The portability agreement entered into force in 2009, the date on which it was signed between the Mexican Institute of Social Security (IMSS) and the Institute of Security and Social Services for State Employees (ISSSTE).

The legal basis of the agreement is found in articles 141 to 148 of the ISSSTE Law, and 170 last paragraph of the IMSS Law.

The portability agreement was entered into to unify the contributions of the employees who contributed to the IMSS and the ISSSTE, with the aim of increasing the contribution periods and improving the amount of the employees’ pension. Portability is associated with the employee and not with the employer. Therefore, the employee can accumulate the periods worked in both institutes and request his pension.

If the employee seeks to receive a pension due to retirement, layoff at an advanced age or old age, under the portability of rights modality, he shall obtain proof of recognized periods in the affiliation services of both institutes, prior to applying for a pension.

The requirements to access the portability agreement are: (i) to have contributions in both institutes; (ii) have a minimum age of 60 years; (iii) the last contribution must have been made to the institute to which the rights will be granted, for example, if the last contribution was made to the ISSSTE, the rights cannot be granted to the IMSS; (iv) be in the period of conservation of IMSS rights; (v) have proof of periods recognized by both institutes; (vi) belong to the ISSSTE individual account system; and (vii) be part of the Law 73 or 97 of the IMSS.

It is important to take into account the relevance of this agreement, since previously employees lost their contributions when changing institute and currently, by the portability agreement, contributions can be unified.

At Trejo Gutiérrez Abogados, we have a group of experts in labor matters with more than 20 years in the market. Please do not hesitate to contact us, we will be glad to provide the personalized legal advice that you require.