The Supreme Court of Justice of the Nation (SCJN) declared unconstitutional, with general effects, a provision of the ISSSTE regulation that allowed the suspension of the widow's pension for beneficiary persons who worked and contributed to the same regime.
The resolution eliminates Article 12, section II, clause c), of the Regulation for the Granting of Pensions for Workers subject to the regime of Article Tenth Transitional of the Law of the ISSSTE.
The case that triggered the decision
The criterion originated from the Amparo in Review 495/2022, filed by a woman whose widow's pension was suspended after entering the labor market.
The SCJN determined that said measure violated the right to social security, recognized in article 123, section B, of the Constitution.
Work cannot be a cause of loss
In resolving the case, the Court established that a regulation cannot limit or empty of content the right to a widow's pension, nor condition it on the beneficiary person ceasing to work.
In addition, it pointed out that allowing the suspension for contributing to the ISSSTE contradicts the constitutional protection of pensions.
General effects of the sentence
Due to the fact that the Executive Branch did not correct the norm within the established period, the Plenary of the SCJN decided to expel it from the legal system, which means that it can no longer be applied to any person.
With this decision, the Court reaffirmed that the right to social security requires that regulatory norms be consistent with the Constitution and do not restrict access to pensions.
The ruling sets a relevant precedent for state workers, guaranteeing that access to a widow's pension is not conditioned on the employment status of the beneficiaries.
