Overview
- The IMSS Technical Council published temporary rules in the Diario Oficial on Wednesday, Oct. 21 that limit the salary base new applicants can declare under Modalidad 40 and bar retroactive cotizaciones.
- Authorities say the change targets private firms and advisers that allegedly inflated pension bases through simulated contributions, and the IMSS has opened 115 investigative files tied to those complaints.
- The measure does not affect current pensioners or people already enrolled in Modalidad 40, but it changes planning for future applicants by capping the salary used to calculate pensions to the last registered pay plus up to one UMA.
- The DOF text gives IMSS finance six months to measure the scheme's financial impact and another six months to design any modification or cancellation, and those pending actuarial studies will shape whether lawmakers must act.
- Legal experts warn the Council's administrative agreement may exceed statutory authority, are likely to prompt amparos, and could force Congress to decide on lasting changes to the 1973 pension rules.