On April 1, the dispersion of a new deposit for the pensioners of the Mexican Social Security Institute (IMSS). The authorities warn that he pay It is guaranteed for the entire community; However, retirees wonder if banks can make a discount in the amount of your monthly payment IMSS Pension 2024for him payment of some debt that have outstanding bank loans or credit cards with these financial institutions.
It should be remembered that, on some occasions, pensioners they turn to the banks to process a credit card that allows them to make daily purchases or even request bank loans, to face and solve heavier expenses. Although there is always fear among the beneficiaries of the IMSS Pension 2024about what will happen to the debt in case they stop paying the institutions and if they can carry out the payment automatically in your private accounts.
The First Chamber of the Supreme Court of Justice of the Nation (SCJN) issued a resolution last year, where warn to the pensioners of the IMSSon the legal provision and the powers of the banksas for the discount directly to the savings account where they deposit the pension to the beneficiaries, to settle a debt acquired by a credit opening contract.
The appropriation through a credit opening contract of retirement savings resources is expressly contrary to the applicable laws and is therefore unconstitutional.
Can banks apply a discount on payment of the IMSS Pension due to debt?
After the case, where a pensioner sued the bank for him discount in its pay monthly, for payment of one debtamount that was improperly drawn from the resources of the account intended to cover its pension due to unemployment at an advanced age, the First Chamber resolved the trial in favor of the retiree, so from 2023 warn that these types of actions cannot be carried out on account of retirement money, either from IMSS or the Institute of Security and Social Services of State Workers (ISSSTE)
He payment charged to the resources of an account dedicated to the payment of a pension for unemployment at an advanced age, based on what was unilaterally established by a bank in a credit opening contract, represents a violation of the right to a salary and a decent life.
In the first instance, it was considered that the banking entity acted in accordance with the agreed clauses in the contract, but the plaintiff filed a direct amparo lawsuit, alleging that the resolution violated his right to salary and a living minimum, to lead a dignified life. . The SCJN annulled the abusive clauses and determined that the banks cannot apply any discount to the pay that the beneficiaries receive from the IMSS Pension 2024 for unemployment at an advanced age, regardless of the amount of the debt that they have accumulated.
That is to say, that the banks are not authorized to carry out the payment on account of the IMSS Pension 2024, under the form of unemployment. This resolution guarantees that the pensioners can count on your pay integral to solve other types of daily expenses. The federal authorities warn to banking institutions about the application of some discount on the payroll of older adults, since this act will be punished with heavy financial fines.