Official Journal No. 41.148 of 23 December 1993
By which the comprehensive social security system is created and other provisions are dictated
THE CONGRESS OF THE REPUBLIC OF COLOMBIA,
Integral Social Security is the set of institutions, norms and procedures, that the person and the community have to enjoy a quality of life, through the progressive fulfillment of the plans and programs that the State and the society develop to provide comprehensive coverage of contingencies, especially those that undermine the health and economic capacity of the inhabitants of the national territory, in order to achieve individual well-being and integration of the community.
INTEGRAL SOCIAL SECURITY SYSTEM.
ARTICLE 1o. INTEGRAL SOCIAL SECURITY SYSTEM. The comprehensive social security system aims to guarantee the inalienable rights of the person and the community to obtain the quality of life according to human dignity, through protection of the contingencies that affect it.
The system includes the obligations of the State and the company, the institutions and the resources intended to guarantee the coverage of the benefits of economic, health and complementary services, subject to this Law, or other In the future, they will be normatively incorporated.
ARTICLE 2o. PRINCIPLES. The essential public service of social security shall be provided for the principles of efficiency, universality, solidarity, integrality, unity and participation:
a. EFFICIENCY. It is the best social and economic use of the administrative, technical and financial resources available for the benefits to which social security is entitled to be provided in an appropriate, timely and sufficient manner;
b. UNIVERSALITY. It is the guarantee of protection for all people, without any discrimination, in all stages of life;
c. SOLIDARITY. It is the practice of mutual aid between people, generations, economic sectors, regions and communities under the principle of the strongest towards the weakest.
It is the duty of the State to guarantee solidarity in the social security system through its participation, control and direction.
The resources from the public purse in the Security System will always apply to the most vulnerable population groups.
d. INTEGRALITY. It is the coverage of all the contingencies that affect the health, the economic capacity and in general the living conditions of the entire population. For this purpose, everyone will contribute according to their capacity and will receive what is necessary to attend to their contingencies covered by this Law;
e. UNIT. It is the articulation of policies, institutions, regimes, procedures and benefits to achieve the aims of social security, and
f. PARTICIPATION. It is the intervention of the community through the beneficiaries of social security in the organization, control, management and supervision of the institutions and the system as a whole.
PARAGRAFO. Social security will be developed progressively, in order to protect the population and quality of life.
ARTICLE 3o. THE RIGHT TO SOCIAL SECURITY. The State guarantees to all inhabitants of the national territory, the inalienable right to social security.
This service will be provided by the Integral Social Security System, in order to the progressive expansion of coverage to all sectors of the population, in the terms established by this law.
ARTICLE 4. OF THE PUBLIC SERVICE OF SOCIAL SECURITY. Social Security is a compulsory public service, the direction, coordination and control of which is carried out by the State and which will be provided by public or private entities in terms and conditions. established in this law.
This public service is essential in relation to the General System of Social Security in Health. With respect to the General Pension System it is essential only in those activities directly linked to the recognition and payment of pensions.
INTEGRAL SOCIAL SECURITY SYSTEM
ARTICLE 5o. CREATION. Developing the 48or. of the Political Constitution, organize the System of Integral Social Security whose direction, coordination and control will be in charge of the State, in the terms of this law.
ARTICLE 6o. GOALS. The Comprehensive Social Security System will order the institutions and resources necessary to achieve the following objectives:
1. Ensure that health and economic benefits are provided to those with a sufficient employment relationship or economic capacity to join the system.
2. Ensure the provision of complementary social services in the terms of this law.
3. To guarantee the extension of coverage until the entire population is able to access the system, through mechanisms that in the development of the constitutional principle of solidarity, allow sectors without sufficient economic capacity as peasants, Indigenous and independent workers, artists, sportsmen and women, community mothers, access to the system and the granting of benefits in a comprehensive way.
The System of Integral Social Security is instituted to unify the norms and the planning of social security, as well as to coordinate the entities of the same, in order to obtain the aims proposed in the present law.
ARTICLE 7o. ACTION BOTH. The System of Comprehensive Social Security guarantees the coverage of economic and health contingencies, and the provision of complementary social services, in the terms and under the modalities provided for by this law.
ARTICLE 8o. INTEGRAL SOCIAL SECURITY SYSTEM. The Comprehensive Social Security System is the harmonious set of public and private entities, rules and procedures and is shaped by the general regimes established for pensions, health, occupational risks<6 > and the complementary social services defined in this law.
ARTICLE 9o. ALLOCATION OF RESOURCES. The resources of the institutions of social security may not be used or used for purposes other than that.
PENSION GENERAL SYSTEM
PENSION SYSTEM OBJECT AND FEATURES
ARTICLE 10. THE PURPOSE OF THE GENERAL PENSION SYSTEM. The General System of Pensions is intended to guarantee the population, the protection against contingencies arising from old age, invalidity and death, through the recognition of pensions and benefits that are determined in this law, as well as propender by progressive extension of coverage to segments of the population not covered by a pension system.
ARTICLE 11. APPLICATION FIELD. 1 of Law 797 of 2003. The new text is as follows: > The General System of Pensions enshrined in this law, will apply to all inhabitants of the national territory, preserving and respecting, in addition all the rights, guarantees, prerogatives, services and benefits acquired and established in accordance with prior normative provisions, covenants, agreements or collective agreements of work for those who have fulfilled the requirements for access to a Pension or have met the requirements of this law find pensioners for retirement, old age, invalidity, replacement or survivors of the public, official, semi-official sectors in all orders of the Prima Media regime and the private sector in general.
The above will be without prejudice to the right of denunciation that the parties are assisting and that the court of arbitration will settle the differences between the parties.
ARTICLE 12. PENSION SCHEME SCHEMES. The General Pension System is composed of two mutually exclusive but co-existing schemes, namely:
a. Solidarity regime of Prima Media with Defined Benefit.
b. Individual Savings Regime with Solidarity.
ARTICLE 13. CHARACTERISTICS OF THE GENERAL PENSION SYSTEM. The General Pension System shall have the following characteristics:
a. 2 of Law 797 of 2003. The new text is as follows: > Membership is mandatory for all dependent and independent workers;
b. The selection of any one of the schemes provided for in the previous article is free and voluntary by the affiliate, who for this purpose will manifest in writing their choice at the time of the link or the transfer. The employer or any natural or legal person who does not know this right in any form shall be entitled to the penalties referred to in paragraph 1. of article 271 of this law.
c. Members shall be entitled to the recognition and payment of benefits and pensions of invalidity, old age and survivors, in accordance with the provisions of this law.
d. Membership implies the obligation to make the contributions that are established in this law.
e. 2 of Law 797 of 2003. The new text is as follows: > Members of the General Pension System may choose the pension scheme they prefer. Once the initial selection has been made, the initial selection may only be carried out once every five (5) years, counted from the initial selection. After one (1) year of the term of this law, the affiliate may not move from a regime when he/she is missing ten (10) years or less to meet the age to be entitled to the old age pension;
f. For the recognition of the pensions and benefits referred to in the two schemes, account shall be taken of the sum of the weeks listed before the current law, the Social Insurance Institute or any other fund. or public or private sector entity, or service time as public servants, regardless of the number of weeks listed or the service time.
g. For the purposes of recognition of the pensions and benefits referred to in the two schemes, account shall be taken of the sum of the weeks listed in any of them.
h. In the development of the principle of solidarity, the two regimes provided for in Article 12 of this Law guarantee their members the recognition and payment of a minimum pension in the terms of the present law.
i. 2 of Law 797 of 2003. The new text is as follows: > The pension solidarity fund will be designed to extend the coverage through the subsidy to the population groups which, due to their characteristics and socio-economic conditions, do not have access to the social security, such as independent or unemployed workers, artists, sportsmen and women, community mothers and the disabled. Create a subsistence sub-account of the Pensional Solidarity Fund, aimed at protecting people in the state of poverty or extreme poverty, through an economic subsidy, whose origin, amount and regulation is established in this law. The age to access this protection will be in any case three (3) years lower than the one that rija in the general pension system for the affiliates.
j. No member of the party may receive invalidity and old age pensions at the same time.
k. The managing entities of each of the systems of the General Pension System shall be subject to the control and surveillance of the Banking Superintendence<3 >.
l. 2 of Law 797 of 2003. The new text is as follows: > In no case from the validity of this law, may be replaced weeks of quotation or payable weeks or time of services with the fulfilment of other requirements other than quotations (a) in fact or time of services actually provided prior to the recognition of the pension. No pension may be granted to the General System which does not correspond to the time of service actually provided or quoted, in accordance with the provisions of this Law. The foregoing without prejudice to the provisions of collective agreements or conventions of work;
m. 2 of Law 797 of 2003. The new text is as follows: > The resources of the General System of Pensions are intended exclusively for that system and do not belong to the Nation, nor to the entities that administer them.
n. 2 of Law 797 of 2003. The new text is as follows: > The State is responsible for the management, coordination and control of the General System of Pensions and guarantor of the pension resources provided by the affiliates, in the terms of this law and will control their destination. exclusive, custody and administration.
The Nation may, as of the current law, gradually assume the payment of the pension benefits and mesads of the pensioners who acquired their right before July 4, 1991, in the new departments. created under article 309 of the National Constitution;
or. 2 of Law 797 of 2003. The new text is as follows: > The general pension system will encourage the consultation of the various actors at all levels;
p. 2 of Law 797 of 2003. CONDITIONS-EXEQUABLE. The new text is as follows: > Affiliates who do not meet the other requirements for that purpose by the age of pension shall be entitled to a refund of replacement balances or compensation in accordance with the scheme to which they are affiliated and conformity with the provisions of this law;
q. 2 of Law 797 of 2003. The new text is as follows: > The costs of administration of the general pension system will allow a reasonable commission to the administrators and will be determined in the form provided for in this law.
ARTICLE 14. PENSION ADJUSTMENT. For the purpose of retirement, invalidity and replacement pensions or survivors ' pensions, in any of the two schemes of the general pension system, to maintain their constant purchasing power, shall be readjusted annually by trade, on the first of January of each year, according to the percentage change in the Consumer Price Index, certified by the DANE for the year immediately preceding. However, pensions whose monthly amount is equal to the current monthly statutory minimum wage, will be adjusted ex officio each time and with the same percentage as the government's salary increase.
PARAGRAFO. 138 of Law 1753 of 2015. The new text is as follows: > The national government will be able to establish hedging mechanisms that will allow insurers to cover the risk of the increase that could have the pension for immediate life and rent for life. treat items 80 and 82 of this law when the increase in the current statutory minimum wage is higher than the percentage change in the Price Index. Consumer certified by the National Administrative Department of Statistics for the respective year. The national government will determine the costs resulting from the application of these coverage mechanisms. The Superior Council of Fiscal Policy (Confis) will grant tax guarantee for these hedges.
PENSION SYSTEM AFFILIATION
ARTICLE 15. AFFILIATES. 3 of Act 797 of 2003. The new text is as follows: > They will be affiliated with the General Pension System:
1. Mandatory: All persons linked by contract of employment or as public servants. Likewise, natural persons who directly provide services to the State or private sector entities or companies, under the modality of service delivery contracts, or any other mode of services they adopt, the independent workers and the population groups which, due to their characteristics or socioeconomic conditions, are chosen to be beneficiaries of subsidies through the Pensional Solidarity Fund, according to the Budget availabilities.
They will also be compulsorily affiliated with the General System of Pensions created by Law 100 of 1993, and will be governed by all the provisions contained in this law for all purposes, the servers The public will enter Ecopetrol, starting with the validity of this law.
During the three (3) years following the validity of this law, the public servants in administrative career positions, affiliated with the average premium regime with defined benefit must remain in that regime while maintaining the quality of the of such. Likewise, those who enter the Public Sector for the first time in administrative career positions will be compulsorily affiliated with the Social Insurance Institute during the same period.
PARAGRAFO 1o. In the case of freelancers, the following principles apply:
a) The contribution base income may not be less than the minimum wage and must correspond to the income effectively received by the affiliate. In such a way that those who possess sufficient economic capacity, carry out the solidarity contributions provided for in this law;
b) Advance payments of contributions may be made;
(c) The National Government will establish a direct discount system for contributions to allow direct payment of contributions;
(d) Administrators may not deny the affiliation of independent workers or require requirements other than those expressly provided for by the rules governing them;
e) The contributions may be made by third parties in favor of the affiliate without such a fact alone involving the existence of an employment relationship;
f) To verify the contributions, crosses may be made with the information of the tax authorities and, likewise, other information reserved, but in any case such information may not be used for other purposes.
2. On a voluntary basis: All natural persons resident in the country and Colombians domiciled abroad, who do not have the quality of compulsory affiliates and who are not expressly excluded by this law.
Foreigners who under a contract of employment remain in the country and are not covered by any regime in their country of origin or any other.
PARAGRAFO. The persons referred to in this Article may be affiliated with the regime through their agremations or associations, in accordance with the regulations to be issued within the three months following the validity of this law.
ARTICLE 16. INCOMPATIBILITY OF SCHEMES. No person may distribute the compulsory contributions between the two Regiments of the General Pension System.
The provisions of the foregoing paragraph shall be without prejudice to the faculty of the members to contract or to participate in supplementary pension plans within or outside the General Pension System.
TRANSIENT PARAGRAPH. The National Government shall regulate within six (6) months of the validity of this law, the integration and the functions of a permanent commission of workers, employers and pensioners, to analyze the failures in the provision of the administrative social security service, so that with a social-profitability approach, maintain the basic objective of redistribution of wealth.
PENSION SYSTEM QUOTES
ARTICLE 17. LIABILITY FOR CONTRIBUTIONS. 4 of Law 797 of 2003. The new text is as follows: > During the lifetime of the employment relationship and the service delivery contract, compulsory contributions must be made to the pension system schemes by the members of the employers and contractors based on the salary or service delivery income that those accrues.
The obligation to quote ceases at the time the affiliate meets the requirements for access to the minimum old age pension, or when the affiliate is penalized for invalidity or early retirement.
This is without prejudice to the voluntary contributions decided by the affiliate or employer in the two regimes.
ARTICLE 18. LISTING BASIS. 5 of Act 797 of 2003. (Article 5 of Law 797 of 2003 transcribes the entire article). The new text is as follows: > The basis for calculating the quotes referred to in the previous article will be the monthly salary.
The base rate salary for the individual workers will be the one that will result from applying the provisions of the Substantive Labor Code.
The monthly salary base for the public sector servers, will be the one that the government points out, in accordance with the provisions of Law 4. of 1992.
The limit of the contribution base will be twenty-five (25) minimum monthly legal salaries in force for public and private sector workers. When more than twenty-five (25) monthly minimum legal salaries are paid, the contribution base will be regulated by the national government and may be up to 45 minimum monthly legal salaries to guarantee pensions. up to twenty-five (25) legal minimum wages.
The contributions of workers whose remuneration is agreed in the form of an integral salary will be calculated on 70% of this salary.
In any case, the amount of the quotation will always maintain a direct and proportional relationship to the amount of the pension.
PARAGRAFO 1o. In cases where the affiliate receives salary from two or more employers, or income as an independent worker or for the provision of services as a contractor, in the same period of time, the contributions they will be made in proportion to the salary, or accrued income of each of them, and these will be accumulated for all the purposes of this law without exceeding the legal ceiling. For these purposes, it will be necessary for the health system quotes to be made on the same basis.
In no case will the base contribution income be less than a current monthly statutory minimum wage. Persons who receive income below the current monthly minimum wage, may be beneficiaries of the Pensional Solidarity Fund, for the purpose of completing the contribution they need and up to a minimum monthly legal salary. in accordance with the provisions of this Law.
ARTICLE 19. BASIS FOR THE CONTRIBUTION OF INDEPENDENT WORKERS. 6 of Law 797 of 2003. The new text is as follows: > System members who are not bound by contract of employment, contract of service provision or as public servants, shall be quoted on the income they declare to the entity to which they are affiliate, keeping correspondence with the income effectively received.
When it comes to people who have been determined by the National Government to be temporarily subsidized in their contributions, they will have to cover the difference between the entire contribution and the subsidy received.
In no case will the quote basis be less than the current monthly statutory minimum wage.
PARAGRAFO. 2 of Law 1250 of 2008. The new text is as follows: > The persons referred to in this Article, whose monthly income is less than or equal to one (1) monthly minimum wage, who register such income according to the procedure that for the purpose determine the National Government, will not be obliged to list for the General System of Pensions for the next 3 years from the validity of this law, notwithstanding the provisions of this paragraph, who voluntarily decide to list the general pension system.
El Nacional] During this period, the National Government will evaluate the results of the implementation of this paragraph and will present to the Congress the initiatives that it considers viable to facilitate access to economic protection schemes for the old age of this population strip.
ARTICLE 20. AMOUNT OF CONTRIBUTIONS. 7 of Law 797 of 2003. The new text is as follows: > Listing rate will continue at 13.5% * of the base contribution income.
In the average premium scheme with defined benefit, 10.5% of the basic contribution will be used to finance the old age pension and the establishment of reserves for this purpose. The remaining 3% on the basis of the basic contribution will be used to finance the administrative costs and the invalidity pension and survivors.
In the individual savings scheme with solidarity 10% of the base contribution income will be allocated to the individual pension savings accounts. 0.5% of the base contribution income will be allocated to the Minimum Pension Guarantee Fund of the Individual Savings Scheme with Solidarity and the remaining 3% will be used to finance the administration costs, the Fogafin reinsurance premium, and the premiums for invalidity and survivors ' insurance.
From 1o. In January 2004, the contribution shall be increased by 1% (1%) on the basis of the basic contribution. Additionally, starting from 1o. In January 2005, the price will increase by half a percentage (0.5%) and another half-point (0.5%) in 2006. From 1o. In January 2008, the National Government may increase by one (1%) additional point the quotation for once, provided that the growth of the gross domestic product is equal to or greater than 4% on average during the two (2) years above.
The increase in the price will be used in the medium premium to the pension payment and to the capitalization of pension reserves.
In the Individual Savings Regime with Solidarity, the increase that will be made in 2004 will go to the Minimum Pension Guarantee Fund of the individual savings scheme. The increases from 2005 will be used for the individual pension savings accounts. Five years and based on the financial and actuarial studies carried out for this purpose, the government will redistribute the price increases provided for in this article between the Guarantee Fund of the Minimum Pension Scheme Individual and pension savings accounts.
The reduction in management costs and premiums for invalidity and survivors ' insurance should be paid as a greater value in the pension savings accounts of workers affiliated to the individual savings scheme or the reservations on the ISS, as the case may be.
Employers will pay 75% of the total contribution and workers the remaining 25%.
In no case shall the average premium scheme be used for the use of old age pension reserves, for administrative expenditure or for other purposes.
To fund the invalidity pensions and survivors of current and future ISS affiliates, resources from the old age pension reserves may be transferred to those of invalidity and survivors.
The National Government will regulate the operation of the separate accounts at the Social Insurance Institute and other medium premium administrative entities, so that in no case can the resources of the pension reserves be used old age for administrative or other purposes other than paying pensions.
Affiliates who have a monthly income equal to or greater than four (4) current statutory minimum wages will be charged an additional one percent (1%) on the basis of the basic contribution, which is allocated to the fund of Pension solidarity, in accordance with the provisions of this law in Articles 25 et seq. of Law 100 of 1993.
Affiliates with income equal to or greater than 16 statutory minimum monthly salaries in force, will have an additional contribution on their base contribution income, as well: from 16 to 17 smlmv of 0.2%, from 17 to 18 smlmv of 0.4%, from 18 to 19 smlmv, of a 0.6%, From 19 to 20 smlmv, of a 0.8% and more than 20 smlmv of 1% exclusively for the subsistence sub-account, of the Pensional Solidarity Fund which is covered by this Act.
The entity to which the affiliate is listed must collect and transfer to the pension solidarity fund the corresponding resources in the terms and conditions indicated by the National Government.
PARAGRAFO 1o. For the purposes of calculating the contribution base income of the officials who provide their services at the foreign ministry's external plant, the basic allocation shall be based on the basic allocation. monthly and the salary factors set in the current rules for the equivalent positions of the internal plant. In any case, the settlement base income of these servers will also be the one established in the current rules for the equivalent charges on the domestic floor, taking into account the pension ceilings that are applicable.
PARAGRAFO 2o. The National Government will appoint no later than 31 December 2003, a commission of actuaries made up of members of various actuaries ' associations if they have or who does their time, so that verify, based on the statistics of the population of members of the General Pension System and the reserves available in the Minimum Pension Guarantee Fund of the Individual Savings Regime, the technical sufficiency of the fund.
PARAGRAFO 3o. 46 of Law 1328 of 2009. The new text is as follows: > The National Government will regulate the organization and administration of the resources that make up the autonomous patrimony of the Minimum Pension Guarantee Fund of the Individual Savings Regime with Solidarity.
ARTICLE 21. SETTLEMENT BASE INCOME. It is understood by base income to settle the pensions provided for in this law, the average of the wages or income on which the affiliate has listed during the ten (10) years prior to the recognition of the pension, or in all the time if this is lower in the case of invalidity or survivor's pensions, updated annually on the basis of the variation in the consumer price index, as certified by the DANE.
When the average of the base income, adjusted for inflation, calculated on the income of the worker's entire working life, is higher than that provided for in the preceding paragraph, the worker may opt for this system, provided that Listed at least 1250 weeks.
ARTICLE 22. OBLIGATIONS OF THE EMPLOYER. The employer shall be responsible for the payment of his contribution and the contribution of the workers to his service. For this purpose, the salary of each member shall be deducted, at the time of payment, the amount of the compulsory contributions and the amount of the voluntary contributions that the affiliate has expressly authorized in writing, and shall transfer these sums to the entity chosen by the member. the worker, together with those corresponding to his contribution, within the time limits to be determined by the Government.
The employer will answer for the entire contribution even in the event that the worker has not made the discount.
ARTICLE 23. PENALTY MORATORIUM. Contributions that are not entered within the time limits specified for the purpose, will generate a moratory interest from the employer, equal to the one that governs the income tax and complementary. Such interest shall be paid either in the relevant supporting fund or in the individual pension savings accounts of the respective members, as the case may be.
The computers of the public sector entities ' expense that without fair cause do not have the appropriate entry of the contributions, will incur a causal of misconduct, which will be sanctioned according to the current disciplinary regime.
In all public sector entities it will be mandatory to include in the budget the necessary items for the payment of the employer's contribution to the Social Security, as a requirement for the presentation, processing and study by the authority corresponding.
ARTICLE 24. RECOVERY ACTIONS. It is for the managing entities of the different regimes to bring forward the recovery actions in order to comply with the obligations of the employer in accordance with the regulations issued by the Government. National. For this purpose, the settlement by which the administrator determines the value due shall be enforceable.
PENSION SOLIDARITY FUND
ARTICLE 25. CREATION OF THE PENSION SOLIDARITY FUND. Create the Pensional Solidarity Fund, as a special account of the Nation without legal status, attached to the Ministry of Labor and Social Security< 1 >, whose resources will be administered in fiducia by the trust companies of a public nature, and preferably by the trust companies of the social solidarity sector, or by the pension and/or unemployment fund managers of the social solidarity sector, which are authorized for this purpose by virtue of this law.
PARAGRAFO. The National Government will regulate the administration, operation and allocation of the resources of the Pensional Solidarity Fund, in accordance with the provisions of this Law.
The Pensional Solidarity Fund will have an advisory board composed of representatives of the production associations, the labor unions and the confederation of pensioners, in accordance with the regulations that the effect of the National Government. This Council shall be heard in advance, without binding nature, by the National Social Policy Council for the determination of the annual coverage extension plan referred to in Article 28 of the present law.
ARTICLE 26. OBJECT OF THE FUND. C-458-15 > The Pensional Solidarity Fund is intended to subsidize contributions to the General Pension Scheme of salaried or independent workers in the rural and urban sector who lack sufficient resources to provide make the entire contribution, such as artists, sportsmen, musicians, composers, bullfighters and their deputies, the microbusinesswoman, the community mothers *, people in physical, mental and sensory disabilities, members of the worker cooperatives and other associative forms of production, in accordance with the regulations to be issued by the National Government for the purpose.
The allowance will be partially granted to replace the contributions of the employer and the worker, or of the latter in the event of the quality of the independent worker, up to a minimum wage as a basis of contribution. The National Government shall regulate the proportion of the subsidy in question.
The beneficiaries of these subsidies will be able to choose between the Solidarity Regime of Prima Media with Defined Benefit and the Individual Savings Regime with Solidarity, but in the event of selecting this last option, they will only be able to join funds managed by the managing companies belonging to the social solidarity sector, provided that their actual profitability is at least equal to the average of the other pension funds in accordance with the provisions of the present law.
In order to qualify for the subsidy, the worker must credit his or her status as an affiliate of the General Health Insurance Scheme, and pay the portion of the contribution that corresponds to it.
These subsidies are granted from 1o. January 1995.
PARAGRAFO. You may not be eligible for this allowance for workers who have a voluntary pension savings account that is covered by this law, or those who are found to be able to pay the full contribution.
ARTICLE 27. RESOURCES. 8 of Law 797 of 2003. The new text is as follows: > The pension solidarity fund will have the following sources of resources:
1. Sub-account of solidarity
(a) 50% (50%) of the additional 1% contribution on the basis of contributions, by members of the general pension system whose contribution base is equal to or greater than four (4) monthly minimum legal wages in effect;
(b) The resources provided by the territorial entities for plans for extension of coverage in their respective territories, or of agremations or federations for their affiliates;
c) The donations you receive, the financial returns of your resources, and in general the other resources you receive for any title, and
d) The fines referred to in Articles 111 and 271 of Law 100 of 1993.
2. Subsistence Sub-account
(a) Affiliates with income equal to or greater than 16 statutory minimum monthly salaries in force will have an additional contribution on their base contribution income, as follows: from 16 to 17 smlmv of 0.2%, from 17 to 18 smlmv of 0.4%, from 18 to 19 smlmv of a 0,6%, 19 to 20 smlmv of 0,8% and more than 20 smlmv of 1% exclusively for the subsistence sub-account of the Pensional Solidarity Fund which is covered by this Act;
(b) 50% of the additional 1% contribution on the basis of contributions by members of the general pension system whose contribution base is equal to or greater than four (4) current minimum statutory statutory wages;
c) The contributions from the national budget. These may not be lower than those collected annually by the concepts listed in subparagraphs (a) and (b) above, and shall be settled on the basis of what is reported by the fund in the year immediately preceding, updated on the basis of the variation of the DANE-certified consumer price index;
(d) Pensioners who earn more than ten (10) monthly minimum statutory wages in force and up to twenty (20) will contribute to the pension fund for the subsistence sub-account by 1%, and those who become more than 20 (20) minimum wages shall contribute 2% for the same account.
PARAGRAFO 1o. To be a beneficiary of the subsidy for contributions, those affiliated with the ISS, must be over 55 years old and those linked to pension funds must be greater than 58, provided they do not have a capital sufficient to finance a minimum pension.
PARAGRAFO 2o. When you want the resources that are assigned to the solidarity sub-account not to be sufficient to address the subsidies that have been granted to the entry into force of this law, the the additional percentage required of the one percent contribution to be made by those who have income equal to or greater than four (4) monthly minimum legal wages.
ARTICLE 28. SUBSIDY BIAS. The subsidies referred to in this Chapter shall be of a temporary and partial nature, so that the beneficiary makes an effort to pay part of the contribution to his or her capacity.
The amount of the subsidy may be variable for periods and for economic activity, taking into account the economic capacity of the beneficiaries and the availability of resources from the Fund.
The National Social Policy Council will determine the annual coverage extension plan that will include regional balance criteria and the groups of workers benefiting from this subsidy, as well as the conditions of payment and loss of entitlement to the allowance.
PARAGRAFO. The subsidy to be granted to community mothers or workers in solidarity with the community households of the Colombian Family Welfare Institute shall be at least 50% of the contribution established in this law.
ARTICLE 29. ELIGIBILITY OF THE ALLOWANCE. Where the affiliate who has received grants from the Pensional Solidarity Fund exceeds sixty-five (65) years of age and does not meet the minimum requirements for access to an old age pension, the institution The respective administrator shall return the amount of the subsidized contributions with the corresponding financial returns to that Fund.
The managing entities must keep separate accounts of the contributions received from the Fund and establish the mechanisms for monitoring the beneficiaries.
ARTICLE 30. contributions from the National Budget under Law 11 of 1988, for the subsidy on the contributions of the domestic service workers, will be paid to the Solidarity Fund, in separate accounts, to move the allowance for the entity selected by the worker.
AVERAGE PREMIUM SOLIDARITY REGIME WITH DEFINED BENEFIT
ARTICLE 31. CONCEPT. The Prima Media with Defined Benefit scheme is the one by which the members or their beneficiaries obtain an old-age, invalidity or survivor's pension, or an indemnity, previously defined, in accordance with the provisions of the provided for in this Title.
The provisions in force for the insurance of invalidity, old age and death in charge of the Social Insurance Institute shall apply to this regime, with the additions, modifications and exceptions contained in this law.
ARTICLE 32. FEATURES. The Media with Defined Benefit Regime will have the following characteristics:
a. It is a defined benefit regime;
b. The contributions of the members and their income, constitute a common fund of a public nature, which guarantees the payment of the benefits of those who have the quality of pensioners in each life, the respective administrative expenses and the constitution of reserves in accordance with the provisions of this Law.
c. The State guarantees the payment of the profits to which the affiliates are made creditors.
OLD AGE PENSION
ARTICLE 33. REQUIREMENTS FOR OBTAINING THE OLD AGE PENSION. 9 of Law 797 of 2003. The new text is as follows: > To have the right to the Old Age Pension, the affiliate must meet the following conditions:
1. Have been fifty-five (55) years old if she is a woman or sixty (60) years if she is a man.
From 1o. January of the year 2014 age will increase to fifty-seven (57) years old for the woman, and sixty-two (62) years for the man.
2. Have quoted a minimum of one thousand (1000) weeks at any time.
From 1o. January of the year 2005 the number of weeks will increase by 50 and from 1 January of January 2006 will increase by 25 every year to reach 1,300 weeks in the year 2015.
PARAGRAFO 1o. For the purposes of the computation of the weeks referred to in this Article, account shall be taken of:
(a) The number of weeks listed in any of the two systems of the general pension system;
b) Service time as paidpublic servants, including times served in excepted regimes;
c) Service time as workers linked to employers who prior to the validity of the 1993 Act 100 were in charge of the recognition and payment of the pension, as long as the relationship will be in force or started after the 1993 100 Act.
d) The time of service as workers linked to those employers who, by default, would not have been affiliated with the worker.
e) The number of weeks quoted to private sector pre-viewing cases that before the 1993 Law 100 were in charge of the recognition and payment of the pension.
In the cases provided for in literals (b), (c), (d) and (e), the calculation shall be made as long as the employer or the box, as the case may be, transferred, on the basis of the actuarial calculation, the corresponding sum of the worker who is a member of the satisfaction of the managing body, which will be represented by a bonus or pension title.
The funds responsible will recognize the pension in a time not exceeding four (4) months after the application is filed by the petitioner, with the corresponding documentation that accredits your right. The Funds will not be able to claim that the different boxes have not issued the pension bonus or part fee.
PARAGRAFO 2o. For the purposes of the provisions contained in this law, the period of seven (7) calendar days is understood per week. The billing and collection of the contributions will be made on the number of days quoted in each period.
PARAGRAFO 3o. It is considered fair cause to terminate the employment contract or legal or regulatory relationship, which the private sector worker or public servant meets the requirements set forth in this Article to be entitled to the pension. The employer may terminate the employment contract or the statutory or statutory relationship, where the pension is recognised or notified by the administrators of the general pension system.
After thirty (30) days after the worker or public servant meets the requirements set forth in this article to be entitled to the pension, if the pension does not apply, the employer may apply for recognition of the same. on behalf of the.
The provisions of this article apply to all workers or public servants affiliated with the general pension system.
PARAGRAFO 4o. Except for the requirements set out in numerals 1 and 2 of this article, persons suffering from a physical, psychological or sensory impairment of 50% or more, who are 55 years of age and who are have continuously listed or discontinuous 1000 or more weeks to the social security scheme established in the Act 100 of 1993.
The working mother whose child under 18 years suffers from physical or mental disability, duly qualified, and until such time remains in this state and continues as dependent on the mother, you will be entitled to receive the special old age pension at any age, provided you have listed the General Pension System at least the minimum number of weeks required in the Average premium scheme for access to old age pension. This benefit will be suspended if the worker rejoins the workforce. If the mother has passed away and the parent has the parental authority of the invalid child, it may be punishable by the requirements and under the conditions laid down in this article.
ARTICLE 34. AMOUNT OF THE OLD AGE PENSION. 10 of Law 797 of 2003. The new text is as follows: > The monthly amount of the old age pension, corresponding to the first 1,000 weeks of contribution, shall be equal to 65% of the basic income. For every 50 additional weeks at 1,000 up to 1,200 weeks, this percentage will increase by 2%, reaching this time of contribution to 73% of the base settlement income. For each additional 50 weeks at 1,200 to 1,400, this percentage will be increased by 3% instead of 2%, up to a maximum amount of 85% of the settlement base income.
The total value of the pension may not exceed 85% of the settlement base income, nor less than the minimum pension referred to in the following Article.
From 1o. The following rules apply in January 2004:
The monthly amount of the pension corresponding to the minimum number of weeks required will be equal to 65% of the income of the members. This percentage shall be calculated according to the following formula:
r = 65.50-0.50 s, where:
r = percentage of settlement income.
s = number of current monthly legal minimum wages.
As of 2004, the monthly amount of the old-age pension will be a percentage that will range from 65% to 55% of the membership base income, in decreasing form based on the income level calculated on the basis of the formula. indicated. El 1o. January 2005 the number of weeks will increase in 50 weeks. Additionally, the 1o. January 2006 will increase in 25 weeks each year to 1,300 weeks in the year 2015.
From 2005, for every fifty (50) weeks additional to the required minimum, the percentage will be increased by 1.5% of the base income from liquidation, reaching a maximum amount of pension between 80 and 70.5% of said income, in form (a) on the basis of the level of contribution income calculated on the basis of the formula set out in this Article. The total value of the pension may not exceed 80% of the basic settlement income, nor less than the minimum pension.
ARTICLE 35. MINIMUM PENSION FOR OLD AGE OR RETIREMENT. The monthly amount of the minimum old-age or retirement pension may not be less than the current monthly statutory minimum wage.
PARAGRAFO. Retirement pensions recognized after the validity of Law 4a. of 1,992 shall not be subject to the limit laid down in Article 2. of Law 71 of 1,988, which is amended by this Law, except in the regimes and institutions excepted in the article 279 of this Act.
ARTICLE 36. TRANSITIONAL ARRANGEMENTS. The age for access to the old age pension, will continue in fifty-five (55) years for women and sixty (60) for men, until the year 2014 *, when the age will increase in two years, that is, it will be 57 years for the women and 62 for men.
The age for access to the old age pension, service time or number of listed weeks, and the amount of the old age pension of the persons who at the time of the entry into force the System is thirty-five (35) or more years of age if are women or forty (40) or more years of age if they are male, or fifteen (15) or more years of listed services, shall be the one established in the previous regime to which members are found. The other conditions and conditions applicable to such persons for access to the old age pension shall be governed by the provisions of this Law.
The basic income to settle the old-age pension of the persons referred to in the previous paragraph that will be missing less than ten (10) years to acquire the right, will be the average of the accrual in the time that will make them missing for it, or the For all the time, if this is higher, updated annually on the basis of the variation of the Consumer Price Index, according to the certification issued by the DANE. However, when the time taken for them is not equal to or less than two (2) years for the entry into force of this Law, the basic income to settle the pension will be the average of the accruals in the last two (2) years, for private sector workers and one (1) year for public servants
The provisions of this Article for persons who are thirty-five (35) or older if they are female or forty (40) or more years of age if they are male, shall not be applicable when they are in force at the time of entry into force. persons voluntarily accept the individual savings scheme with solidarity, in which case they shall be subject to all the conditions laid down for that scheme.
It will also not apply for those who have chosen the individual savings scheme with solidarity to decide to switch to the average premium with defined benefit.
Who by the date of validity of this Law would have fulfilled the requirements for access to the retirement or old age pension, in accordance with previous favourable rules, even if the recognition had not been carried out, they will be entitled, in development of the acquired rights, to be recognised and to be entitled to the pension under the conditions of eligibility in force, at the time when they met those requirements.
PARAGRAFO. For the purposes of the recognition of the old-age pension referred to in the first subparagraph (1) of this Article, account shall be taken of the sum of the weeks previously listed for the purposes of this law, to the Insurance Institute Social, social security, funds or social security entities of the public or private sector, or service time as public servants, whatever the number of weeks listed or service time.
ARTICLE 37. REPLACEMENT ALLOWANCE FOR THE OLD AGE PENSION. Persons who have completed the age to obtain the old age pension have not paid the minimum number of weeks required, and declare their inability to continue to be listed, shall be entitled to receive, in substitution, an allowance equivalent to a weekly average settlement salary multiplied by the number of weeks listed; the result thus obtained is applied to the weighted average of the percentages on which there is Affiliate listed.
COMMON RISK DISABILITY PENSION
ARTICLE 38. STATUS OF INVALIDITY. For the purposes of this Chapter who for any cause of non-professional origin, not intentionally caused, has lost 50% or more of his or her job capacity.
ARTICLE 39. REQUIREMENTS FOR OBTAINING THE INVALIDITY PENSION. 1 of the 860 Act 2003. The new text is as follows: > You will be entitled to the Invalidity pension to the system affiliate that is declared invalid in accordance with the above article and accredit the following conditions:
1. Invalidity caused by illness: That you have listed fifty (50) weeks within the last three (3) years immediately preceding the date of structuring and your fidelity For the purpose of the system is at least twenty per cent (20%) of the time elapsed between the time when 20 (20) years of age and the date of the first qualification of the state of invalidity.
2. Invalidity caused by accident: That you have listed fifty (50) weeks within the last three (3) years immediately preceding the cause of the accident, and your fidelity (quotation for the system is at least twenty per cent (20%) of the time elapsed between the time it was twenty (20) years old and the date of the first qualification of the disability status.
PARAGRAFO 1o. Children under twenty (20) years of age should only credit that they have listed twenty-six (26) weeks in the last year immediately preceding the event causing their invalidity or their declaratory.
PARAGRAFO 2o. When the affiliate has listed at least 75% of the minimum weeks required to access the old age pension, it will only be required that you have listed 25 weeks in the last three (3) years.
ARTICLE 40. AMOUNT OF THE INVALIDITY PENSION. The monthly amount of the invalidity pension will be equivalent to:
a. 45% of the settlement base income, plus 1.5% of such income for every fifty (50) weeks of contribution that the affiliate has credited after the first five hundred (500) weeks of contribution, when the decrease in its working capacity is equal to or greater than 50% and less than 66%.
b. 54% of the settlement base income, plus 2% of such income for every fifty (50) weeks of contribution that the affiliate has credited after the first eight hundred (800) weeks of contribution, when the decrease in its job capacity is equal to or greater than 66%.
The pension for invalidity may not exceed 75% of the settlement base income.
In no case will the invalidity pension be less than the monthly statutory minimum wage.
The invalidity pension will be recognized at the request of an interested party and will begin to be paid, retroactively, from the date of such a state.
ARTICLE 41. QUALIFICATION OF THE STATE OF INVALIDITY. 142 of Decree 19 of 2012. The new text is as follows: > The status of invalidity will be determined in accordance with Io provided in the following articles and based on the unique manual for the qualification of invalidity in force at the date of qualification. This manual shall be issued by the National Government and shall provide for the technical evaluation criteria to qualify it as being impossible for the person concerned to perform his or her work for loss of his or her work capacity.
It is up to the Social Insurance Institute, Colombian Pension Administrator (COLPENICAS), to the Professional Risk Administrators<6 > -ARP-, to the Insurance Companies that assume the risk of invalidity and death, and to the Health Promoter Entities, to determine at first opportunity the loss of work capacity and to qualify the degree of invalidity and the origin of these contingencies. If the person concerned does not agree with the qualification, he/she must express his/her inconformity within the following ten (10) days and the entity must refer it to the Regional Qualification Boards of Invalidity of the regional order within the following five (5) days, the decision of which will be appealed to the National Rating Board of Invalidity, which will decide in a term of five (5) days. Legal action is taken against these decisions.
The act declaring the invalidity issued by any of the foregoing entities shall expressly contain the grounds of fact and law that gave rise to this decision, as well as the form and opportunity in which the person concerned may request the qualification by the Regional Board and the faculty to use this qualification before the National Board.
When the incapacity declared by one of the aforementioned entities (ISS, Colombian Pension Administrator-Pensions-, ARP, insurer or health promoter) is less than ten percent (10%) to the limits which qualify the status of invalidity, it will have to be made mandatory to the Regional Rating Board of Invalidity on behalf of the respective entity.
For cases of accident or common disease in which there is a favorable concept of rehabilitation of the Health Promotion Entity, the Pension Fund Administrator will postpone the qualification procedure of up to a maximum term of three hundred sixty (360) calendar days additional to the first hundred and eighty (180) days of temporary incapacity recognized by the Health Promoter Entity, event in which, with charge invalidity pension insurance and survival or social forecasting entity (a) the person who has been awarded the pension fund shall grant an allowance equivalent to the incapacity which the worker has been enjoying.
The Health Promotion Entities must issue this concept before the day one hundred and twenty (120) of temporary incapacity and send it before the day one hundred and fifty (150), to each of the Administration of Pension Funds where the worker is affiliated to whom the relevant concept is issued, as appropriate. Where the Health Promotion Entity does not issue the favourable concept of rehabilitation, if this is the case, it must pay a subsidy equivalent to the temporary incapacity after the initial one hundred and eighty (180) days starting from its own resources, until the corresponding concept is issued.
18 of Law 1562 of 2012. The new text is as follows: > Without prejudice to the provisions of this article, in respect of the qualification at first opportunity, it is up to the Regional Boards to qualify in the first instance the loss of work capacity, the state of _i_file and determine its source.
The National Rating Board is responsible for the resolution of the disputes that are submitted to the Regional Boards for their decision.
< *Text corrected in the terms of the statement C-458-15 > The rating will be performed based on the single manual for the qualification of invalidity, issued by the National Government, in force at the date of qualification, which shall contain the technical-scientific criteria for the assessment and qualification of loss of percentage work capacity by systems to a deficiency, disability and disabled that have generated sequels as a result of a disease or accident.
PARAGRAFO 1. For the selection of the members of the Regional and National Qualification Boards of Invalidity, the Ministry of Labor will take into account the following criteria:
The selection will be made by means of public and objective competition, the call of which must be made with no less than two (2) months before the date of the contest and will include the weighting criteria based on which the members of these bodies. The call shall be published in a medium of wide national dissemination.
Within the weighting criteria will include aspects such as minimum professional experience of five (5) years and a written examination of academic background on the use of the loss of capacity manual! (i_aj"> invalidity), which will be performed through an academic entity of recognized prestige. The results of the contest will be public and the members of the Boards will be appointed by the Minister of Labor, starting with those who obtain the highest score.
The conformation of the Regional Qualification Boards of Invalidity can be regionalized and the management of its resources will be regulated by the National Government in an equitable manner. The selection process for members of the invalidity qualification boards will be funded from the Professional Risk Fund resources<6 >.
PARAGRAFO 2. Social security entities, members of the Invalidity Regional and National Boards, and qualified professionals will be jointly and severally responsible for the opinions they produce harm to members or to the Administrators of the Integral Social Security System, when this is fully proven.
ARTICLE 42. NATURE, ADMINISTRATION AND OPERATION OF REGIONAL AND NATIONAL DISABILITY RATING BOARDS. 16 of Law 1562 of 2012. The new text is as follows: > Regional and National Qualification Boards of Invalidity are bodies of the Social Security System of the national order, of legal creation, attached to the Ministry " Working with legal personality, private law, non-profit, interdisciplinary, subject to tax review, with technical and scientific autonomy in the expert opinions, whose decisions are binding, without prejudice to the second instance corresponding to the National Board of Rating of Invalidity, in respect of regional and regulatory compliance determined by the Ministry of Labour.
It will be in accordance with the regulations determined by the Ministry of Labor, integration, operational management and financial, the terms in time and procedure for the issuance of opinions, operation and the inspection, surveillance and control of these aspects, as well as the regionalization of the country for the functioning of the Boards, fee scale to its members, operating procedures and replenishment resources and appeal.
PARAGRAFO 1o. Members of the National and Regional Invalidity Rating Boards shall be governed by this law and their regulations, act within the respective period and, if necessary, will remain in their posts until the new members are held for the corresponding period, will be appointed according to the regulations that for the effect issue the Ministry of Labor.
PARAGRAFO 2o. Social security entities and members of the Regional and National Boards of Invalidity and the professionals who qualify, will be jointly responsible for the opinions that make damages to the members or to the Administrators of the Integral Social Security System, when this is fully proven.
It is the obligation of the different actors of the Social Security Systems in Health and Occupational Risks to provide timely delivery of the required information and of which it is available to substantiate the qualification of the origin, among the entities competent to qualify the worker.
PARAGRAFO 3o. The Ministry of Labor must organize within six (6) months of the entry into force of this law, the structure and operation of the Invalidity Qualification Boards. as part of the Ministry of Labor structure.
ARTICLE 43. IMPEDIMENTS, RECUSAL AND SANCTIONS. 19 of Law 1562 of 2012. The new text is as follows: > The main and alternate members of the Regional and National Boards, in odd numbers, will be appointed, according to the regulations that issue the Ministry of Labor. Members shall be individuals who exercise a public function in the provision of such service and as long as they are part of the InvalidityQualification Boards, they may not have any connection, or carry out activities. related to the classification of the origin and degree of loss of the work capacity or administrative or commercial tasks in the Administrative Entities of the System Integral Social Security, nor with its management, surveillance and control.
The members of the Boards will be subject to the regime of impediments and recusal applicable to the Judges of the Republic, in accordance with the provisions of the Code of Civil Procedure and their processing will be carried out in accordance with the article 30 of the Administrative Contentious Code and, as to individuals exercising public functions, the Single Disciplinary Code applies to them.
PARAGRAFO 1o. Members of the National Board and those of the Invalidity Regional Qualification Boards do not have the character of public servants, do not pay salaries, or social benefits and only have the right to the fees established by the Ministry of Labour.
PARAGRAFO 2o. Members of the National Board and those of the Invalidity Regional Rating Boards will not be able to remain more than two (2) continuous periods.
ARTICLE 44. REVISION OF INVALIDITY PENSIONS. The status of invalidity may be reviewed:
a. At the request of the relevant Social Security or Social Security Institution every three (3) years, in order to ratify, amend or leave without effect the opinion which served as the basis for the settlement of the pension enjoyed by the beneficiary and to go to extinction, to decrease or to increase it, if there is a place.
This new opinion is subject to the rules of the previous articles.
The pensioner will have a period of three (3) months counted from the date of such request, to be submitted to the respective review of the status of invalidity. Except in cases of force majeure, if the pensioner does not present or prevent such a review within that period, the payment of the pension shall be suspended. After twelve (12) months from the same date without the pensioner being present or allowing the examination, the respective pension shall be prescribed.
To reacquire the right at a later time, the affiliate who claims to remain invalid must submit to a new opinion. The expenses of this new opinion will be paid by the affiliate;
b. Per application for the Pensioning at any time and at its cost.
ARTICLE 45. INVALIDITY PENSION REPLACEMENT ALLOWANCE. The affiliate who at the time of invalidating has not met the required requirements for the invalidity pension, shall be entitled to receive, in replacement, an indemnity equivalent to that which would have been in the case of the replacement of the old age pension, provided for in Article 37 of this Law;
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Last Updated: September 23, 2016
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