:quality(85)//cloudfront-us-east-1.images.arcpublishing.com/infobae/7B4ON57KORCURONEL4TKZ3P6IU.jpg "When will the decree come into force so that women can leave a pension to their husband or same-sex partner?")
Thanks to a new decree published in the Official Journal of the Federation (DOF), which amended the law on social security, women will now be able to leave a pension to their beneficiaries, that is to say with whom they have established a bond of civil union or cohabitation. This is a step forward in the fight for gender equality.
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And it is that to date, the previous law only allows male workers to determine a pension for their widows or concubines. In this way, an exclusivity was generated for the male beneficiaries and limited the rest to exceptions or different situations.
The amendments provide that women may have the right, when they die, to power protect their widows or the people with whom they have entered into a union, even with same-sex couples.
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According Art. 129 established in the DOF decree: “On the death of the worker for causes unrelated to the service, whatever his age, and provided that he has contributed to the Institute for three years or more, it will give rise to widowhood pensions , cohabitation, orphanage or descent, as the case may be, in accordance with the provisions of this law”.
With regard to the widowhood pensions referred to in this article, these will take into account both the widow or widower and those who have signed a civil union with the worker.
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Another of the changes is that according to the publication, child care will also be taken into account so that it is supported as a right for workers, regardless of gender.
When will it come into force?
According to the publication, the decree will come into force six months after its publication in the DOF (January 20, 2023).
In this case, the Mexican Social Security Institute (IMSS) and the State Workers’ Social Services (ISSSTE) must guarantee the modifications established in this decree.
WIDOW’S PENSION
Currently, the pension is granted to the widow and the wife or concubine. However, only in the absence of the wife, the woman with whom the insured has lived as if she were his wife for at least 5 years or with whom he had children, provided that both remained free to marry during the concubinage.
It should be noted that, if at the death of the beneficiary, he had several concubines, none of them will be able to benefit from an annuity.
The IMSS pointed out that the main requirement is that at the time of death the insured had had a minimum of 150 weeks listed. Those interested must present, for example: Marriage certificate or in the case of the concubine, accrediting this link with the deceased.
To carry out the procedure, you must go to the Family Medicine Unit (UMF) which corresponds to it, i.e. the one which was attributed to the deceased beneficiary and present the following documentation:
Birth certificate, any document containing your social security number (IMSS), unique population registration code (CURP), Afore account statement, certified copy of marriage certificate, certified copy death certificate, birth certificate, military service and proof of address.