Overview
- The Plenary voted 6–2 to declare unconstitutional articles 41.I and 131.II of the ISSSTE Law that imposed a five-year cohabitation or child-in-common condition.
- Authored by Minister Irving Espinosa Betanzo, the ruling holds the temporal and procreation tests violate equality, family protection and social security rights.
- ISSSTE must re-evaluate claims without the fixed-time rule, with applicants proving concubinage through evidence of affective, solidarity and cohabitation ties.
- The case arose from an amparo by a partner recognized after roughly three years of cohabitation whose pension had been denied by ISSSTE.
- The Court abandoned longstanding precedent from the 2007 regime, leaving Congress and ISSSTE to refine standards as dissenting ministers warned of potential fiscal strain.