A pension is charged when the worker reaches an advanced age; However, this is not always the case.
5 min read
The opinions expressed by employees are personal.
What happens when a family member dies and was insured by some entity for retirement ? If you are survived by your beneficiaries , they may claim the right to collect said pension.
“The pension is an economic benefit designed to protect those who after a working life are no longer able to continue. Generally, a pension is charged when the worker reaches an advanced age; however, this is not always the case, ”warns Manuel Patlán, chief financial officer of the financial services platform Coru.com.
In addition to the worker, his economic dependents can enjoy the pension if he dies, as contemplated by the Mexican Social Security Institute (IMSS) .
There are different beneficiaries that the pension system contemplates. The cases in which the IMSS considers giving a pension to the economic dependents of the direct beneficiary are: widowhood, orphanhood and ancestry and each has its own particularities.
To give an overview, Coru.com provides guidance on the main cases to collect a pension from a deceased person :
Who can collect the pension of a deceased person?
The beneficiaries of a worker who, according to article 501 of the Federal Labor Law, can be the couple, children or parents, as long as they meet the established requirements.
Widowhood is one of the cases in which a beneficiary who is not the worker will receive the pension. In this sense, both the wife or husband and the situations of concubinage are considered. In both cases, the relationship with the deceased beneficiary, as well as their economic dependence, must be accredited.
There are some requirements that must be met for the pension to be effective, such as that the worker had to contribute at least 150 weeks at the time of his death. The exception to this rule is that death has been as a result of a risk at work. In this second case an opinion is requested to confirm it.
Not all children have the right to their parents' pension. The criterion for assigning it or not, is age. The IMSS considers two groups: up to 16 years and between 16 and 25. For the second group it is essential that they are not subject to the Compulsory Social Security Regime. If the deceased beneficiary's child is over 16 years old and has any physical impairment or chronic illness, the pension is granted until his disability disappears.
Here it is also required that the worker has completed 150 weeks of contributions. In case your death has been a consequence of your work activities, an opinion will also be requested. The beneficiary's children must confirm the filial link for the procedure to be valid.
In case of not having a partner or children, the parents of the deceased beneficiary have the right to collect their pension. To obtain it, it will be necessary to verify the family bond, as well as to prove the economic dependence of the insured. As in the previous cases, 150 weeks of contributions or an opinion confirming death due to work activities are required.
How is the pension of a deceased paid?
In general, each case and dependency details its specific process, but in general a Designation of Beneficiaries must be made, which is a trial or appeal that begins when the worker died and the beneficiaries (spouse, concubine, children, parents , etc.,) want to enforce the right and claim the benefits accumulated by the deceased in their company, SAR, AFORE and INFONAVIT. This process begins before the Federal Conciliation and Arbitration Board.
Other benefits and benefits that beneficiaries may receive:
- In the event that the deceased person was working before death, the beneficiaries could claim the payment of work benefits such as vacation premium, bonus, accrued and uncovered wages, seniority premium and, in some cases, Savings Fund, Life Insurance , Bonds and others.
- By law, the beneficiaries have one year from the date the worker died to be able to claim them, if applicable.
- They can also be claimed: INFONAVIT Savings Fund, the return of SAR contributions to the Afore (if any), and request assistance from funeral expenses to the IMSS, if perhaps the deceased persons were insured in this scheme, had a minimum of twelve weeks of contribution in the nine months before the death and he was in force of his rights, among other conditions.
If you need advice, the beneficiaries can go to the Federal Office of the Defense of Labor (PROFEDET), at 01 800 911 7877 and 01 800 717 2942 in the Republic, metropolitan area 51 34 98 00, orientacionprofedet @ stps .gob.mx Headquarters at Dr. Vértiz 211 Col. Doctores, Cuauhtémoc, CP 06720 CDMX, or the website www.gob.mx/profedet .