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IMSS Tightens Modalidad 40 Rules, Blocking Retroactive Purchases and Capping Declared Salaries

The institute says the changes respond to detected fraud, triggering financial and legal reviews that could redefine how voluntary pension contributions work.

Overview

  • The changes published in the Diario Oficial took effect on 22 October 2026 and stop retroactive purchases of contribution periods for new Modalidad 40 registrants.
  • New entrants may only declare a Salario Base de Cotización equal to their last registered salary or that salary plus one UMA, removing the prior free choice up to 25 UMA.
  • IMSS has reported dozens of complaints about schemes where advisors, gestorías and financieras lent money or used ghost companies to buy retroactive weeks and inflate pensions.
  • The agreement preserves existing contracts and pensions already granted while giving the Finance ministry up to six months for a fiscal study and the IMSS Legal Directorate six more months to draft definitive rules.
  • Independent workers in Modalidad 10 are temporarily barred from migrating to Modalidad 40, a move that immediately alters retirement plans for people near pension age and has prompted legal and political challenges over the Consejo Técnico's authority.