GENERAL PENSION SYSTEM IN COLOMBIA

The purpose of the General Pension System is to guarantee the population protection against contingencies arising from old age, disability, and death, by acknowledging the pensions and benefits determined in the Law 100 of 1993. It also tends to expand progressive coverage of population segments not covered by a pension system.

It is made up of two mutually exclusive but coexisting solidarity regimes. The first is the Solidarity Framework of Average Bonus with Defined Benefit, which is of a public nature and is administered by Colpensiones. The second is the Individual Savings with Solidarity Regime, which is private and is operated by the Pension and Severance Fund Administrators.

Additionally, the Pension and Parafiscal Management Unit -UGPP, is a national entity attached to the Ministry of Finance and Public Credit created in 2010. Its main mission objectives are the recognition of pension rights caused by administrators of the Average Bonus Regime of the national order, and of the public entities of the national order that have been in charge of the acknowledgement of pensions, in respect of which their liquidation has been decreed or is decreed; and the tasks of monitoring, collaboration, and determination of the adequate, complete, and timely liquidation and payment of parafiscal contributions of Social Protection.

The Special Administrative Unit for Pension Management and Parafiscal Contributions for Social Protection – UGPP was created in the National Development Plan 2006-2010, (Law 1151 of 2007) as an entity attached to the Ministry of Finance and Public Credit, with legal status, administrative autonomy and independent heritage. Its functions are divided into two major issues: On the one hand, the recognition of pension rights caused by administrators of the Average Premium Regime of the national order, and of the
public entities of the national order in liquidation, and on the other hand, it is responsible for monitoring, collaboration and determination of the adequate, complete and timely liquidation and payment of parafiscal contributions of Social Protection.

MOST COMMON LEGAL CONFLICTS FOR THE ACKNOWLEDGEMENT OF PENSIONS IN COLOMBIA AND WHICH ARE SUBJECT TO LEGAL INTERPRETATION AND APPEALABLE BEFORE THE RESPECTIVE JURISDICTION LEGAL PROBLEM:

ARTICLE 128. “No one may simultaneously hold more than one public job or receive more than one assignment from the public treasury, or from companies or institutions in which the State has a majority share, except in cases expressly determined by law.”

Our legal point of view:

Our experience allows us to develop a study and a legal solution depending on your case. It does not matter that you have or are enjoying an official pension. In general, the former public employee almost always have the right to pension recognition from the private pension fund that is initially denied by the pension fund or even by the natural judge who knows this type of judicial process.

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DISABILITY PENSION

It is important to note that there are currently many people who can take a disability pension if they show that they have contributed 300 weeks before April 1, 1994 and not the 50 weeks prior to disability, as required by current regulations.

SURVIVORS PENSION

When a pensioner or a contributor who has not yet received a pension dies, the spouse or other family members are entitled to a survivor’s pension or pension substitution to the extent that they meet the requirements established by law.

That is to say that whoever survives him will receive the pension that the deceased had, according to the conditions indicated by the law. If the deceased was already a pensioner, the figure is known as pension substitution; If the deceased had not received a pension but had fulfilled the requirements to access the pension, the figure is known as a survivor’s pension.

All cases differ in terms of the legal situation of the beneficiary, the legal analysis to be carried out is strictly subject to the events that occurred from the relationship or family relationship, (depending on each case) until the time of the death of the worker or employee who is the cause of the right to claim. In most cases, these rights are already acquired by law, it is only necessary to set in motion the judicial apparatus to make them effective.

ELDERLY RETIREMENT

ARTICLE 33. Requirements to Obtain the Old Age Pension. To be entitled to the old-age pension, the affiliate must meet the following conditions: 1. Have reached fifty-five (55) years of age if he is a woman, or sixty-60 years of age if he is a man.

2. Have contributed a minimum of 1,000 weeks at any time.

PARAGRAPH 4. As of January first (1st) of the year two thousand and fourteen (2014) the ages to access the old-age pension will be readjusted to fifty-seven (57) years if it is a woman and sixty-two (62) years if male.

Today, the old-age pension can be claimed with only 1,000 weeks of contributions, even with 500 weeks, as long as the employee or worker has contributed at least 500, or 1,000 weeks, and is within the existing regulations in the time of the employment relationship, which must be prior to the month of April 1994, that is, that on that date women must have been 55 years old, and men 60 years old. Remember, in Colombia PENSION RIGHTS ARE UNPRESCRIBABLE.