was based on erroneous logic by considering that salary and pension are antagonistic.
“These are rights with different recipients. The widow’s pension seeks to protect the surviving partner to provide well-being in the event of the death of the worker; for its part, paid work benefits the active worker through a salary for their work performance,” the minister pointed out.
Under this criterion, preventing both incomes from coexisting represents a direct violation of the right to social security enshrined in the Mexican Constitution.
Resolution Scope
Since the publication of this ruling in the Official Gazette of the Federation (DOF) and in the Judicial Weekly, no authority may apply this restriction of incompatibility. This means that anyone who applies for their widow’s pension before the ISSSTE will be able to maintain their government job without fear of losing their benefit.
It is important to highlight that, as this is not a criminal matter, the declaration will not have retroactive effects. That is, the measure benefits those who find themselves in this situation or carry out the procedure after the ruling comes into effect, but it does not force the institute to return payments suspended prior to the ruling. (With information from La Jornada y Proceso)
