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IMSS changes 'Modalidad 40' pension rules: a cap on registered salary, no back payments and online-only sign-up

People already enrolled keep their current terms until their contracted period ends; the measures are temporary while IMSS studies their financial impact.

By Miguel Díaz Miró · Responsible editor ·
Exterior of an IMSS clinic

New temporary rules took effect Thursday, October 22, for Voluntary Continuation in the Mandatory Regime — known as Modalidad 40 — at the Mexican Social Security Institute (IMSS). The program lets people who no longer have formal employment keep contributing on their own to boost their future pension.

The changes are set out in agreement ACDO.AS2.HCT.101026/302.P.DG of the IMSS Technical Council, approved in an extraordinary session on October 10 and published in the Official Gazette (DOF) on October 21. It took effect the next business day.

What changes for new enrollees

According to the agreement published in the DOF:

  • Salary cap. New enrollees may contribute based on the last registered contribution salary they had when they left the mandatory regime, or up to that amount plus one UMA (Mexico's Unit of Measure and Update). It may never be lower than the general minimum wage.
  • No back payments. New coverage will apply "exclusively from the date of the application"; earlier periods can no longer be paid for.
  • Online only. Enrollment must be done solely through digital channels. IMSS must adjust its systems to ensure records are traceable and set up channels to review special cases.
  • One exclusion. People enrolled in the voluntary incorporation scheme under Article 13, Section I, of the Social Security Law — which provides access to health and maternity services — may not also sign up for Voluntary Continuation.

If you're already in Modalidad 40

The agreement states that people already enrolled when it took effect keep their current conditions until their contracted period ends. Their contributed weeks and registered salary will also be recognized for calculating their pension.

Why, and for how long

The measures are temporary. The Technical Council ordered the IMSS Finance Directorate to produce, within six months, an analysis of the program's effect on the institute's finances; the Legal Directorate will then have another six months to propose regulatory changes.

At her October 22 morning press conference, President Claudia Sheinbaum said the new rules respond to schemes that allowed some people to obtain higher pensions than they were entitled to. The agreement's text in the DOF does not mention fraud or any amounts.

What to do if you live in Cancún

  • If you were about to enroll: rework your plan under the new cap (last registered salary + 1 UMA). Your history and last salary appear on your record of contributed weeks, downloadable at serviciosdigitales.imss.gob.mx with your CURP and email.
  • If you already contribute: keep your payment receipts and check on the same portal that your contracted period is current.
  • Be wary of intermediaries offering "retroactive" enrollment or salaries above the new cap — the agreement no longer allows it. For questions, go to your local IMSS office or call 800 623 2323.

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