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Mexico's Supreme Court Upholds Cap on Afore Commissions

The unanimous ruling treats the retirement system as a public‑order regime that protects workers' savings.

Overview

  • The Court declared Article 37 of the Retirement Savings Systems Law constitutional and denied an Afore's amparo challenge.
  • The opinion by Minister Yasmín Esquivel won unanimous support from the full court.
  • The decision affirms Consar and its Governing Board's authority to set a maximum fee for Afores.
  • Ministers rejected free‑market arguments, emphasizing the system's goal of safeguarding workers' resources for dignified pensions.
  • La Jornada reported that Invercap brought the case, contesting the 2020 reform that ties the cap to the average commissions in the United States, Colombia, and Chile.