IMSS pension denial reasons and how to obtain it

A pension is a right that workers affiliated with the Mexican Social Security Institute (IMSS) have when they meet certain age requirements and weeks of contributions. 

However, in some cases, the IMSS may issue a pension denial, which means that the worker will not be able to receive the benefit. 

What is a pension denial, what are the reasons for it and how can you obtain one? We explain it in this article. 

What is a pension denial?

A pension denial is a document issued by the IMSS When a worker or beneficiary of the worker requests the pension to which he is entitled without having complied with the minimum requirements established by the Social Security Law, whether by Law 73 or Law 971. 

With this document, the IMSS informs the worker that he or she is not entitled to a pension and that he or she can only withdraw the balance accumulated in his or her individual Afore account. 

What are the reasons for a pension denial?

The reasons why the IMSS may issue a denial of a pension depend on the regime in which the worker is found, whether it is the 1973 or 1997 regime.

The main reasons for each regime are detailed below: 

1. 1973 regime

All insured persons who began their working life before July 1, 1997 are enrolled in this system. 

To obtain a pension for unemployment or old age, it is necessary to have at least 500 weeks of contributions and be 60 or 65 years of age, respectively. 

The pension is calculated based on the average salary of the last five years worked.

The reasons why the IMSS may issue a denial of a pension in this regime are:

• Failure to meet the minimum of 500 weeks of contributions.
• Not being of the required age for the requested pension.
• Being outside the period of conservation of rights, which is equal to a quarter of the total number of weeks of contributions, counted from the last withdrawal, with a minimum of one year.

2. 1997 Regime

This regime includes all insured persons who were registered with the insurance after July 1, 1997. 

To obtain a pension for unemployment or old age, it is required to have at least 1,250 weeks of contributions and be 60 or 65 years of age, respectively. 

The pension is calculated based on the accumulated balance in the individual Afore account.

The reasons why the IMSS may issue a denial of a pension in this regime are:

• Failure to meet the minimum of 1,250 weeks of contributions.
• Not being of the required age for the requested pension.
• Not having sufficient resources to cover the lifetime payment, which is the minimum monthly amount guaranteed by the IMSS.

👉👉 See Also: Can I withdraw money from my Afore? Types of withdrawals allowed👈👈

How to obtain a pension denial?

If the worker does not meet the requirements to obtain a pension and wishes to withdraw his accumulated balance in the Afore, he must request a pension denial from the IMSS. 

To do this, you must follow the following steps: 

1. Go to the IMSS sub-delegation corresponding to your address.
2. Request the pension denial form and fill it out with the required information.
3. Submit the necessary documentation, which may vary depending on the case, but generally includes: official identification, CURP, bank statement and proof of address.
4. Wait for the IMSS response, which may take up to 15 business days.
5. If you are denied a pension, go to the Afore to request withdrawal of the balance.

What should I do if I do not agree with the denial of a pension?

If the worker believes that the denial of a pension is unfair or that an error was made in the process, he or she can challenge it before the IMSS or before the Federal Board of Conciliation and Arbitration. 

To do so, you must submit a written request, accompanied by evidence supporting your claim, within 15 business days of being notified of the denial. 

The IMSS or the Board must resolve the case within a maximum period of 90 business days. 

Conclusion

Pension denial is a document issued by the IMSS when a worker does not meet the requirements to obtain a pension. 

The reasons may vary depending on the regime in which the worker is found, whether it is the 1973 or 1997 regime. 

If the worker wishes to withdraw his accumulated balance in the Afore, he must request a pension denial from the IMSS and present the required documentation. 

If the worker does not agree with the denial, he or she may challenge it before the IMSS or before the Federal Conciliation and Arbitration Board.

publishing February 25, 2025