IMSS Pension 2026: Ley 73, Ley 97, AFORE, Infonavit, and Welfare Pension Explained

Your pension depends on one date: when you first contributed to IMSS

Before anything else, you need to know whether you fall under Ley 73 or Ley 97. This single fact changes your retirement age, how many weeks you need, and how your benefit gets calculated.

Ley 73 applies to anyone who registered and contributed to IMSS for the first time before July 1, 1997. Even if you stopped contributing and came back later, you retain the right to retire under this regime, which is almost always more favorable.

Ley 97 applies to those who started contributing on or after July 1, 1997. Under this system, your pension comes from what you accumulate in your individual AFORE account.

You can confirm which regime governs your case by checking your contribution history on the IMSS website or with your AFORE.

Ley 73 Pension: How It Works

What You Need

• Minimum of 500 weeks of contributions
• Age 60 (early retirement due to unemployment at advanced age) or 65 (standard retirement)

Your Benefit Amount

Your pension is calculated using your average salary from your last 250 weeks of contributions (roughly five years), multiplied by a percentage that increases with your retirement age:

• Age 60: 75%
• Age 61: 80%
• Age 62: 85%
• Age 63: 90%
• Age 64: 95%
• Age 65: 100%

In other words, each year you wait between 60 and 65 raises your percentage. The number of weeks you contributed and your age at retirement also factor into the final calculation.

Modalidad 40: Boost Your Pension Before You Retire

Since the calculation relies on your salary in the five years before retirement, many workers use Modalidad 40 (voluntary continuation under the mandatory regime) to keep contributing—even without an employer—at a higher declared salary, thereby increasing that critical average. It has timing rules (you must register within five years of your last contribution) and a monthly cost. Done correctly, it can raise your pension substantially; done wrong, it is wasted money. It is worth modeling with a specialist.

Ley 97 Pension: Your AFORE Savings

Requirements in 2026

• 875 weeks of contributions in 2026. Note: this number increases by 25 weeks each year until reaching 1,000 weeks in 2031 (the gradual increase began after the 2020 reform).
• Age 60 (unemployment at advanced age) or 65 (standard retirement).

Where Your Money Comes From

Under Ley 97, your pension depends entirely on the balance accumulated in your individual AFORE account: worker contributions, employer contributions, government contributions, plus investment returns. The 2020 reform gradually increased employer contributions (toward roughly 15% of salary by 2030) specifically to improve pensions for this cohort.

When you retire, you choose between:

• Life annuity: you transfer your balance to an insurance company that pays you for life, with annual inflation adjustments.
• Programmed withdrawal: your AFORE pays you monthly by dividing your balance by your life expectancy; the risk is that money runs out if you live longer than expected.
• Guaranteed minimum pension: if you meet age and weeks but your savings fall short, the State ensures a minimum. In 2026, this ranges roughly between 3,500 to 11,128 pesos per month, depending on age, weeks, and average salary.

What If You Don't Have Enough Weeks?

If you reach retirement age without the required weeks, IMSS issues a Denial of Pension and you receive your accumulated AFORE balance in a single lump-sum payment. This is why it matters to review your weeks early and, if you are close, explore options to complete them.

AFORE: Three Things You Can Control

Your AFORE manages your retirement savings. Three elements are directly in your hands:

• Returns and fees: not all AFORE providers perform alike; you can switch.
• Weeks and account data: verify that your contribution history is complete and error-free.
• Voluntary contributions: they add to your balance and, under Ley 97, translate directly into a higher pension (and may offer tax benefits).

The Infonavit Housing Fund Subcustody

Within your individual account sits a housing fund subcustody managed by Infonavit. If you never used that money for a housing loan, it does not disappear: when you retire, it is either returned to you or added to your retirement resources.

• Under Ley 73: housing fund resources (those accumulated from 1997 onward, plus the SAR) are paid to you in a single lump-sum when you retire.
• Under Ley 97: unused housing resources form part of what counts toward your pension or are returned to you depending on the circumstances.

It is money many people forget to claim. If you are already retired and never collected it, you can still request it.

Welfare Pension for Older Adults

This is separate from and independent of your IMSS pension: it reaches all people age 65 and over who live in Mexico, whether or not they have an IMSS or ISSSTE pension. It is a constitutional right and universal.

• Amount in 2026: 6,400 pesos every two months, deposited into your Banco del Bienestar card (adjusted each year).
• Requirements: be 65 years old, reside in Mexico, hold a valid official ID (voter ID), have your CURP, birth certificate, and proof of residence.
• Registration: is in-person and free, at Welfare Modules, on dates published by the Secretariat of Welfare in alphabetical order. There is no online or WhatsApp registration: be cautious of anyone offering registration in exchange for money or your personal data.
• You can designate a trusted assistant to represent you if health prevents you from attending.

IMSS Application: Step by Step

1. Check your weeks on the IMSS website or with your AFORE; verify there are no errors in your history.
2. Determine your regime and project your benefit (professional guidance is wise here, especially for Ley 73 and Modalidad 40).
3. Gather your documents: official ID, CURP, birth certificate, AFORE account statement, proof of residence.
4. File your application at the IMSS subdelegation serving your area; you can schedule an appointment on imss.gob.mx.
5. Choose your withdrawal method (for Ley 97) and track your application status.

Key Questions Answered

How many weeks do I need to retire in 2026? Ley 73: 500 weeks. Ley 97: 875 weeks in 2026 (rises by 25 each year until reaching 1,000 in 2031).

At what age can I retire? From age 60 (reduced benefit) or 65 (full benefit) under both regimes.

Can I receive both an IMSS pension and the Welfare Pension? Yes. The Welfare Pension is universal for those 65 and over and does not depend on whether you have an IMSS or other pension.

I am short on weeks. What are my options? You can explore voluntary contributions; if you still fall short under Ley 97, you receive your AFORE balance in a lump sum. It pays to review this with a specialist well in advance.

What is better: a life annuity or programmed withdrawal? It depends on your balance, health, and risk tolerance. A life annuity provides certainty for life; programmed withdrawal offers flexibility but may deplete if you live longer than expected. This choice deserves careful modeling before you commit.

Plan Your Pension With a Professional

The difference between a well-planned pension and a miscalculated one can be thousands of pesos per month for life, especially for Ley 73 with Modalidad 40 and when choosing a withdrawal method under Ley 97. A qualified Mexican pension and social security specialist can project your scenario before you file your application, ensuring you do not leave money on the table.

Frequently asked questions

How do I know if I am under Ley 73 or Ley 97?

Your regime is determined by when you first contributed to IMSS. If you registered before July 1, 1997, you fall under Ley 73. If you registered on or after July 1, 1997, you are under Ley 97. You can verify this on the IMSS website or by asking your AFORE.

What is Modalidad 40 and should I use it?

Modalidad 40 lets you continue contributing to IMSS as a voluntary participant, even without an employer, using a higher declared salary. This raises the average used to calculate your Ley 73 pension. It has a monthly cost and timing rules. Whether it makes sense depends on your situation and how long you plan to contribute. A specialist can model whether it will pay off.

What happens if I do not have enough weeks to retire?

Under Ley 97, if you reach retirement age without the required 875 weeks (2026 figure), you receive a Denial of Pension and your entire AFORE balance is paid to you in one lump sum. You may still be eligible for the Welfare Pension at 65. Under Ley 73, you would need to wait until you accumulate 500 weeks, or explore voluntary contribution options.

Is the Welfare Pension different from my IMSS pension?

Yes. The Welfare Pension (6,400 pesos bimonthly in 2026) is a separate, universal right for all residents age 65 and over, regardless of whether you have an IMSS pension. You register in person at a Welfare Module. Both can be claimed at the same time.

Can I recover my Infonavit housing fund if I never used it for a house?

Yes. If you did not draw on your housing subcustody for a loan, that money is still yours. Under Ley 73, it is paid as a lump sum at retirement. Under Ley 97, it is part of your retirement resources. If you are already retired and never claimed it, you can still request it from your AFORE.