Key Benefits:
LAW 1139 OF 2007
(June 25)
Official Journal No. 46,670 of 25 June 2007
CONGRESS OF THE REPUBLIC
By means of which the "Convention of Social Security between the Republic of Colombia and the Republic of Chile", signed in Santiago, is approved, at nine (9) days of the month of December of the year two thousand three (2003).
COLPENSION Circular 8 of 2014; Num. 4.2
COLOMBIA CONGRESS
Having regard to the text of the Convention of Social Security between the Republic of Colombia and the Republic of Chile, " signed in Santiago, at nine (9) days of December of the year two thousand three (2003), which to the letter reads:
(To be transferred: photocopy of the full text of the International Instrument mentioned).
SOCIAL SECURITY AGREEMENT BETWEEN THE REPUBLIC OF COLOMBIA AND THE REPUBLIC OF CHILE
The Republic of Colombia and the Republic of Chile, encouraged by the desire to regulate their relations in the area of social security, have agreed:
GENERAL PROVISIONS.
1. The following expressions and terms have, for the purposes of the application of this Convention, the following meaning:
(a) "Legislation", laws, decrees, regulations and other provisions relating to the Social Security Regime, as referred to in Article 2or in force in the territory of each of the Contracting States and those in force at the date of causation of the right, for the purposes of Article 30, with the exceptions provided for in this Convention;
(b) "Competent Authority", in respect of Chile, the Minister of Labour and Social Welfare, and with respect to Colombia, the Ministry of Social Protection;
(c) "Competent Institution" means the Institution or Body responsible, in each case, for the application of the legislation referred to in Article 2or of this Convention;
d) " Pension ", any pecuniary benefit or allowance granted under the legislation of any of the Contracting States which includes all the supplements or increases applicable to them;
(e) "Insurance Period", any period recognized or considered as such by the legislation under which it has been fulfilled, valid for the granting of a pension;
(f) "Liaison Agency" means an institution designated by the respective Competent Authority in each Contracting State for the purpose of coordinating the application of this Convention between the Competent Institutions, as well as for reporting the person concerned with the rights and obligations arising therefrom;
g) "presumed pension". For the purposes of Articles 13, (d) and 16 of this Convention, the presumed pension to be reported by the Chilean Party, such as that pension likely that the beneficiary could obtain in Chile, in accordance with Chilean law, at the time of pension in Colombia.
2. The other terms or expressions used in the Convention have the meaning attributed to them by the legislation that applies.
ARTICLE 2o. MATERIAL APPLICATION BOTH
1. This Convention shall apply:
A) Regarding Chile, to the legislation on:
(a) The old-age, invalidity and survival pension system, based on individual capitalization;
(b) The old-age, invalidity and survival pension schemes, administered by the Institute for Occupational Standardisation, and
(c) Health benefit schemes, only for the purposes of the provisions of Article 21 of this Convention;
B) Regarding Colombia, to the legislation on:
(a) The economic benefits provided for in the General Pension System-Prima Media with Defined Benefit and Individual Savings with Solidarity-in terms of old age, invalidity and survivors, of common origin;
(b) Health benefits, only for the purposes of the provisions of Article 19 of this Convention.
2. This Convention shall also apply to legal provisions which, in future, supplement or amend those laid down in the preceding number, provided that the Competent Authority of one of the Contracting States does not communicate any objection within six months of the notification referred to in point (d) of Article 27 of this Convention.
3. The application of the rules of this Convention shall exclude the provisions contained in other bilateral or multilateral conventions concluded by one of the Contracting States in relation to the legislation referred to in No 1 of this Convention. Article.
ARTICLE 3o. PERSONAL APPLICATION FIELD
This Convention shall apply to persons who are or have been subject to the legislation referred to in Article 2or from one or both Contracting States and their beneficiaries:
The persons referred to in Article 3or residing in the territory of one of the Contracting States shall have the same obligations and rights as set out in the legislation of that Contracting State for their nationals.
ARTICLE 5o. EXPORT OF PENSIONS.
1. Pensions which are paid in accordance with the law of a Contracting State may not be subject to reduction, modification, suspension or retention by reason of the fact that the holder of the pension is in the territory of the other Status.
2. Pensions payable by one of the Contracting States to nationals of the other State, residing in the territory of a third State, shall be made effective in accordance with the same conditions and with the same extent as for the nationals residing in that third State.
PROVISIONS ON APPLICABLE LEGISLATION.
Except as provided for in Article 7or this Convention, the worker shall be subject to the law of the Contracting State in whose territory he or she exercises his or her employment.
1. The dependent worker who is employed in the territory of one of the Contracting States, who is sent by his employer to the territory of the other State to carry out temporary work, shall be subject to the legislation of the first State, provided that the foreseeable duration of the work does not exceed two years.
If, for unforeseeable circumstances, the duration of the work exceeds two years, the worker shall continue to be subject to the legislation of the first Contracting State for a further period of two years, provided that the Competent Authority of the second State of its compliance before the expiry of the first period.
2. The public official who is sent by one of the Contracting States to the territory of the other Contracting State shall continue to be subject to the legislation of the first State without a time limit.
3. The members of the staff of the Diplomatic Missions and the Consular Offices shall be governed by the provisions of the Vienna Conventions on Diplomatic Relations of 18 April 1961 and on Consular Relations of 24 April 1963. without prejudice to the provisions of paragraph 4 of this Article.
4. The administrative and technical staff and the members of the staff of the Diplomatic Missions and Consular Offices of each of the Contracting States, who are nationals of the certifying State, may choose between the application of the legislation of the state of credit or the law of the other State.
The option shall be exercised within three months of the entry into force of this Convention, or within three months of the date of initiation of the work in the territory of the State in which they operate.
5. The dependent worker who carries out his activity on board a vessel shall be subject to the legislation of the State whose flag the vessel is flying.
6. Workers employed in the work of loading, unloading, repairing ships, and in port surveillance services shall be subject to the legislation of the Contracting State to whose territory the port belongs.
7. Travelling staff at the service of air transport undertakings carrying out their business on the territory of the two Contracting States shall be subject to the law of the State in whose territory the undertaking has its principal place of business.
8. At the request of the worker or employer, the Competent Authorities of the two Contracting States may, by common accord, in the interests of certain workers or categories of workers, amend the special rules laid down in the above.
INVALIDITY, OLD AGE AND SURVIVAL PENSIONS.
IS PROVISIONS.
When the legislation of one of the Contracting States subordinates the acquisition, preservation or recovery of the right to benefits provided for in the legislation referred to in Article 2or Convention, in compliance with certain periods of insurance, the Competent Institution shall take into account for this purpose, where necessary, periods of insurance completed under the legislation of the other Contracting State, provided that it does not superpose.
ARTICLE 9o. DETERMINATION OF THE RIGHT.
With the exception of the provisions in Articles 18 and 20 numeral 1 of this Convention, the worker who has been successive or alternatively subject to the legislation of one and another Contracting State, for one year or more, shall be entitled to the pensions covered by this Title under the following conditions:
1. If the requirements laid down in the legislation of one or both Contracting States to acquire the right to pensions are met, the institution or the competent institutions shall apply their own legislation taking into account only those requirements. insurance periods completed under such legislation.
2. If the conditions required by the legislation of one or both Contracting States to acquire the right to pensions are not met, the competent institutions shall, with their own, the periods of insurance completed under the legislation of the another Contracting State. Where the aggregation of periods of insurance is completed, the requirements for entitlement to pensions shall be met for the calculation of the amount of the pension, the following rule shall apply in the following
.3. Each competent institution shall determine in accordance with its legislation and taking into account the aggregation of periods, if the person concerned fulfils the conditions required to obtain the pension. If yes, it shall determine the amount of the same to which the person concerned would be entitled, as if all the total periods had been completed under his own legislation and fixed the same in proportion to the periods completed exclusively under that legislation.
ARTICLE 10. SPECIFIC CONDITIONS FOR THE RECOGNITION OF THE RIGHT.
1. If the legislation of a Contracting State makes provision for the provision of pensions governed by this Title, provided that the worker has been subject to his legislation at the time of the event causing the benefit, the latter shall be subject to the condition shall be deemed to be fulfilled if at the time the worker is insured or receives a pension from the other State.
2. If the legislation of a Contracting State requires to obtain the pension, that they have been. If the person concerned is credited in the period immediately before the pension is granted, this condition shall be deemed to have been fulfilled if the person concerned does so in the period immediately preceding the date of the pension. another Party.
ARTICLE 11. DEATH ALLOWANCE OR FUNERAL AID.
In the event of the death of a pensioner from the two Contracting States which will cause the right to aid or assignment in both, the latter shall be recognised by the competent institution of the State in whose territory the pensioner resided in the time of death.
If the death takes place in the territory of a third country, the recognition of the right and payment shall be the responsibility of the Competent Institution of the Contracting State in whose territory it resided last.
ARTICLE 12. DETERMINING DISABILITY.
1. For the purpose of determining the reduction of the worker's capacity for the purposes of granting the corresponding pensions, the competent institution of each of the Contracting States shall carry out its assessment in accordance with its own legislation to which it is subject. The necessary medical examinations shall be carried out by the institution of the place of residence at the request of the Competent Institution.
2. For the purposes of the preceding number, the institution of the Contracting State in which the person concerned resides shall make available to the competent institution of the other Contracting State the medical reports and documents in its power.
3. In case the Colombian Competent Institution considers it necessary that in Chile medical examinations be carried out that are of their exclusive interest, these will be borne by the Colombian Competent Institution and will be financed according to the internal legislation.
4. In case the Chilean Competent Institution deems it necessary to carry out medical examinations in the Republic of Colombia, which are of their exclusive interest, they will be financed according to the internal law. In the case of workers affiliated to the Individual Capitalization System, the Chilean Competent Institution will reimburse the total cost of these examinations, requiring the person concerned the percentage to be charged. However, the Chilean Competent Institution may deduct the cost to the person concerned from the accrued pension, or from the balance of the individual capitalization account.
5. Where the new examinations are requested on the basis of a complaint lodged with the invalidity opinion issued in Chile, the cost of such examinations shall be financed in the form indicated in the preceding number, unless the complaint is filed. by a Chilean Competent Institution or an Insurance Company, in which case such expenses shall be financed by the claimant.
IMPLEMENTATION OF COLOMBIAN LEGISLATION.
ARTICLE 13. SETTLEMENT OF PENSIONS.
For the settlement of pensions in Colombia under this Convention, the following procedure shall apply:
(a) The amount of the pension to which the person concerned has been entitled shall be determined, as if all the periods of insurance total had been completed under his own legislation (theoretical pension);
(b) The amount of the benefit to be paid under this number, if applicable, shall be established by Colombia, applying to the theoretical pension, calculated in accordance with its legislation, the same proportion as between the period of insurance completed in that State and all periods of insurance completed in both Parties (pro-rata pension);
c) Prstation Unit. The benefit provided under this Convention shall be equal to the proportion of the time quoted in Colombia, considering that the worker could also obtain a pension for the years listed in Chile, according to the Chilean legislation;
d) Pension Minimum. The guarantee of Pension Minimum operates when the worker has fulfilled the required periods, with the corresponding total. If the sum of the amount of the Colombian pension and the presumed Chilean pension is less than a Colombian legal minimum wage, the worker will have the right to pay Colombia, the difference until the amount of the minimum pension is paid. Proportion of the time quoted in Colombia.
ARTICLE 14. STATUTORY BASIS OR BASE INCOME FOR THE SETTLEMENT OF PENSIONS.
To determine the settlement base income for the calculation of the benefits to be recognised in application of the provisions of Article 9or paragraph 2 of this Convention, the Competent Institution take the average of the wages or income on which the affiliate has been listed in Colombia during the ten years prior to the recognition or the average of the entire estimated time if this is lower.
ARTICLE 15. REDUCTION, SUSPENSION OR WITHDRAWAL OF THE PENSION.
The reduction, suspension or withdrawal clauses provided for by the Colombian legislation in the case of pensioners exercising an employment activity shall apply to them even if they exercise their activity in the territory of the other Party Contractor.
ARTICLE 16. COMPLIANCE WITH THE REQUIRED AGE.
In the event in which the Colombian party must start paying before Chile the corresponding pro rata, according to the provisions of Articles 9or 13 of the present Convention, to determine the right to guarantee of minimum pension in Colombia, will be considered the sum resulting from the Colombian pro rata and the amount of the presumed pension that it would correspond to pay to Chile, to the date of the granting of the pension Colombia. For these purposes, the Chilean Competent Institution shall report on the amount of that presumed pension, in accordance with the relevant Chilean legislation.
ARTICLE 17. TIMES WORKED OR QUOTED IN DIFFERENT ENTITIES.
When in Colombia, the recognition of the benefit is requested for the purposes of taking into account the time worked or quoted in different entities, it will be necessary for them to issue to the Competent Institution the corresponding bonus or title pensional.
ARTICLE 18. INDIVIDUAL SAVINGS SCHEME WITH SOLIDARITY.
1. The members of a Pension Fund Administrator will finance their pensions in Colombia with the balance accumulated in their pension savings account, and the additional sum in charge of the insurer, if there is a place. Where this is insufficient to finance pensions of an amount at least equal to the current statutory minimum wage, there will be a total amount of time to be computed according to article 9or, to access the benefit of minimum invalidity, old age or survivors ' pension.
2. Workers who are affiliated with the Individual Savings Regime with Solidarity in Colombia may voluntarily contribute as independent workers during the time they reside in Chile, without prejudice to the obligation of have to be listed for the character of dependent workers in that country.
ARTICLE 19. HEALTH FOR PENSIONERS.
Persons who receive old-age, invalidity or survivor's pensions under Chilean law and who are resident in Colombia must be incorporated into the Colombian health care system under the same conditions as the holders of pensions granted in accordance with Colombian legislation.
IMPLEMENTATION OF CHILEAN LEGISLATION.
ARTICLE 20. DETERMINATION AND CALCULATION OF PENSIONS.
1. Those affiliated with a Pension Fund Administrator will finance their pensions in Chile with the accumulated balance in their individual capitalization account. Where this is insufficient to finance pensions of an amount equal to that of the minimum pension guaranteed by the State, the members shall be entitled, if necessary, to the aggregation of periods of time in accordance with Article 9or to access the minimum old age or invalidity pension benefit. The same entitlement shall be equal to the beneficiaries of the survivor's pension.
2. For the purposes of determining compliance with the requirements that the Chilean legal provisions require in order to be placed in advance in the Individual Capitalization System, they will be considered as pensioners of the pension systems. administered by the Institute for Contingency Standards, the members who have obtained a pension in accordance with Colombian legislation.
3. Workers who are affiliated to the Individual Capitalization Pension System in Chile may voluntarily carry out pre-viewing contributions in this system as independent workers during the period of time. is resident in Colombia, without prejudice to the law of that country concerning the obligation to list. Workers who choose to make use of this benefit will be exempt from the obligation to make the contribution to the financing of health benefits in Chile.
4. Those affiliated with the pre-viewing regimes administered by the Institute for Contingency Normalization shall have the right to total periods of insurance in accordance with the provisions of Article 8or, in order to access the benefits as set out in the legislation applied to them.
5. Where the sum of the periods of insurance in both Contracting States exceeds the period laid down by the Chilean legislation in order to be entitled to a full pension or a minimum pension, as appropriate, the years in excess shall be discard for the purposes of the calculation of the pension.
6. In the cases referred to in the preceding numbers 1 and 4, the Competent Institution shall determine the right to the Chilean pension as if all periods of insurance had been completed in accordance with its own legislation and, for the purposes of its payment, calculate the part payable by it as the ratio between the periods of insurance completed exclusively under that legislation and the total number of years required corresponding to the Chilean legislation.
7. In the case of minimum pensions which are the responsibility of the Institute for Occupational Normalisation, the determination of the right to such pensions shall be made in the manner provided for in the preceding paragraph and, for the purposes of payment, the calculation shall be made on the basis of the the proportion between the periods of insurance completed exclusively in Chile and the total number of insurance periods recorded in Chile and Colombia.
ARTICLE 21. HEALTHCARE DELIVERY FOR PENSIONERS.
Persons who receive old-age, invalidity or survivor's pensions under Colombian law and who reside in Chile shall have the right to join the Chilean health care system under the same conditions as the pension holders granted in accordance with Chilean law.
MISCELLANEOUS PROVISIONS.
ARTICLE 22. PENSION ADJUSTMENT.
The pensions recognised by application of the rules of this Convention shall be adjusted at the same frequency and in the same amount as the benefits recognised under the respective domestic legislation.
ARTICLE 23. SUBMITTING REQUESTS, CLAIMS, AND OTHER DOCUMENTS.
Applications, declarations, resources and other documents which, for the purposes of the application of the law of a Contracting State, must be submitted within a specified period to the Competent Authorities, Liaison Bodies or Competent institutions of that State shall be considered as having been presented to it if they have been within the same period before the Competent Authorities, Liaison Bodies or corresponding Competent Institutions of the other State. In this case, the entity in which they are submitted, shall forward such requests, declarations or appeals to the entity of the first State, either directly or through the Liaison Agencies, as appropriate. The date on which such requests, declarations or appeals have been filed with one of those entities of the other Contracting State shall be considered to be the date of filing with the entity having jurisdiction to hear them. same.
ARTICLE 24. MUTUAL ASSISTANCE AND ADMINISTRATIVE COLLABORATION.
1. All the institutions defined in Article 1or of this Convention undertake to provide mutual assistance and cooperation for the implementation of this Convention.
2. Such competent institutions of the Contracting States may request, at any time, medical examinations, facts or acts which may result from the acquisition, modification, suspension, extinction or preservation of a benefit.
3. The diplomatic and consular authorities of the Contracting Parties may represent, without special government mandate, their own nationals before the institutions referred to in paragraph 1 of the other Contracting Party, at the express request of the persons concerned for the sole purpose of speeding up the granting of medical or pecuniary benefits, without including their perception. In the case of individual capitalization systems of both contracting parties, no such representation shall be accepted for the purposes of the selection of the pension scheme by which the affiliate chooses.
1. The benefits of exemption or reduction of taxes or taxes of a national nature, which one of the Contracting States grants to documents or certificates issued by its own institutions for the purposes of the recognition of pensions, grant certificates or documents issued by the institutions of the other Contracting State.
2. All administrative acts and documents, which are issued by an institution of a State for the implementation of this Convention, shall be exempted from the requirements of legalisation or other special formalities for use by the Institutions of the other State.
Benefits may be paid by the Competent Institution of a Contracting State to a person residing in the other State, in the currency of any of the Contracting States or in United States Dollars, at the rate of change in effect to the date of sending the payment document to the other country.
ARTICLE 27. POWERS OF THE COMPETENT AUTHORITIES.
For the implementation of this Convention, the Competent Authorities of the Contracting States shall:
a) Holding Administrative Agreements;
b) Designate Link Bodies;
(c) Communicating the measures taken at internal level for the implementation of this Convention;
d) Any modification of the legislation indicated in Article 2or;
e) To loan their good offices and the widest technical and administrative collaboration.
ARTICLE 28. DISPUTE RESOLUTION.
1. The competent authorities shall, by direct negotiations, resolve differences in the interpretation of this Convention and its Administrative Agreements.
2. If a dispute cannot be resolved by direct negotiations within a period of six months from the first request for negotiation, it shall be submitted to a Arbitration Commission, the composition and procedure of which shall be common agreement between the Contracting States. The decision of the Arbitration Commission will be mandatory and final.
TRANSIENT PROVISIONS.
ARTICLE 29. COMPUTATION OF PERIODS PRIOR TO CONVENTION VALIDITY.
The periods of insurance completed under the law of a Contracting State before the date of entry into force of this Convention shall be taken into consideration for the determination of the right to pensions to be recognised under of the same.
ARTICLE 30. FACTS PRIOR TO THE CONVENTION ' S VALIDITY.
1. The application of this Convention shall confer the right to pensions for contingencies occurring before the date of entry into force of this Convention. However, the payment of the same shall not be made for periods prior to the entry into force of the Convention.
2. The application of this Convention may review cases of contingencies occurring prior to the date of its entry into force, taking into account what is indicated in the preceding number.
3. For the purposes of this Article and for the Colombian case, the legislation in force at the time of occurrence of the operative event for the benefit or pension shall apply, with the exceptions indicated:
a) When the worker or his/her beneficiaries are already receiving a pension;
(b) Cases where the worker or his/her beneficiaries have received a single payment benefit of any kind;
(c) Events in which the definition of the right has been made in the case of court decisions or by mutual agreement of the parties.
FINAL PROVISIONS.
1. This Convention shall be concluded for an indefinite period. It may be denounced by any of the Contracting States. The complaint shall be notified at least six months in advance of the termination of the calendar year in which it is issued, in which case it shall cease to be effective at the end of that year.
2. In the event of termination, and notwithstanding the restrictive measures which the other Contracting State may provide for cases of residence abroad of a beneficiary, the provisions of this Convention shall apply to the rights of the acquired under cover of the same.
3. The Contracting States shall agree to the provisions guaranteeing the rights under way of acquisition, arising from periods of insurance, completed prior to the date of termination of the Convention.
This Convention shall enter into force on the first day of the third month following that in which both States have been notified in writing of the fulfilment of the necessary Constitutions and legal requirements for their entry into force.
IN FE OF THE CUAL, the duly authorized representatives sign this Convention.
Subscribed in Santiago, at nine (9) days of the month of December of the year two thousand three (2003), in two copies written in Spanish, being both texts equally authentic.
By the Republic of Colombia,
CAROLINA BOAT,
Minister of Foreign Affairs.
By the Republic of Chile,
MARIA SOLEDAD ALVEAR VALENZUELA,
Minister of Foreign Affairs.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., to 1 October 2004
Approved. Submit to the consideration of the honorable National Congress for Constitutional Effects.
(Fdo.) ALVARO URIBE VELEZ
The Foreign Minister,
(FDO.) CAROLINA BOAT ISAKSON.
DECRETA:
ARTICLE 1o. Approve the "Social Security Agreement between the Republic of Colombia and the Republic of Chile", signed in Santiago, at nine (9) days of the month of December of the year two thousand three (2003).
ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7a of 1944, the "Convention of Social Security between the Republic of Colombia and the Republic of Chile", signed in Santiago, at nine (9) December of the month of December of the year two thousand three (2003), which by article 1or of this law is approved, will force the country from the date on which the international link with respect to it is perfected.
ARTICLE 3o. This law governs from the date of its publication.
The President of the honorable Senate of the Republic,
DILIAN FRANCSCA TORO TORRES.
The Secretary General of the honorable Senate of the Republic,
EMILIO RAMON OTERO DAJUD.
The President of the honorable House of Representatives,
ALFREDO APE NECK BAUTE.
The Secretary General of the honorable House of Representatives,
ANGELINO LIZANO RIVERA.
COLOMBIA-NATIONAL GOVERNMENT
Communicate and comply.
Execute, upon revision of the Constitutional Court, in accordance with article 241-10 of the Political Constitution.
Dada in Bogotá, D. C., at 25 June 2007.
ALVARO URIBE VELEZ
The Foreign Minister,
FERNANDO ARAUJO PERDOMO.
The Minister of Social Protection,
DIEGO PALACIO BETANCOURT.
