Politics · Mexico · 2 hrs ago
IMSS limits salaries for new Modalidad 40 pension registrations
Mexico’s IMSS has changed rules for Modalidad 40, a scheme that lets people who have left a job continue paying into social security toward a pension.
New applicants can use their last registered salary, or up to that amount plus one UMA, subject to a minimum tied to the general minimum wage.
New coverage will start only from the application date, closing the route to retroactive payments for periods without coverage under the scheme.
People already enrolled keep their current terms until their contracted period ends, and paid contributions and weeks will still count toward future pension rights.
Social security specialist Ricardo Martínez Rojas says the IMSS cannot restrict rights set out in law through an administrative agreement, and argues that legal changes may be needed.
The IMSS will review the scheme’s financial impact over six months before proposing any further rule changes, and it plans to move sign-ups to digital channels.
The IMSS has temporarily capped the salary used for new Modalidad 40 registrations at the worker’s last registered salary when leaving mandatory coverage, or that amount plus one UMA.
New registrations will take effect only from the date the application is submitted, ending retroactive enrollment under the agreement.
People already enrolled when the agreement takes effect can keep their current conditions until their contracted period ends.
The agreement was published in Mexico’s Official Gazette on October 21, 2026, and takes effect on October 22.
Social security specialist Ricardo Martínez Rojas said the changes exceed the authority of the IMSS Technical Council and require a legal reform.
- Who
- The Mexican Social Security Institute (IMSS) and people enrolled in or seeking to join Modalidad 40.
- What
- The IMSS introduced temporary limits on the salary basis for new registrations and ruled out retroactive enrollment.
- When
- Published October 21, 2026; the agreement takes effect October 22.
- Where
- Mexico.
- Why
- The agreement also calls for a review of Modalidad 40’s financial sustainability. The IMSS’s stated rationale is not detailed in the sources.
IMSS Technical Council
Ricardo Martínez Rojas
Authority to change Modalidad 40
IMSS Technical Council
The council adopted temporary rules limiting the salary basis for new registrations and requiring enrollment from the application date.
Ricardo Martínez Rojas
Martínez said the council cannot restrict conditions set out in law through an administrative agreement and that legal changes are needed.
The IMSS Technical Council approved the agreement at an extraordinary session.
The agreement was published in the Official Gazette.
The agreement is due to take effect, with current enrollees retaining their conditions until their contracted period ends.
The agreement calls for an analysis of Modalidad 40’s financial effect and a proposal for possible regulatory changes.
- Salary basis
- Last registered salary at departure, or that amount plus one UMA
- New enrollment
- Effective only from the application date
- Existing enrollees
- Current conditions continue until the contracted period ends
- Publication
- October 21, 2026, in the Official Gazette
- Review period
- Six months for analysis of the scheme’s financial effect
5 sources
Advierten que cambios a Modalidad 40 violan la Ley del IMSS; el instituto defiende la actualización
Conoce las modificaciones temporales a la modalidad 40 del IMSS; esto dice el DOF
¿Cotizas en Modalidad 40? IMSS cambia reglas para el salario y los pagos retroactivos
Pone IMSS freno a pensiones doradas
Modalidad 40 del IMSS: nuevas reglas de cotización en 2026
What people are saying
The changes of the Technical Council are outside the legal framework. They would first have to change the law.