Key Benefits:
1999 ACT 516
(August 4)
Official Journal No. 43,656 of 5 August 1999
LEGISLATIVE BRANCH POWER
By means of which the "Ibero-American Social Security Code" is approved,
unanimously agreed at the "Meeting of Ministers-Maximum Responsible for Social Security of the Ibero-American Countries", held in Madrid (Spain) on 18 (18) and 19 September (19) Ninety-five (1995).
COLOMBIA CONGRESS
Having regard to the text of the "Ibero-American Social Security Code", unanimously agreed at the "Meeting of Ministers-Top Social Security Officers of the Ibero-American Countries", held in Madrid (Spain) on 18 and 18 Nineteen (19) September of a thousand nine hundred and ninety-five (1995), which to the letter says:
(To be transcribed: photocopy of the full text of the international instrument mentioned, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs).
IBERO-AMERICAN SOCIAL SECURITY ORGANIZATION
General Secretariat
IBERO-AMERICAN SOCIAL SECURITY CODE
PART FIRST
FUNDAMENTALESS PRINCIPLES
1. The Code recognizes Social Security as an inalienable right of the human being.
2. This right is conceived as a guarantee for the attainment of the well-being of the population, and as a factor of permanent integration, stability and harmonious development of society.
It is an undeclinable responsibility of the ratifying states to establish social protection programs that tend to guarantee to the population their right to social security whatever the model of institutional organization, the ways of management and the financial regime of the respective protective systems which, depending on their own historical, political, economic and social circumstances, have been chosen.
1. The Code aims to contribute to the well-being of the population of the States of the Union and to promote the social and economic cohesion of the States at international level.
2. Its precepts require the satisfaction of the minimum social security requirements and the commitment of the States to the progressive improvement of the same.
1. Each of the ratifying States undertakes to progressively raise the minimum level of Social Security initially assumed, in accordance with the provisions of Article 25 of this Code.
2. Similarly and achieved the minimum levels of protection referred to in article 25 of this Code, each of the ratifying States undertakes to strive, according to its possibilities, to raise progressively these levels of protection.
Compliance with that commitment to progressiveness must be assessed globally, and not for each of the various benefits referred to in Part II of this Code separately.
Circumstantial regressions of some or some of the benefits may be offset by higher-intensity progress in others, with no regressions below the minima laid down in the regulated services in the various Sections of Part II, in the terms outlined in Article 25 of this Code.
1. The contribution of the Code to the social and economic cohesion of the ratifying States is configured as an objective compatible with their respective national diversities, understood as a plural expression of the same cultural and historical root.
2. In any case, its rules are a direct support for the ongoing processes of integration of national economies through the convergence of objectives in the field of social benefits.
1. The content and scope of the minimum social benefits provided for in the Code are laid down in compliance with the rules of other instruments of universal social law.
2. The reception of such rules is made by adapting them to the particular incidence in the Ibero-American sphere of the social needs that are contemplated.
3. The rules of the Code are interpreted in accordance with those of the International Social Law referred to in No 1.
The estimates of coverage of minimum obligations should assess the effects that, on the social needs in each case considered, may result from the confluence of other protective institutions.
The States ratify the Code, which aim at the gradual granting of sufficient benefits to enable them to overcome the various contingencies and risks that may occur, considering, as well, that in the The nature of the benefits must be taken into account.
The right to social security must be progressively extended to the entire population, without discrimination for personal or social reasons.
1. For the determination of Social Security minimums in Latin America, the Code provides preferential attention to the impetus, within the possibilities of each country, of the actions necessary for the effective development of the right to health, especially in the preventive and primary care areas.
2. Similarly, the Code is intended as a priority objective, in the form of contributions, to make the principles of income substitution and the guarantee of purchasing power effective, so that economic benefits are guaranteed. relationship to the contribution made.
3. The articulation of social services programs facilitates the fulfillment of the goals of Social Security oriented to the development and promotion of the human being, to the social integration of the marginalized people and to the prioritization of actions directed to the most vulnerable sectors of the population.
1. The States ratify the proposal for the introduction of supplementary protection mechanisms for general social protection schemes which provide incentives for savings for the benefit of the forecast.
2. The combination of general and complementary schemes facilitates the achievement of the objectives of development and social progress policies.
1. The right to social security is based, among others, on the principle of solidarity.
2. Minimum universal coverage, in accordance with the requirements laid down by national laws and practices, requires the solidarity of all members of the community.
Only selective, contributory financing and income-replacement services support the application of partial solidarity, without prejudice to the allocation of general State resources to these benefit schemes. selective under the conditions to be determined.
3. The States ratify a policy of financial rationalisation of social security based on the logical connection between the various protective functions of the social security system, the extension of solidarity according to its addressees, and the compensatory or substitute income for their benefits, which is consistent with the economic capacity of the framework in which it is to operate and based on the appropriate balance between revenue and expenditure and correspondence, global terms, between the funding capacity and the protection granted.
1. The aims and means of economic and social protection policies must be made compatible, by means of a joint consideration of both in order to promote welfare.
2. The financing of the protective action must take into account the characteristics and political, economic and social conditions in force in each State.
3. The close relationship between the financing of the contributory forms of protection, obtained through contributions and employment policies, is recognised as well as the desirability of reconciling both.
4. The states ratify the aid limitations imposed by the economic conditions, but they also warn of the possibilities offered by a balanced policy of redistribution of national income in order to satisfy the basic social needs.
5. The integration of economic and social protection policies is necessary to promote economic development itself.
1. The protective effectiveness of the social security systems depends, in large part, on the coordination of the various social protection programmes which are closely linked to each other in order to ensure more rational coverage. and effective of the various needs.
2. The ratifying States are inclined to favour the progress of the idea of institutional and operational coordination of branches, regimes, techniques and levels of social protection.
Effectiveness in the management of social security requires the permanent approach of a goal of modernization of its forms and means of management, which incorporates the analysis of its operational costs and the application of advanced instruments and management methods, balanced and supported in human resources subject to constant training programmes.
Ratifying states, whatever the organizational and institutional model adopted, will lead to management supported by the principles of efficiency, simplification, transparency, deconcentration, responsibility and participation. social.
1. The ratification states stress the need to promote the study and forecasting of socio-economic and demographic factors that influence social security, and to establish multi-annual plans for the activities to be undertaken. develop during several budgetary years.
2. They also consider that the following measures ensure appreciable progress in the administration of systems.
(a) The integration and systematization of the legal texts applied, simplifying and clarifying their precepts.
b) The improvement of the general knowledge of Social Security and its institutions by users, in particular with regard to the right to benefits and the destination assigned to the funds collected.
(c) The expansion of the means of direct contact with users, facilitating their access to administrative services, and the use of modern communication techniques directed not only to those but also to public opinion in In order to foster sensitivity to social security and its social appreciation.
d) Taking into consideration as a method to assess quality, the opinion of beneficiaries on the services and benefits they receive, and
e) The establishment of effective methods of affiliation and collection and the rigorous administration of available resources.
1. The guarantee of individual rights of social security must have sufficient legal and institutional mechanisms.
2. Procedures for the processing and recognition of benefits should be speeded up and mechanisms should be strengthened to allow greater control of the strict compliance with obligations.
3. They should be regulated, in accordance with national law and practice, with complaints and redress procedures through which the parties concerned can challenge the decisions of the social security management bodies.
The states ratify, in accordance with their national practices, will promote social participation mechanisms in social security.
1. The objective of convergence of social security policies should facilitate the coordination of the respective laws in their concurrent, successive or simultaneous application to the case of migrant workers.
2. To this end, the ratifying States undertake to draw up an Additional Protocol to the Code concerning the Social Security of workers moving within their borders, and to that of their families.
The purpose of legislative coordination, as well as the convergence of protective policies, motivates the signatory States to commit to the elaboration and, where appropriate, approval, of an Additional Protocol, containing a proposal of Ibero-American list of occupational diseases.
1. The ratification states agree on the need to establish international means and procedures capable of ensuring the effectiveness of the Code.
They also agree on the usefulness of taking as many measures as possible to facilitate the interpretation and application of their precepts, and to seek the development of their minimum principles and rights.
2. To this end, Chapter I of the Third Party establishes appropriate procedures and organs for the control of its implementation by the ratifying States, and assigns functions of support to specialized international organizations.
PART SECOND
MINIMUM SOCIAL SECURITY STANDARD
CHAPTER I
General provisions
1. For the purposes of this Code:
(a) The expression "phase of personal progressive implementation" means the percentage of persons with regard to certain categories of employed workers, of economically active population or, where appropriate, of the population, which each State, according to the it has assumed and at least undertakes to provide cover in respect of each of the benefits referred to in Sections II to Tenth of this Code;
(b) The expression "quantitative level of benefit" means the amount of the economic benefits referred to in the Third, Fourth, Fifth, Sixth, Eighth, Ninth and Tenth Sections of this Code, which each State, according to the level of assumed, commits at least to recognize;
(c) The term "salaried worker" means a worker who performs his or her activity as a dependency on another person and for which he receives a salary;
d) the term "economically active population" means all employees, the unemployed and the independent workers in terms of the latter, who provide for legislation and practice; national;
e) The expression "person in a state of widowhood" designates the surviving spouse who was in charge of the other spouse at the time of death;
f) The term "child in charge" designates a child in the age of compulsory school attendance or who is up to 15 years of age, according to national legislation and practices.
(g) The term 'qualification period' means a period of contribution, a period of employment, a period of residence or any combination thereof, as provided for in national law and practice.
2. For the purposes of Sections II (health care), Sixth (health care by accident at work and occupational disease) and Eighth (maternity health care), all of them from Chapter II of this Part II, the term 'benefits' means benefits in the form of assistance or indirect benefits consisting of a reimbursement of expenses incurred by the person concerned, in accordance with the management model which each State has established.
1. Any State for which this code is in force must:
a) Apply:
i) The First Part.
(ii) Chapter I of Part II.
(iii) Section 1 of Chapter II of Part II.
(iv) Sections II (health care) and Third (old age), compulsory acceptance, and two other optional Sections, chosen by the Member State, from among the Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, 10th and Eleventh Sections, all of them to Chapter II of Part II.
v) The Third Party;
b) In addition to the mandatory acceptance of Sections II and III, specify in the ratification which are, from the Fourth to Eleventh Sections, those in respect of which it accepts the obligations of this Code.
2. Any State, at the time of ratification of this Code, shall specify in which stages of progressive personal application, in respect of persons protected, it accepts Sections II to Tenth of Chapter II of Part II. You will also specify in which of the various quantitative levels of capability you accept items 30 to 32 of this Code.
The quantitative levels of benefit referred to in Articles 30 to 32 of this Code are cumulative to the phases of personal progressive application, in respect of protected persons, contained in Sections II to Decima of Chapter II of this Part II. In this regard, the acceptance, in its various stages of progressive personal application, of any of the Second to Tenth Sections of Chapter II of this Part, may be combined, at the choice of the State itself, with the acceptance of any of the quantitative levels of benefit referred to in Articles 30 to 32 of this Code.
3. The accreditation that the State fulfils the commitments arising from the various quantitative levels of benefit in which the First Section has been accepted or the commitments arising from the various stages of progressive personal implementation in which the the Second and Third Sections of compulsory acceptance have been taken and the other Sections of voluntary acceptance, all of them of Chapter II of this Part II, shall be made on the date of surrender of the first Memory to which the 112 and following items in this Code.
1. Any State that has ratified this Code, regardless of the obligations assumed at the time of the initial ratification, shall:
(a) To extend, within two years of the initial ratification of the Code, the scope of application of the Code, the State being able to choose to force itself to a new Section or to a new phase of progressive personal application, as far as the persons concerned are concerned protection, in respect of the previously assumed Sections.
The accreditation of compliance with the commitments of the new obligations assumed, as referred to in the preceding paragraph, shall be made at five years from the date on which they have effects;
(b) Proceed, at five years from the date on which the new obligations assumed referred to in point (a) above, extend the scope of the Code, and may choose the State between, to be obliged to a new Section or a new phase of personal progressive implementation, with regard to protected persons, with respect to the Sections already assumed.
The accreditation of compliance with the commitments of the new obligations assumed, as referred to in the preceding paragraph, shall be carried out at five years from the date on which they have effects.
2. The obligations of progressive extension of the content assumed in the Code, in the terms set out in the preceding number 1, shall cease when the State has undertaken to apply the two compulsory Sections and at least two other Sections optional, as referred to in paragraph (iv) (a), number 1, of Article 24 of this Code, all of which, as regards protected persons, in the second phase of personal progressive implementation, without prejudice to the provisions of the following Article.
When the State, meeting the obligations contained in Articles 24 and 25 of this Code, and in accordance with the provisions of the article 128, you have voluntarily extended the accepted benefit quantitative levels of items 30 to 32, the assumed Sections, from between the optional Sections of Chapter II of Part II or, where appropriate, the various stages of progressive personal application, in respect of protected persons, of Sections II to Tenth of Chapter II cited, the accreditation of the fulfilment of the commitments of such derivatives shall be made at five years, counted from of the date on which the new obligations assumed are to have effect.
When for the purposes of compliance with any of the Second to Tenth Sections of Chapter II of Part II, which have been mentioned in the ratification, a State is obliged to protect established categories of persons who, in total, they constitute at least a certain percentage of employed workers, of economically active population or of the total population, or is obliged, in respect of protected persons, to satisfy economic benefits which, constitute a percentage of the reference module used, depending on the levels the quantity of benefit referred to in Articles 30 to 32 of this Code, that State shall ensure that the corresponding percentages have already been reached or which is expected to be reached on the dates referred to, respectively, in Article 24, points (a) and (b), in Article 25 1) or in Article 26, all of them in this Code, before committing to comply with the relevant Section.
CHAPTER II
CAPABILITIES
First Section
Common Provisions
The State that has ratified this Code will establish the financing arrangements for the corresponding benefits, in accordance with the provisions of national legislation and practices.
In accordance with the guidance contained in Article 13 of this Code, funding for the various benefits will be provided:
(a) That the same is framed within the corresponding economic policies, while considering their impact on the generation of employment;
(b) Social contributions are essentially devoted to the financing of contributory benefits, while non-contributory contributions are financed through general contributions;
c) That the necessary balance between contribution and benefit be established.
1. In the case of contributory pensions, except where national legislation lays down different requirements and procedures for the calculation of the benefit, the initial amount of the periodic payments shall be calculated on the basis of the the quantity of benefit in which this Section is accepted, as provided for in the following numbers:
2. In the case of old-age and invalidity pensions, where the requirements laid down in Article 50 1) or, where applicable, the number 1 of Article
a) First level:
The 30 per 100 of the reference module used.
b) Second level:
The 40 per 100 of the reference module used.
c) Third level:
50 per 100 of the reference module used.
3. As regards pensions in favour of the person in the state of widowhood and of the dependent children, arising from accidents at work or occupational diseases, as well as in respect of pensions in favour of the persons indicated, arising from a non-work accident or common disease, where, in the latter cases, the requirements referred to in Article 103 1) of this Code are met, the initial amount of the set of benefits in favour of the person in a state of widowhood and of the dependent children shall be:
a) First level:
The 30 per 100 of the reference module used.
b) Second level:
The 40 per 100 of the reference module used.
c) Third level:
50 per 100 of the reference module used.
4. For the purposes of applying the provisions, in the preceding numbers, the reference module shall be taken as a reference module, subject to quotation or tax, in the contingency in question, corresponding to the qualifying period which, in accordance with the provide for national legislation and practices to be taken for the calculation of the respective benefit.
In the case of certain categories comprising non-salaried persons, the reference module shall be the revenue subject to the contribution or the tax, in the contingency in question, corresponding to the qualifying period which, in accordance with the provisions of national law and practice, to be taken for the calculation of the respective benefit.
5. In any case, once the percentages indicated in numbers 2 and 3 of this article on the relevant reference module, as specified in the previous number 4, have been applied, national legislation and practices may establish ceilings for the amount of benefit to be received by the beneficiaries.
1. In the case of financial benefits of a contributory nature, which are not in the form of a pension, with the exception of unemployment benefits and family benefits, the initial amount of the periodic payments shall be at least:
a) First level:
The 40 per 100 of the reference module used.
b) Second level:
50 per 100 of the reference module used.
c) Third level:
The 60 per 100 of the reference module used.
2. In the case of economic benefits of a contributory unemployment nature, the initial amount of the periodic payments shall be at least:
a) First level:
The 20 per 100 of the reference module used.
b) Second level:
The 30 per 100 of the reference module used.
c) Third level:
The 40 per 100 of the reference module used.
3. For the purposes of applying the provisions of the preceding numbers, the reference module shall be the salary subject to quotation or tax, in the contingency in question, corresponding to the qualifying period which, in accordance with the provide for national legislation and practices to be taken for the calculation of the respective benefit.
In the case of certain categories which comprise non-salaried persons, the reference module shall be made as a reference module for the income subject to the contribution or the tax, in the contingency concerned, for the qualifying period which, in accordance with the provisions of national law and practice, is taken for the purposes of calculating the respective benefit.
4. In any case and once the percentages indicated in the number 1 of this article on the relevant reference module, as specified in the previous number 3, have been applied, national legislation and practices may set limits the amount of the benefit to be received by the beneficiaries.
1 With regard to non-contributory economic benefits, the initial amount of the periodic payments shall be at least:
a) First level:
The 20 per 100 of the reference module used.
b) Second level:
The 30 per 100 of the reference module used.
c) Third level:
The 40 per 100 of the reference module used.
2. For the purpose of determining compliance with the provisions of the preceding number, the minimum wage or other established objective parameter shall be taken as a reference module in accordance with the provisions of national law and practice.
The amounts of economic benefits and, in particular, of pensions, will be reviewed periodically, when sensitive variations in the cost of living occur, also taking into account the economic situation and national practices.
1. The Member States shall organise the arrangements for the management of the benefits laid down in this Part, in accordance with the provisions of national law and practice.
2. Where the management of the same is carried out by private entities, the necessary mechanisms and controls shall be established by the public authorities to ensure the rights of the persons concerned.
Section Second
Healthcare
For the mandatory compliance of this Section, any State that has ratified the Code undertakes to develop its health services, so that, with the progressiveness that is necessary and according to the economic possibilities of each The health benefits of the moment and the development of the care capacity of the country tend to be configured as universal benefits in favor of the population by integrally contemplating the aspects related to the prevention and the assistance for the disease and the rehabilitation of its aftermath.
This Section of the Code will be understood when protected persons, depending on the phase of personal progressive implementation in which the Code is accepted, understand:
a) First Phase:
(i) To certain categories of salaried workers who, in total, constitute at least 40% of all employees and, where national legislation and practices are concerned, to spouses and children to the position of the members of these categories.
ii) or to certain categories of the economically active population which, in total, constitute at least 30 per 100 of the entire economically active population, as well as national legislation and practices, to the spouses and to the children in charge of the members of these categories.
b) Second Phase:
1o) To certain categories of salaried workers who, in total, constitute at least 50 per 100 of all salaried workers, as well as national legislation and practices, to spouses and children to position of the members of these categories.
ii) or to certain categories of the economically active population which, in total, constitute at least 40 per 100 of the entire economically active population, as well as national legislation and practices, to the spouses and to the children in charge of the members of these categories.
(iii) or to certain categories of the population which, in total, constitute at least 30 per 100 of the population.
c) Third Phase:
(i) To certain categories of salaried workers who, in total, account for at least 60% of all salaried workers, as well as national legislation and practices, to spouses and children to position of the members of these categories.
ii) or to certain categories of the economically active population which, in total, constitute at least 50 per 100 of the entire economically active population, as well as national legislation and practices, to the spouses and to the children in charge of the members of these categories.
(iii) or to certain categories of the population which, in total, constitute at least 40 per 100 of the population.
Any State shall ensure that protected persons are granted access to preventive, curative or rehabilitation health benefits in accordance with the following Articles.
Healthcare, provided in accordance with the foregoing articles, shall be intended to promote, preserve, restore or improve the health status of protected persons, as well as their suitability for work and to do so. in the face of their personal needs, thus contributing to improve their quality of life.
The benefits offered must protect the contingencies related to any kind of morbid state, whatever its cause and in any stage of its evolution. Likewise, the contingencies arising from pregnancy, childbirth and its consequences will be protected.
Health benefits, which must be guaranteed access, will include:
a) In relation to morbid states, as set out in Article 39 of this Code:
i) General medical care.
ii) Assistance by specialists in hospitals or out of them to people hospitalized or not.
iii) The provision of essential pharmaceutical products, prescribed by doctors or other qualified professionals, in accordance with national legislation and practices.
iv) Hospitalization, when necessary.
b) In case of pregnancy, childbirth and its consequences:
i) prenatal care, delivery assistance, and care delivery.
ii) Hospitalization, when necessary.
beneficiary or his/her family may participate in the expenditure of the health care received, in accordance with the provisions of national legislation and practices. Such participation shall not mean a charge of magnitude such as to make it difficult to access the benefits offered.
The health care referred to in Article 40 of this Code shall be ensured, in the contingency covered, at least to the protected persons who have complied with the qualifying period (a) consider it necessary and when provided for by national law and practice, to the spouses and to the children in charge of the protected persons who have completed that period.
The benefits referred to in Article 40 of this Code may be conditional, in the case of spouses and children in charge of persons falling within specified categories, to not be entitled by themselves and by virtue of another title to benefits of the same kind.
1. The benefits referred to in Article 40 of this Code shall be granted during the course of the covered contingency, but in the case of a morbid state, the duration of the benefit may be limited, in accordance with the provisions of national law and practice, but without such a limit being less than 15 weeks.
In the same way, the provisions allowing for the extension of the limit referred to in the preceding paragraph, in the case of diseases for which, in accordance with the provisions of national legislation and practices, should be adopted, the need for longer assistance has been recognised.
2. By way of derogation from the preceding number, benefits may not be suspended for as long as a sickness benefit is continued.
States will organize their health services, according to their national practices. However, the adequacy of the means in which the assistance is provided shall be ensured, in the case of means other than general health services made available to the beneficiaries by the public authorities or by other bodies, public or private, recognised by public authorities.
Third Section
Old-age benefits
For the mandatory compliance of this Section, any State that has ratified the Code must guarantee to the protected persons the granting of benefits for old age, in accordance with the following articles.
1. The contingency covered will be survival beyond a certain age.
2. The age for access to benefits for old age must not exceed 65 years, unless the Member States set a higher age taking into account the working capacity and life expectancy of the elderly in the country where they are treat.
This Section of the Code will be understood when protected persons, depending on the phase of personal progressive implementation in which the Code is accepted, understand:
a) First Phase:
(i) To certain categories of salaried workers who, in total, constitute at least 40 per 100 of all employees.
(ii) or to certain categories of the economically active population which, in total, constitute at least 30 per 100 of the entire economically active population.
b) Second Phase:
(i) To certain categories of employees who, in total, constitute at least 50 per 100 of all employees.
(ii) or to certain categories of the economically active population which, in total, constitute at least 40 per 100 of the entire economically active population.
(iii) or to certain categories of the population which, in total, constitute at least 30 per 100 of the population.
c) Third Phase:
(i) To certain categories of salaried workers who, in total, account for at least 60 per 100 of all employees.
(ii) or to certain categories of the economically active population which, in total, constitute at least 50 per 100 of the entire economically active population.
(iii) or to certain categories of the population which, in total, constitute at least 40 per 100 of the population.
1. Where the protection includes certain categories of employees or categories of the economically active population, the benefit shall be a periodic payment calculated in accordance with the provisions of Article
2. Where the protection includes certain categories of the population whose resources during the contingency do not exceed the limits laid down by national law and practice, the benefit shall be a calculated periodic payment, in accordance with article 32 of this Code.
1. The provision referred to in Article 49 of this Code shall be ensured, in the contingency covered and in the appropriate amount, at least to the protected persons who have complied, prior to the contingency and in accordance with the provisions of national law and practice, a qualification period which shall not exceed 40 years of contribution or of employment or of forty years of residence.
2. Where the benefit referred to in Article 49 1) of this Code is conditional on the fulfilment of a minimum period of contribution or contribution, a reduced amount shall be guaranteed at least: protected persons who have complied, prior to the contingency and in accordance with the provisions of national law and practice, for a period of 20 years of contribution or employment.
