Mexico City.- Minister Loretta Ortiz today admitted to processing the unconstitutionality action of the opposition that questions the legal reform to create the Pension Fund for Wellbeing (FPB).
Ortiz called on Congress and the Executive to submit their reports, without said admission affecting the validity of the contested reform.
The legislators asked the Court to invalidate the decree published on April 30, which through changes to several laws requires the FPB to send some 40 billion pesos accumulated in the inactive Afores of people over 70 years of age to the IMSS regime, and 75 years for the ISSSTE, a measure that is considered expropriatory.
This is the main source of initial financing for the Pension Fund for Wellbeing, which aims to complement the income of those who retire in the Afores regime, so that they earn at least the average IMSS contribution salary, currently about 16 thousand monthly pesos.
Some judges have granted suspensions so that the resources accumulated in individual Afores are not touched, but the majority of the protections against the FPB have been dismissed or the suspensions have been denied, since the complainants have not proven that they are in the group that may be affected. .
The other sources of resources for the Fund are of dubious solidity since they depend on the extinction of judicial trusts with a balance of 16 billion pesos, blocked by the Court; on eventual savings of the government, or on probable profits of military parastatals that currently require subsidies, and that would have to be shared with the military agencies.
Without these resources, the FPB will end up needing money from the annual expenditure budget to operate, which would nullify the purpose that motivated the creation of the Afores in 1997.
The investigation of this type of actions that require the vote of eight ministers to invalidate the claimed norm is relatively quick, but Ortiz does not have a deadline to present his project, which will not be ready before Congress resolves the future of the Court by discussing, in September, the judicial reform proposed by President Andrés Manuel López Obrador.
Even if this reform is not approved, Minister Luis María Aguilar will retire on November 30, meaning that the majority of eight that has allowed several important reforms of the current Government to be annulled will no longer exist.
The minister only took 10 days to admit the action after it was handed over to her by the Presidency of the Court.
In contrast, it took Ortiz six months to admit another action against the legal reform of November 2023 that established military trusts to finance the Mayan Train and airports under the control of the Ministries of National Defense and Navy.
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