IMSS: How to obtain the widow's pension by concubinage?

Without requiring marriage or having children, those who have maintained a relationship with someone insured may access the IMSS death pensionas long as they demonstrate the relationship of concubinage before the Social Security.

Due to recent changes, it will now be easier to access this pension, not only for common-law couples, but also for men who lived together in concubinage with someone insured by the IMexican Institute of Social Security (IMSS).

The Social Security Law establishes that “the widow’s pension will be equal to 90% of the amount that would have corresponded to the insured in the event of disability or that enjoyed by the pensioner in that case”.

With the recent reforms to article 132 of the Social Security Law, the requirement that the insured person who married after the age of 55 would not have the right to inherit a widow’s pension to his partner was eliminated.

What are the requirements to obtain the IMSS widow’s pension?

To request this pension at the IMSS, some requirements must be met.

You must manage a certificate of common-law marriage, which is essential to request the death pension and also access the resources of the deceased’s Afore.

This certificate of common-law marriage is processed before a court and it is with the judge who must verify that both people are single, presenting a certificate of singleness from both parties.

In case of not having children, documents must be presented showing that they lived together in the same residence for at least five years.

If there were children during the relationship, birth certificates can also be presented as proof of the common-law relationship with the deceased person.

To apply for this pension at the Mexican Social Security Institute, some requirements must be met:

At the time of the death of the insured, you must have at least 150 weeks of contributions to carry out the process before the IMSS; however, in high-risk jobs this time is not necessary.
If the death of the insured was due to occupational hazards, the person requesting the pension must present a permanent disability or death certificate due to occupational hazards. It is worth mentioning that this document is obtained in institutional medical units.
The beneficiary must maintain his current rights in the IMSS.
The common-law spouse must prove their common-law relationship with the deceased, as explained above.

It may interest you: IMSS Pension: What is Modality 40 and how does it work?

What happens if the concubine or the concubine marries?

In accordance with article 66 of the Social Security Law, the widow, widower, common-law wife or common-law husband of the deceased insured worker shall be entitled to receive the pension as long as they do not marry or formalize a civil union or live in common-law marriage.

“Upon contracting marriage or formalizing a civil union, any of the aforementioned beneficiaries will receive a lump sum equivalent to three annuities of the pension granted,” the law indicates.

This provision establishes that upon contracting marriage or establishing a new relationship, the right of the person who receives the death pension is revoked and an amount equivalent to three years of pension is granted as final compensation.