Supreme Court Bans Double IMSS Pensions for Former Employees
The Supreme Court of Justice of the Nation (SCJN) confirmed a ruling that prohibits former employees of the Mexican Social Security Institute (IMSS) from receiving a contractual retirement pension and a legal old-age pension under the 1973 Law simultaneously, as the contractual benefit absorbs the legal one.
This decision settles a long-standing legal debate. Some courts previously allowed these dual payments, while others rejected them. According to the SCJN, the ruling ensures strict compliance with current regulations and prevents the payment of two benefits covering the same risk.
Why can’t former IMSS workers receive double pensions?
The SCJN determined that the contractual retirement pension provided by the Institute’s Collective Bargaining Agreement replaces and exceeds the legal benefits granted by the Social Security Law. Because the seniority benefit already includes the fundamental elements of a legal old-age pension, a second pension for “cesantía” (retirement in old age) is not permitted.
This prohibition applies even if the former worker accumulated additional contribution weeks with different employers outside of the IMSS. The court stated this is not a punishment but a requirement of the law, which forbids granting two separate benefits for the same risk.
Who is affected by the SCJN decision?
The ruling targets a specific group: workers who were employed by the IMSS and retired under the Institute’s Collective Bargaining Agreement. It specifically impacts those who later requested a retirement pension under the 1973 Law using their own contributions or those from other employers.
The IMSS is now required to deny or suspend double pensions in every case where this duplication is detected. This may lead to a reduction in monthly income for those who previously relied on both payments.
What legal arguments support the ruling?
The Second Chamber of the SCJN outlined four central reasons for the incompatibility of these pensions. First, the contractual retirement is an extralegal benefit that is broader than the ordinary pension in the Social Security Law, meaning it absorbs the legal benefits of old age.
Second, the court found that the contractual pension already includes the amount equivalent to an old-age pension. Third, the Social Security Law explicitly prohibits the accumulation of benefits for equivalent risks; if old age is covered by the contract, the “cesantía” benefit is automatically discarded.
Finally, the SCJN highlighted that because IMSS workers act as both employee and insured, the contractual pension provides protection from both angles, making a second legal pension unnecessary.
When are the July 2026 IMSS payments?
According to the official IMSS calendar, the pension payment for July 2026 will occur on Wednesday, July 1. This is the first business day of the month.
Pensioners can access funds via bank transfer or at teller windows. Authorities recommend planning visits to banks early due to high demand during the first days of the month.
Individuals who do not receive their deposit on the scheduled date can call 800 623 23 23 (option 3). Alternatively, they may visit their Subdelegation or Family Medicine Unit to verify payment status or request unclaimed deposits.
Frequently Asked Questions
Can an IMSS retiree get a second pension if they worked for other companies?
No. According to the SCJN, even if an extrabajador accumulated additional weeks with other employers, they cannot claim a second pension because the contractual pension already covers the risk of old age.
What happens to those currently receiving double pensions?
The resolution obligates the IMSS to suspend or deny the double pension in all cases where duplication is detected.
Which specific law governs the retirement pension mentioned in the ruling?
The ruling concerns the pension of “cesantía en edad avanzada” as contemplated in the Social Security Law of 1973.
Do you believe the contractual pension sufficiently covers the contributions made to other employers?