Amendment to the IMSS Law and the ISSSTE Law

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Amendment to the IMSS Law and the ISSSTE Law

January 21, 2023
Francisco Trejo Gutiérrez

On January 20, 2023, the Resolution by which various provisions of the Social Security Law (IMSS Law) and the Law of the Institute of Security and Social Services of State Employees (ISSSTE Law), was published in the Federal Official Gazette (DOF).

The provisions of the IMSS Law and the ISSSTE Law that are amended are related to the issue of pensions and their beneficiaries. These are amendments so that both laws are inclusive, since gender situations are now explicitly considered in which concubines and concubinaries are equated, and the rights of same-sex couples are recognized regardless of their civil status, such as marriage or concubinage. Likewise, the definition of Civil Union is established, as the legal act that is constituted when individuals of different or of the same sex, of legal age and with full legal capacity, establish a common home with the will of permanence and mutual aid, of which derives maintenance obligations, succession, among others.

The Resolution to amend the IMSS Law and the ISSSTE Law shall enter into force 6 months after its publication in the DOF. The IMSS and ISSSTE have a term of 180 calendar days following the entry into force of the amendments to their respective laws, to adapt the regulatory, normative and administrative provisions, in accordance with the corresponding amendment Resolution.

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