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 and contribution week requirements.
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However, in some cases, the IMSS may deny the pension, meaning 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 it? We explain in this article.
What is a pension denial?
A pension denial is a document issued by the IMSS When a worker or beneficiary of a pension applies for the pension to which he or she is entitled without having met the minimum requirements established by the Social Security Law, either by Law 73 or Law 971.
With this document, the IMSS informs the worker that they are not entitled to a pension and that they can only withdraw the accumulated balance in their individual Afore account.
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What are the reasons for a pension denial?
The reasons why the IMSS may deny a pension depend on the pension scheme the worker is enrolled in, whether it was the 1973 or 1997 scheme.
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 registered under this scheme.
To qualify for a unemployment or old-age pension, you must have contributed at least 500 weeks 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 deny a pension under 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 retention period, which is equal to one-quarter of the total number of weeks contributed, counting from the last withdrawal, with a minimum of one year.
2. 1997 Regime
This scheme includes all insured persons registered with the insurance company as of July 1, 1997.
To qualify for a unemployment or old-age pension, you must have contributed at least 1,250 weeks 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 deny a pension under 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? Permitted withdrawal types.
How to get a pension denial?
If a worker does not meet the requirements for a pension and wishes to withdraw their accumulated balance from the Afore, they must request a pension denial from the IMSS.
To do this, you must follow these steps:
- Go to the IMSS sub-delegation corresponding to your address.
- Request the pension denial form and fill it out with the required information.
- Submit the necessary documentation, which may vary depending on the case, but generally includes: official identification, CURP, bank statement, and proof of address.
- Wait for a response from the IMSS, which may take up to 15 business days.
- If you are denied a pension, go to the Afore to request a withdrawal of the balance.
What should I do if I disagree with the denial of a pension?
If the worker believes the pension denial is unfair or that an error was made in the process, they can appeal it to the Mexican Social Security Institute (IMSS) or the Federal Conciliation and Arbitration Board.
To do so, you must submit a written request, accompanied by evidence supporting your claim, within 15 business days of receiving notification of the denial.
The IMSS or the Board must resolve the case within a maximum period of 90 business days.
Conclusion
A pension denial is a document issued by the Mexican Social Security Institute (IMSS) when a worker does not meet the requirements to receive a pension.
The reasons may vary depending on the regime the worker is under, whether it was the 1973 or 1997 regime.
If the worker wishes to withdraw their accumulated balance in the Afore, they must request a pension denial from the IMSS and submit the required documentation.
If the worker disagrees with the denial, they can appeal it to the Mexican Social Security Institute (IMSS) or the Federal Board of Conciliation and Arbitration.
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