Introduction to the Supreme Court of Justice of the Nation (SCJN) Ruling
The Supreme Court of Justice of the Nation (SCJN) has established a precedent that enables descendants, who are over 18 years old (such as children, daughters, grandchildren, or granddaughters), to claim a deceased worker’s pension funds without needing to prove economic dependency. This ruling ensures that the deceased worker’s pension resources return to their family and are not lost in bureaucratic processes or restrictive interpretations.
Background on the Ruling
Previously, proving economic dependency was only relevant for determining the order of preference among beneficiaries. However, it did not justify excluding descendants from accessing these resources. The SCJN ruling clarifies that if there are no legal beneficiaries for a deceased person, descendants over 18 years old can now claim pension funds even if they did not have economic dependency.
Impact of the SCJN Ruling
This new jurisprudence by the SCJN is significant for families where there are no legal beneficiaries, such as spouses or children under 18 years old. In these cases, the pension funds previously might have been inaccessible to older descendants due to the economic dependency requirement. Now, they can claim these resources, ensuring financial support continues for the family.
Who is Eligible?
- Descendants: Children, daughters, grandchildren, or granddaughters over 18 years old.
- No legal beneficiaries: There should be no spouse, ascendants (parents or grandparents), or descendants under 18 years old who can claim the pension funds.
Key Questions and Answers
- What does this ruling change? It allows descendants over 18 years old to claim a deceased worker’s pension funds without needing to prove economic dependency.
- Who can benefit from this ruling? Families with no legal beneficiaries (spouse, ascendants, or descendants under 18) can now have older descendants access the pension funds.
- How does this ruling affect existing processes? This ruling clarifies that the economic dependency requirement was only for determining the order of preference among beneficiaries, not to exclude descendants.
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