The judicial reform ruling of Morena and its allies offers 10 of the 11 acting Supreme Court Ministers the right to keep their lifetime retirement benefits if they resign before August 31, 2025, even if they participate and lose in the election in June of that year.
Currently, the Court requires at least 7 of the 11 Justices to function in Plenary, and four in each Chamber.
If the reform is approved, the operation of the court will be subject to a sufficient number of Ministers deciding to remain in their posts until the aforementioned date, since the following day – September 1, 2025 – those elected in June will be sworn in.
A high number of resignations could lead the new President Claudia Sheinbaum to propose to the Senate the appointment of interim Ministers, in terms of article 98 of the current Constitution, so that the Court does not stop functioning.
The retirement pension would be proportional to the time worked by those who resign, which would make it much more attractive for four Ministers and one Minister, President Norma Piña, who were appointed in previous six-year terms, between 2011 and 2015.
Under current rules, the pension is equal to 100 percent of the remuneration of active Ministers during the first two years, and 80 percent after that period and until the death of the beneficiary.
The amount, however, will be reduced once the reform comes into force, as it also states that no member of the Judiciary may earn more than the President of the Republic.
Retirement benefits are currently paid based on the 3.3 million pesos of net annual earnings of active Ministers, an amount that would drop to López Obrador’s 1.9 million pesos salary, perhaps with a slight increase for Claudia Sheinbaum starting in January 2025.
The offer to resign does not apply to the former president of the Court, Luis María Aguilar, whose 15-year term ends on November 30 of this year.
The third paragraph of the seventh transitory provision of the Morena ruling does not make clear whether Aguilar – subject of constant attacks by AMLO – would be entitled to the lifetime payment enjoyed by all Ministers who have retired since 1994, or if, on the contrary, it would be eliminated completely, as is foreseen for those who would begin their functions in September 2025.
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