One of the greatest advantages of working in the Mexican formal sector is the fact that not only workers can access the benefits that this entails, but also their families.
An example of the aforementioned is the call Widow's Pension delivered by the Mexican Social Security Institute (IMSS), which, as its name indicates, is deposited to the wife of the deceased insured.
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However, according to the laws of the Mexican Social Security Institute (IMSS), Not only the wife has the right to receive Widow's Pension, but the common-law wife can also access this amount..
However, and despite the fact that the IMSS regulations indicate that, in the event that several concubines appear claiming the Widow's Pension, it will not be given to any of them, recently the Supreme Court of Justice of the Nation (SCJN) determined that this It is unconstitutional.
In this sense, the Second Chamber of the Supreme Court of Justice of the Nation (SCJN) indicated that not granting the Widow's Pension to all women who prove that they were concubines of the insured person who died violates the rights of families.
It is in this way that the highest body of the Federal Judicial Power maintained that the fact that the worker has had many concubines is not a justification for not giving them the corresponding part of the IMSS Widow's Pension.
Thus, the Supreme Court determined that in those cases in which several concubines come forward to claim the Widow's Pension from the IMSS, The administrative authority will have to divide the total amount among all of them, as long as they duly prove their relationship with the deceased. all this in the event that the legal wife of the insured does not appear.
“Given the possibility that several concubines may apply for the widow's pension, the administrative authority must only determine if they prove to have that status, and if so, it is appropriate to divide the amount of the pension among those concurrently,” established the SCJN.
Requirements for the IMSS Widow's Pension
Finally, we leave you the requirements to access the widow's pension from the IMSS:
*For widow – wife: prove the marriage bond.
*For widow – concubine: prove the concubinage relationship.
*That the insured had had 150 weeks of contributions at the time of death and was in force or in conservation of rights (Disability, Retirement, Late Age or Old Age insurance).
*In the case of the death of the insured, derived from a work risk, the Report of Permanent Disability or Death due to Work Risks ST-3 is required, issued by the Institutional Medical Services, which will be provided by them.
*If the deceased insured person enjoyed a permanent disability pension and dies for a reason other than a work risk, it will be necessary to prove a minimum of 150 weeks of contributions and that it would have caused withdrawal from the Mandatory Regime. The stated contribution period will not be required if the total permanent disability pension that the deceased insured received did not last longer than five years.
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