On March 24, 2023, the Decree repealing sections II and III of article 132 of the Social Security Law and sections II and III of article 136 of the Law of the Institute of Social Security and Services of State Workers (the Decree), was published in the Federal Official Gazette.

With the Decree, the following cases are eliminated in which there was no right to a widowhood pension from the Mexican Institute of Social Security and the Institute of Security and Social Services of State Workers: (i) when the spouse have married with the insured after he has reached 55 years of age, unless 1 year has elapsed since the date of death; and (ii) when upon marriage the insured received a disability, old age or severance pension at an advanced age, unless 1 year has elapsed since the marriage was celebrated on the date of death.

The Decree only leaves subsisting the case in which the spouse will not be entitled to the widowhood pension if the death of the insured occurs before completing 6 months of marriage.

Therefore, the Decree makes access to a widowhood pension more flexible, since it provides fewer requirements for the beneficiaries of the deceased worker.

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