Law 100 of 1993 (December 23)
Official Gazette No. 41,148 of December 23, 1993
By which the system of comprehensive social security is created and other provisions Summary
THE CONGRESS OF THE REPUBLIC OF COLOMBIA DECREES
PREAMBLE Integral Social Security is the set of institutions, rules and procedures available to the person and the community to enjoy a quality of life, through the progressive implementation of plans and programs that the state and society developed to provide comprehensive coverage of contingencies, especially those that undermine health and economic capacity of the inhabitants of the country, in order to achieve individual well-being and community integration.
SOCIAL SECURITY SYSTEM INTEGRAL. CHAPTER I.
GENERAL PRINCIPLES ARTICLE 1o. SOCIAL SECURITY SYSTEM INTEGRAL. The system of comprehensive social security is to ensure the inalienable rights of the individual and the community for the quality of life consistent with human dignity by protecting the contingencies that affect them.
The system comprises the obligations of the state and society, institutions and resources to ensure coverage of the benefits of economic, health and related services, subject of this Act, or other normatively are incorporated in the future.
. BEGINNING. The essential public service of social security will be provided subject to the principles of efficiency, universality, solidarity, integrity, unity and participation:
a. EFFICIENCY. It is the best social and economic use of administrative, technical and financial resources available for benefits entitling to social security to be provided in adequate, timely and sufficient manner;
B. Universality. It is the guarantee of protection for all persons, without discrimination, in all stages of life;
C. SOLIDARITY. It is the practice of mutual aid among people, generations, economic sectors, regions and communities under the principle of the strongest to the weakest.
It is the duty of ensuring solidarity in the social security system through participation, control and direction of the same State.
The resources from the public treasury in the System Security always apply to the most vulnerable population groups.
D. INTEGRALITY. It is the coverage of all contingencies that affect health, economic capacity and overall living conditions of the entire population. For this purpose everyone contribute according to their ability and receive what is necessary to meet contingencies covered by this Act;
E. UNITY. It is the articulation of policies, institutions, systems, procedures and benefits for the purposes of social security, and
f. PARTICIPATION. It is the community involvement through social security beneficiaries in the organization, control, management and supervision of institutions and the system as a whole.
PARÁGRAFO. Social security will be developed progressively, in order to protect the population and quality of life.
ARTICLE 3. THE RIGHT TO SOCIAL SECURITY. The State guarantees to all inhabitants of the country, the inalienable right to social security.
This service will be provided by the Comprehensive Social Security System, in order to gradually expand coverage to all sectors of the population, under the terms established by this law.
ARTICLE 4. PUBLIC SERVICE SOCIAL SECURITY. Social Security is an obligatory public service, the direction, coordination and control is in charge of the State and will be provided by public or private entities under the terms and conditions set forth in this law.
This public service is essential in relation to the General System of Social Security in Health. With respect to General Pension System it is essential only in those activities directly related to the recognition and payment of pensions.
CHAPTER II. INTEGRAL SYSTEM
The 5th ITEM. CREATION. Developing the 48th article. of the Constitution, to organize the Social Security System Integral whose direction, coordination and control will be in charge of the State, under the terms of this law.
ARTICLE 6o. OBJECTIVES. The Comprehensive Social Security System shall order the institutions and resources necessary to achieve the following objectives:
1. Ensure economic and health benefits to those who have an employment relationship or sufficient economic capacity to join the system.
2. Ensure the provision of complementary social services in terms of this law.
3. Ensure the expansion of coverage until the entire population has access to the system through mechanisms that developing the constitutional principle of solidarity, let sectors without sufficient economic capacity as peasants, indigenous and independent workers, artists, sportsmen, community mothers, access the system and the granting of benefits in a comprehensive manner.
The Comprehensive Social Security System is established to unify the planning regulations and social security, and to coordinate the borrowing entities of the same, for the purposes provided for in this law.
ARTICLE 7. ACTION AREA. The Comprehensive Social Security System guarantees the coverage of economic contingencies and health, and providing complementary social services, in the terms and under the procedures provided by this law.
Article 8. SHAPING THE SOCIAL SECURITY SYSTEM INTEGRAL. The Comprehensive Social Security System is the harmonious set of public and private entities, rules and procedures and is made by the general schemes provided for pensions, health, occupational hazards and complementary social services defined in this law.
Article 9. DESTINATION OF RESOURCES. They may not allocate or use the resources of the social security institutions it for different purposes. BOOK I. GENERAL
PENSION SYSTEM TITLE I. GENERAL PROVISIONS
CHAPTER I. GENERAL PURPOSE AND CHARACTERISTICS OF THE PENSION SYSTEM
ARTICLE 10. PURPOSE OF GENERAL PENSION SYSTEM. The General Pension System is to ensure the population, the protection against the contingencies arising from old age, disability and death, through recognition of pensions and benefits are determined by this law, as well as tending towards progressive extension of coverage to segments of the population not covered by a pension system.
ARTICLE 11. SCOPE. The General Pension System enshrined in this law, all the inhabitants of the national territory shall apply, preserving and respecting additionally all rights, guarantees, privileges, services and benefits acquired and established under previous regulatory provisions, covenants, agreements or collective labor agreements for whom the effective date of this law have met the eligibility requirements for a pension or pensioners retirement, old age, disability, replacement or survivors of the public, official sectors are, semiofficial on all orders Media Prima regime and the private sector in general.
The foregoing shall not prejudice the right of denunciation which assists the parties and the arbitration tribunal settling the differences between the parties. Effective Notes
ARTICLE 12. DIETARY
GENERAL PENSION SYSTEM. The General Pension System is comprised of two mutually exclusive but supportive regimes coexist, namely:
a. Media Prima Solidario scheme with defined benefit plans.
B. Regime Individual Savings with Solidarity.
ARTICLE 13. GENERAL CHARACTERISTICS OF PENSION SYSTEM. The General Pension System has the following characteristics:
a. Membership is compulsory for all dependent and independent workers; Editor's Notes
B. The selection of any one of the arrangements provided for by the previous article is freely and voluntarily by the affiliate, who for this purpose manifest in writing their choice when linking or transfer. The employer or any natural or legal person that ignores this right in any form will be liable to the penalties mentioned in item 1o. Article 271 of this law.
C. Affiliates will be entitled to recognition and payment of benefits and disability pensions, old-age and survivors, as provided in this law. Effective Jurisprudence
D. Membership entails the obligation to make contributions established in this law. Effective Jurisprudence
E. The members of the General Pension System may choose the pension scheme of their choice. Once the initial selection, these may only be moved regime only once every five (5) years from the initial selection. After one (1) year from the effective date of this law, the affiliate can not move when you shall fail regime ten (10) years or less to meet the age for entitlement to old-age pension; Effective Notes
F. For the recognition of pensions and benefits covered by the two schemes, the sum of listed weeks prior to the effective date of this law, the Social Security Institute or any cash, fund or public sector entity is taken into account or private, or service time as public servants, whatever the number of weeks of contributions or service time.
G. For the recognition of pensions and benefits referred to in the two schemes will take into account the amount of listed weeks to any of them.
H. Developing the principle of solidarity, the two schemes provided by Article 12 of this law guarantees members the recognition and payment of a minimum pension in the terms of this law.
I. The pension solidarity fund is intended to expand coverage by subsidizing the population groups, their characteristics and socioeconomic conditions, have no access to social security systems, such as self-employed or unemployed, artists, athletes, mothers Community and disabled. Créase a subaccount subsistence Solidarity Pension Fund, for the protection of people in extreme poverty or extreme poverty through economic subsidy, the origin, amount and regulation is established in this law. Age to access this protection will in any case three (3) years less than governing in the general pension system for affiliates. Effective Notes
J. No member may simultaneously receive disability pensions and old age.
K. The managers of each of the regimes of General Pension System entities are subject to the control and surveillance of the Banking Superintendency. Effective Jurisprudence
L. In any case after the effective date of this law, may be replaced weeks of contribution or paid weekly contributions or length of service with compliance with other requirements other than contributions actually made or time of services actually rendered before the recognition of the pension. Nor they may be granted pensions General System which do not correspond to times of services actually rendered or quoted, in accordance with the provisions of this law. The foregoing is without prejudice to agreements or collective labor agreements; Effective Notes
M. The resources of the General Pension System are exclusively for this system and do not belong to the nation, or to entities that administer them. Effective Notes
N. The State is responsible for the direction, coordination and control of the General Pension System and guarantor of pension funds provided by affiliates under the terms of this law and its exclusive destination control, custody and administration.
The Nation may, from the effective date of this law, gradually assume the payment of benefits and pension payments of pensioners who acquired their rights prior to July 4, 1991, in the new departments created under Article 309 of the Constitution; Effective Notes
Or. The general pension system will facilitate the coordination of the various actors at all levels; Effective Notes
P. Members who upon reaching the age of pension not meet the other requirements for this purpose, shall be entitled to a refund or replacement compensation balances according to the rate at which they are affiliated and in accordance with the provisions of this Act; Editor's Notes
Q. The costs of administering the general pension system will allow a reasonable fee to the administrators and will be determined in the manner provided in this law. Effective Notes
ARTICLE 14. PENSION ADJUSTMENT. In order that old-age pensions or retirement, disability and replacement or survivor, in either of the two regimes general pension system, maintain their purchasing power, they are adjusted annually on its own initiative, the first of January each year, the percentage change in the Consumer Price Index, certified by the DANE for the previous year. However, pensions whose monthly amount is equal to the legal monthly minimum wage will be readjusted every time job with the same percentage by which the minimum wage is increased by the Government.
PARÁGRAFO. The Government may establish hedging mechanisms that allow insurers cover the risk of the increase could have pensions immediate annuity and deferred annuity dealing Articles 80 and 82 of this law when increasing the legal monthly minimum wage current is greater than the percentage change in the price index certified by the National Administrative Department of Statistics Consumer for the respective year. The national government will determine the costs resulting from the application of these hedging mechanisms. The Superior Council of Fiscal Policy (Confis) grant tax guarantee for these coverages. Effective Notes
GENERAL AFFILIATION TO PENSION SYSTEM
ARTICLE 15. AFFILIATED. Be affiliated with the General Pension System:
1. Mandatorily: All persons related by contract or as public servants. Also, individuals who directly provide services to the state or institutions or private sector companies, in the form of contracts to provide services, or any other type of services adopt, independent workers and population groups by its characteristics or socioeconomic conditions are chosen to be beneficiaries of grants through the Solidarity Pension Fund, according to the available budget. Effective Jurisprudence
Also they are compulsorily affiliated to the General Pension System created by Law 100 of 1993, and shall be governed by all provisions of this law for all purposes, public servants entering Ecopetrol, from the effective date of this law.
During the three (3) years following the effective date of this law, public servants in positions of administrative career scheme members with defined benefit average premium must remain in the system while maintaining the quality of such. Also those entering for the first time to the public sector in positions of administrative career necessarily be affiliated with the Institute of Social Insurance, during the same period. Effective Jurisprudence
. In the case of self-employed the following principles apply:
a) The income contribution base may not be less than the minimum wage and must be commensurate with the income actually received by the affiliate. So that those who have sufficient financial capacity, solidarity contributions made under this Act;
B) may be made contributions prepayments;
C) The Government shall establish a system of direct discount of inputs to allow direct payment thereof;
D) The administrators can not deny affiliation of independent workers or demanding requirements other than those expressly provided for by the rules which govern it;
E) Contributions may be made by third parties for affiliate without that fact alone implies the existence of an employment relationship;
F) To verify contributions may be made crosses with the information from the tax authorities and, likewise, other reserved information requested, but in any case such information may not be used for other purposes. Effective Jurisprudence
2. Voluntarily: All natural persons residing in the country and Colombians living abroad, who do not have the required quality members and that are not expressly excluded by this law.
Foreigners under an employment contract to remain in the country and are not covered by any regime of their home country or any other. Effective Jurisprudence
PARÁGRAFO. People in this article refers may join the scheme through their guilds or associations, in accordance with regulations to that effect is issued within three months of the effective date of this law. Effective Notes
ARTICLE 16. INCOMPATIBILITY OF SCHEMES. No person shall distribute mandatory contributions between the two regimes of General Pension System.
The provisions of the preceding paragraph shall be without prejudice to the right of members to hire or be participants in supplementary pension schemes inside or outside the General Pension System.
PARÁGRAFO TRANSIENT. The National Government shall regulate in six (6) months from the effective date of this Act, integration and functions of a permanent committee of workers, employers and pensioners, to analyze failures in the provision of administrative services social security, with a focus on social profitability remains the basic objective of redistribution of wealth.
QUOTES TO PENSION SYSTEM GENERAL
ARTICLE 17. OBLIGATION OF QUOTES. During the term of the employment relationship and the contract to provide services, must be made mandatory regimes general pension system by members contributions, employers and contractors based on salary or income from the provision of services than those accrues. Effective Jurisprudence
The obligation to pay contributions ceases at the time the member is eligible to access the minimum old age pension or when the disability pensione affiliate or early. Effective Jurisprudence
The foregoing notwithstanding voluntary contributions decide to continue making affiliate or employer in both regimes. Effective Jurisprudence
contribution base. The basis for calculating contributions referred to in the preceding article, the monthly salary.
The contribution base wage for private workers, will be the result of applying the provisions of the Labour Code.
The contribution base for servers public sector monthly salary will be determined by the Government, in accordance with the provisions of the Law on the 4th. Jurisprudence 1992. Effective
The limit of the contribution base will be twenty-five (25) minimum monthly wages for workers in the public and private sector. When accrued monthly over twenty-five (25) times the minimum statutory monthly wage contribution base shall be regulated by the national government and may be up to 45 minimum monthly wages to ensure pensions to twenty-five (25) minimum wages. Effective Jurisprudence
The contributions of workers whose remuneration is agreed in the form of full wages shall be calculated on 70% of the minimum wage.
In any case, the amount of the contribution will always maintain a direct and proportional to the amount of the pension relationship. PARAGRAPH 1.
. In those cases in which the member receives salary of two or more employers, or income as self-employed or provide services as a contractor, in the same period, the corresponding contributions will be made in proportion to wages or earned income each of them, and these will accumulate for all purposes of this Act without exceeding the legal limit. For these purposes will require that contributions to the health system are made on the same basis. Effective Jurisprudence
In any case the contribution base income may be lower than a current monthly legal minimum wage. Persons receiving income below the legal monthly minimum wage, may be beneficiaries of the Solidarity Pension Fund, to the effect that it will complete the quote they need it and even a legal monthly minimum wage, according to the provisions of this law. Effective Notes
ARTICLE 19. EXCHANGE BASE independent workers. Members of the system that are not linked by an employment contract, contract to provide services or as public servants, quoted on revenue testifying before the entity to which affiliating, keeping correspondence with the income actually received.
In the case of people that the National Government has determined that should be subsidized temporarily in their contributions, they must cover the difference between the full contribution and the subsidy received.
In any case the contribution base be less than the legal monthly minimum wage.
PARÁGRAFO. The people in this Article, whose monthly income is less than or equal to one (1) monthly minimum wage, which recorded such income under the procedure for the purpose by the Government, shall not be obliged to pay contributions referred the General pension system for the next 3 years from the effective date of this Act, notwithstanding the provisions of this paragraph, who voluntarily decide to contribute to the general pension system may do so. Effective Notes
During this period, the Government will evaluate the results of the application of this paragraph and submit to Congress any initiative viable to facilitate access to protection schemes 'Economic' for old age of this population group. Effective Notes
ARTICLE 20. AMOUNT OF QUOTES. The contribution rate will continue in 13.5% * of the contribution base income. Editor's Notes
In the half premium defined benefit 10.5% of the contribution base income will finance the old-age pension and the establishment of reserves for this purpose. The remaining 3% of the base income contribution will fund administrative expenses and the disability pension and survivors.
In the regime of individual saving with solidarity 10% of the contribution base income will be allocated to individual pension savings accounts. 0.5% of contribution base income will be allocated to the Guarantee Fund Minimum Pension Regime of Individual Saving with Solidarity and the remaining 3% will go to cover the costs of administration, reinsurance premium Fogafin and premiums disability insurance and survivors. As of 1
. January 2004 the price will increase by one percent (1%) on the contribution base income. In addition, beginning January 1. January 2005 the price will increase by half percent (0.5%) and another half point (0.5%) in 2006. As of 1. January 2008, the Government may increase by one (1%) additional point quotation for once, as long as the growth of gross domestic product is equal to or more than 4% on average during the two (2) previous years.
The price increase will go in the half premium payment of pensions and pension capitalization of reserves.
In the Individual Savings System with Solidarity the increase is made in 2004 will go to the Fund Minimum Pension Guarantee individual savings scheme. Increases carried out since 2005 will be allocated to individual pension savings accounts. Every five years and based on financial and actuarial studies conducted for this purpose, the government redistributes price increases under this Article between the Guarantee Fund Regime Minimum Pension Individual Savings and pension savings accounts.
The reduction in administration costs and insurance premiums disability and survivor benefits payable as a greater value in the accounts of pension saving scheme members individual savings or reserves at the ISS workers, according the case.
Employers pay 75% of the total contribution and workers the remaining 25%.
In any case half premium may use resources from old-age pension reserves for administrative expenses or other purposes OTR you.
To finance invalidity pensions and survivors of current and future members of the ISS, it may transfer resources reserves to old-age pension disability and survivors.
The National Government will regulate the operation of the separate accounts in the Social Security Institute and other entities managing average premium, so that resources can be used for old-age pension reserves for administrative expenses or other purposes in any case other than pay pensions.
Members who have equal or exceed four monthly income (4) monthly legal minimum wages, will be responsible for an additional contribution of one percent (1%) on the contribution base income, for the bottom pension solidarity, in accordance with the provisions of this Act in articles 25 and following of law 100 of 1993.
affiliates with income equal to or exceeding 16 monthly legal minimum wage, will have an additional contribution on its base income trading, as follows: 16 to 17 smlmv of 0.2%, from 17 to 18 smlmv of 0.4%, 18 to 19 smlmv, from 0.6%, from 19 to 20 smlmv, of 0.8% and above 20 smlmv 1% exclusively to the sub-subsistence Solidarity Fund Pensional that treats this law.
The entity which is quoting the member must collect and transfer the pension solidarity fund corresponding resources in the terms and conditions stipulated by the Government. PARAGRAPH 1.
. For purposes of calculating the base income contribution of officials serving in the outside plant of the Ministry of Foreign Affairs, it shall be based on the monthly basic allowance and wage factors set forth in the regulations for equivalent positions of the plant internal. In any case, the base income settlement of these servers will also be established in the regulations for equivalent positions in the internal level, taking into account the ceilings applicable pension. Effective Jurisprudence
. The National Government appointed no later than 31 December 2003, a committee of actuaries made up of members of several associations of actuaries if any, or his substitute, to verify, based on statistical data of the population of affiliates the General Pension System and reserves available in the Guarantee Fund Minimum Pension Individual Savings Regime, technical adequacy of the fund. PARAGRAPH 3.
. The National Government shall regulate the organization and management of the resources that comprise the autonomous equity Guarantee Fund Regime Minimum Pension Individual Savings with Solidarity. Effective Notes
ARTICLE 21. INCOME BASE OF LIQUIDATION. It is understood by base income to pay off the pensions provided in this Act, the average wage or income on which he has quoted the affiliate during the ten (10) years prior to recognition of the pension, or at any time if this were lower in the case of disability pensions or survivors, updated annually based on the change in the consumer price index, according to certification issued by the DANE.
When the average base income, adjusted for inflation, calculated on the income of the entire working life of the worker, resulting higher than expected in the previous paragraph, the worker may opt for this system, provided there quoted 1250 weeks As minimum. Effective Jurisprudence
ARTICLE 22. OBLIGATIONS OF THE EMPLOYER. The employer is responsible for payment of their contribution and the contribution of workers to their service. To this end, it deducted from the salary of each member, at the time of payment, the amount of compulsory contributions and voluntary who has expressly authorized in writing by the member, and transfer these sums to the entity chosen by the worker, together with corresponding to its contribution, within the time limits for the purpose by the Government.
The employer liable for the entire contribution even in the event that not effected the employee discount. Editor's Notes
ARTICLE 23. SANCTION
MORATORIUM. The contributions are not consigned within the period prescribed for the purpose, will generate interest on arrears paid by the employer, equal to governing for income tax and complementary. These interests will be credited to the corresponding fund allocation or individual pension savings accounts of the respective affiliates, as applicable. Editor's Notes
Computers spending of public sector entities without just cause not have the timely provision of the contributions, incur grounds for misconduct, which shall be punished under the current disciplinary regime. Editor's Notes
In all public sector entities will be required to include in the budget necessary for the payment of the employer's contribution to Social Security as a requirement for filing, processing and study by the appropriate authority headings.
collection actions. It corresponds to the administrative entities of different regimes advance collection actions on the occasion of a breach of the employer's obligations in accordance with the regulations issued by the National Government. To this end, the settlement by which the Administrator determines the value owed, executive merit pay. Editor's Notes
CHAPTER IV. SOLIDARITY FUND PENSION
ARTICLE 25. CREATION OF SOLIDARITY FUND PENSION. Create the Pension Solidarity Fund, as a special account of the Nation without legal status, under the Ministry of Labour and Social Security, whose resources will be managed in trust by trust companies public in nature, and preferentially by trust companies social sector solidarity, or by pension fund managers and / or severance of social solidarity sector, which are authorized for this purpose by virtue of this law. Effective Jurisprudence
PARÁGRAFO. The National Government shall regulate the administration, operation and destination of the resources of the Pension Solidarity Fund, in accordance with the provisions of this Act.
The Solidarity Pension Fund will composed of representatives of the guilds advisory council production, the labor unions and the confederation of pensioners, in accordance with the regulations for the purpose by the Government. The Council shall be heard previously, non-binding, by the National Council of Social Policy for determining the annual plan coverage extension that Article 28 of this law refers to.
background object. The Solidarity Pension Fund aims to subsidize contributions to General Pension Scheme of employees or independent rural and urban workers who lack sufficient resources to make the entire contribution, such as artists, athletes, musicians, composers, bullfighters and his subordinates, women microentrepreneurs, community mothers *, people at physical, mental and sensory disabilities, members of worker cooperatives and other associative forms of production, in accordance with the regulations for the purpose by the National government. Editor's Notes
The subsidy granted to replace partially the contributions of the employer and the worker, or the latter should have the quality of self-employed, even for minimum wage as contribution base. The National Government will regulate the proportion of the subsidy referred to in this paragraph.
The beneficiaries of these subsidies can choose between Media Prima Solidarity System with Defined Benefit Scheme and Individual Savings with Solidarity, but in the event you select the latter option may only join administer funds management companies that belong to solidarity, social sector and always when your real return is at least equal to the average of the other pension funds in accordance with the provisions of this law.
To qualify for the subsidy, the worker must prove their status as member of the General Social Security in Health, and pay the portion of the contribution that corresponds there.
These grants are awarded as of 1. January 1995.
PARÁGRAFO. Not be beneficiaries of this grant workers who have a voluntary pension savings account that treats this law, nor those who are sure they can pay the entire contribution.
ARTICLE 27. RESOURCES. The pension solidarity fund will have the following sources:
Solidarity subaccount a) Fifty percent (50%) of the additional contribution of 1% of the contribution base, by the members of the general pension system whose contribution base is equal to or greater than four ( 4) minimum monthly wages;
B) The resources provided by local authorities for extended coverage plans in their respective territories, or guilds or associations for their members;
C) The donations received, the financial returns of their resources, and other resources generally receive any title, and
d) Fines referred to Articles 111 and 271 of Law 100 1993. Editor's Notes
2. Subsistence subaccount
A) affiliates with income less than 16 monthly legal minimum wage, will have an additional contribution on their contribution base income, as follows: 16 to 17 smlmv of 0.2% from 17 to 18 smlmv a 0.4%, 18 to 19 smlmv of 0.6% from 19 to 20 smlmv of 0.8% and higher than 20 smlmv 1% exclusively for subsistence subaccount Pension Solidarity Fund that treats this law;
B) Fifty (50%) of the additional contribution of 1% of the contribution base, by the members of the legal general pension system whose contribution base is equal to or greater than four (4) minimum wages current monthly;
C) contributions from the national budget. These may not be lower than those levied annually for the above items listed in subparagraphs a) and b), and shall be settled based on what was reported by the fund during the period of the previous year, restated based on the variation of the index consumer prices, as certified by DANE;
D) Pensioners who receive a monthly allowance exceeding ten (10) monthly legal minimum wages and up to twenty (20) contribute to the Pension Solidarity Fund sub-account for subsistence by 1%, and accrued more twenty (20) minimum wages contribute 2% for the same account. PARAGRAPH 1.
. To be beneficiary of the subsidy contributions, the member of the ISS must be over 55 and those related to pension funds must be over 58, provided they do not have enough to finance a minimum pension capital. PARAGRAPH 2.
. Whenever the resources allocated to the sub-account of solidarity are not sufficient to meet the subsidies that have been granted to the entry into force of this law, the additional percentage that is necessary for the price of one destined percent must make those who have income equal to or greater than four (4) monthly minimum wages. Effective Notes
ARTICLE 28 PARTIAL SUBSIDY. Subsidies referred to in this chapter shall be temporary and partial nature, so that the beneficiary make an effort to partial payment of the contribution charge.
The amount of subsidy may be variable periods and economic activity, taking into account the economic capacity of beneficiaries and the availability of resources of the Fund.
The National Council of Social Policy determine the annual plan extension of coverage should include criteria of regional balance and groups of beneficiaries of this grant workers and the conditions of amount, payment and loss of subsidy .
PARÁGRAFO. The subsidy to the community mothers or workers solidarity community homes of the Colombian Institute of Family Welfare will be given 50% of the price established in this law minimum. Editor's Notes
ARTICLE 29. ENFORCEMENT OF SUBSIDY. When the member who has received subsidies Solidarity Pension Fund exceed sixty-five (65) years old and does not meet the minimum requirements for access to a pension, the respective managing entity will return the amount of contributions subsidized with the financial returns to the Fund.
The administrative entities should keep separate the contributions received from the Fund and establish monitoring mechanisms beneficiary accounts. Effective Jurisprudence
ALLOWANCE ARTICLE 30. WORKERS DOMESTIC SERVICE. The contributions from the national budget that is Law 11 of 1988, for the subsidy on the contributions of domestic workers, will turn to the Solidarity Fund, in separate accounts, so that the latter move the corresponding subsidy to the entity that has selected by the worker.
SOLIDARITY WITH MEDIA PRIMA REGIME DEFINED BENEFIT CHAPTER I.
ARTICLE 31. CONCEPT. Media Prima's regime with Defined Benefit is that by which members or their beneficiaries obtain an old age pension, invalidity or survivors, or compensation, previously defined, in accordance with the provisions of this Title.
Shall be applicable to this regime existing provisions for disability insurance, old age and death by the Institute of Social Insurance, with additions, modifications and exceptions contained in this law.
FEATURES. Media Prima Regime with Definite Benefit will have the following characteristics:
a. It is a solidarity defined benefit scheme;
B. The contributions of members and their yields, constitute a common fund of a public nature, guaranteeing payment of benefits to those who have the status of pensioners in each term, the expenses of administration and the establishment of reserves in accordance with the provisions in this Act.
C. The State guarantees the payment of benefits to creditors become members. Effective Jurisprudence
OLD AGE PENSION
ARTICLE 33. REQUIREMENTS FOR OLD AGE PENSION. To have the right to pension age, the member must meet the following conditions:
1. Having turned fifty-five (55) years of age if female or sixty (60) years if male. Effective Jurisprudence
As of 1
. January 2014 will increase to age fifty-seven (57) years of age for women and sixty-two (62) years for men. Editor's Notes
2. Have contributed a minimum of one thousand (1000) weeks at any time. As of 1
. January 2005 the number of weeks will increase by 50 1o.de and from January 2006 will increase by 25 each year until reaching 1,300 weeks in 2015. PARAGRAPH 1.
. For purposes of calculating the weeks referred to in this Article shall be taken into account:
a) The number of listed weeks in any two regimes general pension system;
B) The service time as public servants paid, including time served in excepted regimes; Effective Jurisprudence
C) The service time as workers bound to employers than before the effective date of Law 100 of 1993 were responsible for the recognition and payment of the pension, provided that the employment relationship was found valid or is initiated after the effective date of Law 100 of 1993. effective Jurisprudence
D) The length of service as workers linked to those employers who default there Were not affiliated with the worker.
E) The number of weekly contributions to pension funds in the private sector before Law 100 of 1993 they had charge of the recognition and payment of the pension.
In the cases referred to in subparagraphs b), c), d) and e), the computation will be provided from the employer or box, as appropriate, move, based on the actuarial calculation, the corresponding sum worker who joins, to the satisfaction of the managing entity, which will be represented by a bonus or pension title.
The pension funds managers recognized in a period not exceeding four (4) months after the application is filed by the petitioner with documentation proving your right. The Funds may not argue that the different boxes have not issued their pension bond or share part. Effective Jurisprudence
. For the purposes of the provisions of this Act, it means a week quoted the period of seven (7) calendar days. Billing and collection of contributions will be made on the number of days listed in each period. PARAGRAPH 3.
. It is considered just cause to terminate the employment contract or the legal or regulatory relationship, the worker in the private sector or public servant meets the requirements set out in this article to be entitled to the pension. The employer may terminate the employment contract or the legal or regulatory relationship, where the pension recognized or reported by the managers of the general pension system.
After thirty (30) days after the employee or public servant meets the requirements set out in this article to be entitled to the pension, if this does not request, the employer may apply for recognition of it on behalf of that.
The provisions of this Article applies to all workers or members of the general public servants pension system. Effective Jurisprudence
PARÁGRAFO 4o. Excepted from the requirements of paragraphs 1 and 2 of this article, persons with a physical, mental or sensory impairment of 50% or more, who meet 55 years of age and who have contributed continuously or discontinuously 1000 or more weeks to the social security scheme established by Law 100 of 1993.
Working mothers whose youngest child 18 years suffer physical or mental disability, duly qualified and until remains in this state and continue as dependent on the mother, is entitled to receive the special old-age pension at any age, provided that it has contributed to the General pension system at least the minimum required weeks in the average premium rate for access to old-age pension. This benefit will be suspended if the worker rejoins the workforce. If the mother is deceased and the father has the power of invalid minor country, you can retire with the requirements and conditions established in this article. Effective Jurisprudence
ARTICLE 34. AMOUNT OF OLD AGE PENSION. The monthly amount of old-age pension corresponding to the first 1,000 weeks of contributions, will be equivalent to 65% of base settlement income. For every 50 additional to the 1,000 to 1,200 weeks weeks, this percentage will increase by 2% to the contribution period to 73% of base settlement income. For every 50 additional 1,200 to 1,400 weeks this percentage will increase by 3% instead of 2% to complete a maximum of 85% of base settlement income.
The total value of the pension may not exceed 85% of base settlement income, or less than the minimum pension referred to in the following article. As of 1
. January 2004 the following rules shall apply:
The monthly amount corresponding to the number of weeks required minimum pension contribution will be equivalent to 65% of base income settlement affiliates. This percentage is calculated according to the following formula:
r = 65.50 - 0.50 s, where:
r = percentage of income settlement.
S = number of monthly statutory minimum wages.
Since 2004, the monthly amount of old-age pension is a percentage of between 65 and 55% of base settlement income of affiliates, in decreasing manner depending on their income level calculated based in the indicated formula. 1o. January 2005 the number of weeks will increase by 50 weeks. In addition, the 1st. January 2006 will increase in 25 weeks each year to reach 1,300 weeks in 2015.
Since 2005, for every fifty (50) additional weeks to the minimum required, the percentage will increase by 1.5% settlement income base, reaching a maximum amount of pension between 80 and 70.5% of such income, in decreasing manner depending on the income level of contribution, calculated based on the formula set out in this Article. The total value of the pension can not exceed eighty (80%) of settlement basis, not less than the minimum pension income. Effective Notes
ARTICLE 35. MINIMUM OF OLD AGE PENSION OR RETIREMENT. The monthly amount of the minimum old age pension or retirement may not be less than the value of the current monthly minimum wage.
PARÁGRAFO. Pensions recognized after the effective date of Law 4A. 1.992 shall not be subject to the limit established by the 2nd article. Law 71 of 1988, which is amended by this Act, except excepcionadas regimes and institutions in Article 279 of this Act.
Editor's Notes Effective Jurisprudence
transitional regime. The age for the old age pension, continue in fifty-five (55) years for women and sixty (60) for men, until 2014 *, the date on which the age will increase by two years, he said, will be 57 years for women and 62 for men. Editor's Notes
The age for the old age pension, length of service or the number of weekly contributions, and the amount of the old age pension of persons upon entry into force System have thirty-five (35 ) or more years of age if they are women or forty (40) years of age or if they are men or fifteen (15) or more years of service listed, will be established under the previous regime to which they are affiliated. Other conditions and requirements applicable to these people to access old age pension, shall be governed by the provisions of this Act.
Term Notes Editor's Notes
The base income to pay off the old age pension of the persons mentioned in the preceding paragraph shall be wanting them less than ten (10) years to acquire the right, is the average of accrual at the time do them lack for it, or quoted all the time if this is higher, updated annually based on the change in the consumer Price Index, according to certification issued by the DANE. However, when the time to do them lack is equal to or less than two (2) years after the entry into force of this Law, the base income to settle the pension is the average accrual within two (2) last years for private sector workers and one (1) year for public servants. Effective Jurisprudence
The provisions of this Article for people who upon entering into force the regime have thirty-five (35) or more years of age if they are women or forty (40) or more years of age if they are men, shall not apply when these people voluntarily adopt the system of individual saving with solidarity, in which case they will be subject to all the conditions laid down for that procedure. Effective Jurisprudence
Nor is applicable for those having chosen the regime of individual saving with solidarity decide to change the average premium with defined benefits. Effective Notes
Who to the effective date of this Act had fulfilled the requirements for accessing the retirement pension or old age, according to previous favorable rules, even if there had been survey, entitled, in development acquired rights to be recognized and it settles the pension favorability conditions prevailing at the time they met those requirements. Effective Jurisprudence
PARÁGRAFO. For purposes of recognizing the old-age pension referred to in the first paragraph (1st) of this Article shall take into account the amount of listed weeks prior to the effective date of this law, the Social Security Institute, the Savings Banks , funds or social security institutions public or private sector, or service time as public servants regardless of the number of weeks of contributions or service time. Effective Jurisprudence
. Effective Notes
ARTICLE 37. INDEMNIFICATION OF REPLACEMENT pension age. People who have reached the age for old age pension have not paid the minimum required weeks, and declare their inability to continue trading, they are entitled to receive, in substitution, compensation equivalent to a wage settlement basis weekly average multiplied listed by the number of weeks; the result thus obtained is applied to the weighted average of the percentages on which the member has contributed. Editor's Notes
PENSION common risk disability
ARTICLE 38. STATE OF DISABILITY. For the purposes of this section is held invalid the person who for any reason of occupational origin and not caused intentionally, has lost 50% or more of their working capacity. Effective Jurisprudence
ARTICLE 39. REQUIREMENTS FOR disability pension. Entitled to disability pension the member of the system as provided in the preceding article is declared invalid and stating the following conditions: Effective Jurisprudence
1. Disability caused by illness: That has contributed fifty (50) weeks within the last three (3) years immediately preceding the date of structuring and fidelity contribution to the system is at least twenty percent (20%) of time elapsed between the time he was twenty (20) years of age and the date of the first qualifying disability status. Effective Jurisprudence
2. Disability caused by accident: It has contributed fifty (50) weeks within the last three (3) years immediately preceding the event giving rise to the same, and loyalty (to quote for the system is at least twenty percent (20 %) of the time elapsed between the time he was twenty (20) years of age and the date of the first qualifying disability status.
Jurisprudence PARAGRAPH 1. Effective. All children under twenty (20 ) years of age should only prove that they have contributed twenty-six (26) weeks in the last year immediately preceding the triggering event of their disability or declaration.
. When the member has contributed at least 75% of the minimum weeks required for access to old-age pension it will be required only he has contributed 25 weeks in the last three (3) years. Effective Jurisprudence
ARTICLE 40. AMOUNT OF DISABILITY PENSION. The monthly amount of disability pension shall be equivalent to:
a. 45% of the revenue settlement basis, plus 1.5% of such income for every fifty (50) weeks of contributions that the member had credited after the first five hundred (500) weeks of contributions, when the decline in capacity employment is equal to or greater than 50% but less than 66%.
B. 54% of base settlement income, plus 2% of such income for every fifty (50) weeks of contributions that the member had credited after the first eight hundred (800) weeks of contributions, when the decline in capacity employment it is less than 66%.
The disability pension may not exceed 75% of base settlement income.
In no case the disability pension may be less than the monthly minimum wage.
The disability pension will be recognized at the request of an interested party and will begin to be paid, retroactively, from the date on which such status occurs. Effective Jurisprudence
ARTICLE 41. QUALIFICATION OF THE STATE OF DISABILITY. The state of disability will be determined in accordance with Io provisions of the following items and based on the unique manual for disability qualification Ia Ia force to qualifying date. This manual will be issued by the National Government and shall provide for the technical evaluation criteria to qualify the impossibility to have the affected to perform the job for loss of earning capacity.
Corresponds to the Social Security Institute, Colombian pension fund manager -COLPENSIONES-, the Professional Risk Managers - ARP-to insurance companies take the risk of disability and death, and EPS Health Promotion Entities, determining a first opportunity the loss of earning capacity and rate the degree of disability and the origin of these contingencies. If the person concerned does not agree with Ia rating should express its disagreement within ten (10) and Ia days entity shall submit it to the Regional Boards Disability Qualification regional order within five (5) days following, whose decision can be appealed before Ia National Disability Qualification Board, which will decide Ia a term of five (5) days. Those decisions come against legal action.
The act declaring invalid Ia issued by any of the above entities, must expressly contain the grounds of fact and law that led to this decision, as well as the shape and timing in which the person concerned may request Ia rating by Regional Board of Ia and Ia right to appeal this qualification before Ia National Board.
When Ia incapacity declared by one of the aforementioned entities (ISS, Administrator Colombian Pension - Colpensiones-, ARP, insurer or health promoter) is lower by no less than ten percent (10%) limits qualifying disability status, you will have to compulsorily resorted to Ia Regional disability Qualification Board on behalf of Ia respective entity.
For cases of accident or common illness in which there is a favorable concept of rehabilitation Health Promoter Entity Ia, Ia Pension Fund Administrator will delay the processing of disability qualification for a maximum term of three hundred sixty (360) days in addition to the first one hundred and eighty (180) days of temporary disability recognized by Ia Healthcare Promotion entity, event calendar in which, under the pension insurance and disability or Ia social welfare entity corresponding that issued it, Ia Pension Fund Administrator will grant a subsidy equivalent to the inability coming enjoying the worker.
The Health Promotion Entities shall issue the concept before the day met one hundred twenty (120) temporary disability and submit not later than the day fifty percent (150) in each of the Pension Fund Administrators where find the worker who is issued the respective concept, as appropriate affiliate. When Ia Healthcare Promotion Entity does not issue a favorable concept of rehabilitation, if it any, will be paid an allowance equivalent to the respective temporary disability after one hundred eighty (180) initial days from its own resources, even when issue the corresponding concept.
Without prejudice to the provisions of this article, for qualifying at first opportunity, it corresponds to the Regional Boards qualify in the first instance the loss of earning capacity, disability status and determine its origin.
A National Qualification Board responsible resolution of disputes in the second instance be submitted for decision by the Regional Boards.
The rating will be made based on the unique manual for disability qualification issued by the national government, in effect on the date of qualification, which shall contain and scientific technical evaluation and qualification of loss of percentage labor capacity systems criteria to an impairment, disability and handicap that have generated consequences as a result of an illness or accident. Effective Jurisprudence
PARAGRAPH 1. For the selection of the members of the Regional and National Disability Qualification Boards, the Ministry of Labour will consider the following criteria:
The selection will be made through competitive bidding and objective, to be convened you must do no less than two (2) months before the competition date and Ia include weighting the criteria based on which the members of these organizations will be selected. The notice must be published in a medium of national circulation.
Among the aspects weighting criteria as a minimum of five (5) years professional experience and a written exam academic background on the use of manual capacity loss! Aborad and disability be included, which will take place through a prestigious academic institution. The competition results will be public and members of the Boards shall be appointed by the Minister of Labour, beginning with those who obtain the highest score.
The establishment of the Regional Boards Disability Qualification may be regionalized and management of their resources shall be regulated by the Government equally. The selection process of members of the boards of disability qualification will be financed with resources from the Occupational Hazards Fund.
PARÁGRAFO 2. social security entities, members of the Regional Boards and National Disability and qualified professionals will be jointly responsible for the opinions they produce damages to affiliates or the directors of the Social Security System when this fact is fully tested. Effective Notes
ARTICLE 42. NATURE MANAGEMENT AND OPERATION OF REGIONAL BOARDS AND NATIONAL DISABILITY RATING. Regional and National Boards Qualification disability are organisms of the System of Social Security the national, legal establishment, under the Ministry of Labour with legal, private law, non-profit, interdisciplinary, subject to revisoría tax, technical and scientific autonomy in the expert opinions, whose decisions are binding, without prejudice to the second instance that corresponds to the National Board of Disability Qualification respect of regional and pursuant to the regulations determined by the Ministry of Work.
Shall be according to the regulations determined by the Ministry of Labour, integration, operational and financial management, the terms of time and procedure for issuing opinions, operation and inspection, monitoring and control of these aspects as well as the regionalization of the country for the purpose of operation of the Boards, scale of fees to its members, operating procedures and appeals and appeal.
. The members of the National and Regional Boards Disability Qualification shall be governed by this law and its regulations, act within the respective period and, if necessary, shall hold office until the possession of the new members is made for the period correspondingly, they shall be appointed according to the regulations for the purpose by the Ministry of Labour. Effective Jurisprudence
. The social security entities and members of the Regional and National Boards of Disability and professionals who qualify, are collectively responsible for the opinions they produce damages to affiliates or the directors of the Integral Social Security, when this fact is fully tested .
It is the obligation of the different actors of the Social Security Systems in Health and Safety at Work timely delivery of required and which are available to support the qualification of origin between the competent institutions to qualify the worker information. PARAGRAPH 3.
. The Ministry of Labour should organize within six (6) days following the entry into force of this law months, the structure and operation of Disability Qualification Boards as part of the structure of the Ministry of Labor. Effective Notes
ARTICLE 43. Impediments, CHALLENGES AND SANCTIONS. The principal and deputy of Regional and National Boards in odd number members shall be appointed according to the regulations issued by the Ministry of Labour. The members shall be individuals exercising a public function in providing the service and while they are part of the Boards of Disability Rating, may not have any connection or perform tasks related to the classification of the origin and degree of loss of working capacity activities or administrative or commercial tasks in administering the Comprehensive Social Security System, entities or their entities management, monitoring and control.
The members of the Boards shall be subject to the regime of impediments and challenges applicable to the Judges of the Republic, as provided in the Code of Civil Procedure and its procedure shall be made in accordance with Article 30 of the Administrative Code and , and individuals exercising public functions, we applies the Single Disciplinary Code. PARAGRAPH 1.
. The members of the National Board and Regional Boards Rating invalidity shall not have the character of public servants do not earn wages or social benefits and are only entitled to the fees established by the Ministry of Labor. PARAGRAPH 2.
. The members of the National Board and Regional Boards of Disability Qualification may not stay longer than two (2) consecutive periods. Effective Notes
ARTICLE 44. REVIEW OF DISABILITY PENSIONS. Disability status may be reviewed:
a. At the request of the entity welfare or social security corresponding three (3) years, in order to ratify, modify or set aside the opinion that served as the basis for the settlement of the pension that enjoys the beneficiary and proceed to extinction , decrease or increase it, if it would place.
This new opinion is subject to the rules of the preceding articles.
The annuitant has a period of three (3) months from the date of such request for review submitted to the respective state of invalidity. Except in cases of force majeure, if the annuitant is not presented or prevents such a review within that period, the payment of the pension be suspended. Twelve (12) months from the same date without the annuitant is present or allow the examination, the respective pension barred.
To reacquire the right to later form, the affiliate who claims remain invalid must undergo a new opinion. The costs of this new opinion will be paid by the affiliate; Effective Jurisprudence
B. At the request of the pensioner at any time and expense. Effective Notes
ARTICLE 45. INDEMNIFICATION OF REPLACEMENT pension. The affiliate that when invalidated not any met the requirements for disability pension, is entitled to receive, replacing an equivalent compensation to which he would have been entitled in the case of payment in lieu of the old age pension, provided Article 37 of this law;
SURVIVORS PENSIONS Next