ARTICLE 2o. Add a new article to Chapter V to Title IV to Book I of the 1993 100 Act, which will remain so:

" Article 151B. Family Pension in the Individual Savings Regime with Solidarity. Those who meet the requirements to acquire the right to return balances in the individual savings system with solidarity, that is, they meet the required age by law and the accumulated amount is insufficient to access a pension In the case of old age, they may opt for the family pension on a voluntary basis, where the accumulation of capital between the spouses or permanent partners is sufficient to apply for the recognition of the old-age pension.

In case the capital is insufficient, the two-week quotation will be added to determine whether they can access the Minimum Pension Guarantee Fund, as set out in the article 65 of the 100 Act of 1993.

(a) The spouses or permanent partners must be affiliated with the Individual Savings Regime with Solidarity and credit for more than five (5) years of conjugal relationship or permanent coexistence. This conjugal relationship or permanent cohabitation must have started before you have served 55 years of life each

(b) The spouses or permanent partners must be affiliated with the same Pension Fund Administrator (AFP). In case they are in different Administrators, the resources must be transferred to the AFP where the spouse or the permanent member (a) is affiliated. The National Government shall regulate the relevant for the transfer of such contributions;

(c) The spouses or permanent partners, in the individual savings scheme with solidarity, must add the necessary capital to obtain a pension that allows them to cover that family group. For this purpose, all the pension bonus and the pension bonus shares to which each of them are entitled must have already been paid. In a subsidiary manner and in the event that the accumulation of capital of the spouses or permanent partners is not sufficient to finance a pension, the weeks of contribution may be added for the purposes of meeting the requirement of weeks. required by this law to access the minimum pension guarantee. In any case, the resources of the Minimum Pension Guarantee Fund will be affected only and once the resources of the individual accounts of the spouses or permanent partners are exhausted;

d) For the purposes of the contribution to the Social Security System in Health, the holder of the family pension must be affiliated and quote according to the provisions of Article 204 of the Law 100 of 1993. The spouse or permanent partner will be a beneficiary of the System;

e) The Family Pension will be a single pension, in accordance with Article 48 of the National Constitution;

f) In the event of the death of one of the spouses or permanent partners receiving the family pension, the proportion of 50% shall increase that of the survivor, unless there are children under age or older up to the age of 25 years. are dependent on the deceased for their studies or invalid children, in which case the pension of the cujus passes 50% to the surviving spouse or partner and the remaining 50% to the children. If the condition of the beneficiary child is exhausted, the percentage shall increase to the other children of the deceased and, in the absence of the beneficiary children, the percentage of the surviving spouse or permanent partner shall be increased;

g) The death of spouses or permanent partners does not change the nature or coverage of the benefit, and in case there are no eligible children, the family pension is exhausted and there is no survivor's pension. Therefore, in the event of a balance, the application of the non-existence of beneficiaries referred to in Article 76 of Law 100 of 1993 will be applied;

(h) The survivor must inform the Pension Fund Administrator within thirty (30) days of the death of his/her spouse or permanent partner in order to determine that the pension is continuing in his/her head, without need to be replaced;

i) In case of any type of legal separation or divorce between the spouses or permanent companions beneficiaries of the Family Pension, this figure will be extinguished and the balance that is available in the account will be part of the conjugal society for effects of its distribution. In case the Family Pension is paid under the form of Vitalicia Income, it will be extinguished and the former spouses or former permanent companions will have the right to receive monthly each 50% of the amount of the pension they received. If the recognised pension is less than two (2) monthly minimum statutory wages in force (smlmv), each will have the right to receive monthly, a periodic economic benefit, equivalent to 50% of the amount of the pension which perceived;

j) The family pension is incompatible with any other pension of which one or both of the spouses or permanent partners, coming from the pension system, from the excluded systems or those recognised by employers, including the Conventional pensions. It also excludes access to the periodic economic benefits BEPS and any other type of state aid and/or subsidies that are intended to offer benefits in the livelihood of older adults who are find in poverty conditions.

Only once the family pension can be recognized for each spouse or partner.

PARAGRAFO. Understand for the purposes of this law as a spouse or permanent companion, the spouse or permanent partner who has the highest balance in individual savings account.

ARTICLE 3o. Add a new article to Chapter V to Title IV of Book I of the 1993 Law 100 , which will remain so:

" Item 151C. Family Pension in the Media With Defined Benefit Regime. Those who fulfil the conditions for the entitlement to the replacement of the old-age pension in the medium-premium system with defined benefit, may opt for the family pension, where the two spouses or partners (a) permanent retirement age and the sum of the number of weeks of contributions exceed the minimum number of weeks required for the recognition of the old-age pension.

(a) The spouses or permanent partners must be affiliated with the pension system of the average premium with defined benefit and credit more than five (5) years of marital relationship or permanent coexistence. This conjugal relationship or permanent cohabitation must have started before you have served 55 years of life each

(b) The spouses or permanent partners shall, between the two at least, add the number of weeks required for the recognition of the required old age pension on an individual basis;

c) In the event that one of the spouses or permanent partners is covered by the transitional regime, as enshrined in Article 36 of Law 100 of 1993, the family pension will not be determined in accordance with the criteria set out in that Article;

d) For the purposes of the contribution to the Social Security System in Health, the holder of the family pension shall be affiliated and quoted in accordance with the provisions of Article 204 of this Law. The spouse or permanent partner will be a beneficiary of the System;

e) The Family Pension will be a single pension, in accordance with Article 48 of the National Constitution;

f) In the event of the death of one of the spouses or permanent partners receiving the family pension, the proportion of 50% shall increase that of the survivor, unless there are children under age or older up to the age of 25 years. are dependent on the deceased for their studies or invalid children, in which case the pension of the cujus passes 50% to the surviving spouse or partner and the remaining 50% to the children. If the condition of the beneficiary child is exhausted, the percentage shall increase to the other children of the deceased and, in the absence of the beneficiary children, the percentage of the surviving spouse or permanent partner shall be increased;

g) The death of spouses or permanent partners does not change the nature or coverage of the benefit, and in the event that there are no eligible children, the family pension is exhausted and there is no pension survivors;

(h) The survivor must inform the System Administrator within thirty (30) days of the death of his/her spouse or permanent partner in order to determine that the pension is continuing in his/her head, without it being necessary perform any substitution;

i) In the event of divorce, legal separation or in fact, the family pension shall be extinguished and the former spouses or former permanent partners shall be entitled to a monthly economic benefit, equal to 50% of the amount of the pension they perceived;

j) The family pension is incompatible with any other pension of which one or both of the spouses or permanent partners, coming from the pension system, from the excluded systems or those recognised by employers, including the Conventional pensions. It also excludes access to the BEPS Periodic Economic Benefits and any other types of State aid and/or subsidies that are intended to offer benefits in the livelihood of older adults who are find in poverty conditions.

Additionally, only one family pension can be recognized only once for each spouse or partner;

k) Only persons who are classified in the Sisben at levels 1, 2 and/or in any other equivalent system designed by the National Government may be beneficiaries of the Family Pension, in the Prima Media Regime;

l) To access the Family Pension, each beneficiary must have listed at 45 years of age, twenty-five percent (25%) of the weeks required to access an old age pension according to the law;

m) The value of the family pension may not exceed a current monthly statutory minimum wage.

PARAGRAFO. Understand for the purposes of this law as a spouse or permanent companion, the spouse or permanent partner who has listed the system for the greatest number of weeks. "

ARTICLE 4. Add a new article to Chapter V to Title IV of Book I of the 1993 Law 100 , which will remain so:

" Article 151D. Affiliation to the Same Pension Regime. In the event that the spouses or permanent partners are affiliated to different pension schemes, that is, one of them is in the Middle Prima Regime and the other in the Individual Savings Regime with Solidarity, one of them they must, on a voluntary basis, move for the one they deem appropriate, in accordance with Article 2or Act 797 of 2003.

PARAGRAFO TRANSIENT. Those at the time of this law have exhausted the possibility of moving between the pension schemes in accordance with the article 2or Act 797 of 2003, and when you meet the requirements for access to the old age pension you cannot obtain it, you will be able to opt for the family pension with your spouse or permanent partner, in which case you may have moved between schemes, after verification that this transfer is carried out in order to access the family pension '.

ARTICLE 5o. Add a new article to Chapter V to Title IV to Book I of the 1993 100 Act, which will remain so:

" Article 151E. Funeral aid. The person who claims to have incurred the burial costs of any of the spouses or permanent partners who are beneficiaries of the family pension shall be entitled to receive a funeral aid equivalent to 50% of this benefit, compliance with Article 86 of Law 100 of 1993. "

ARTICLE 6o. Add a new article to Chapter V to Title IV of Book I of the 1993 Law 100 , which will remain so:

" Item 151F. Recognition. The recognition and payment of the family pension is acquired from the date of the application for this right to the system, prior to compliance with the required requirements ".

ARTICLE 7o. VALIDITY. This law governs from its sanction and promulgation and will repeal the provisions that are contrary to it.

The President of the honorable Senate of the Republic,

ROY MONTEALEGRE BARRIERS.

The Secretary General of the honorable Senate of the Republic,

GREGORIO ELJACH PACHECO.

The President of the honorable House of Representatives,

AUGUSTO POSADA SANCHEZ.

The Secretary General of the honorable House of Representatives,

JESUS ALFONSO RODRIGUEZ CAMARGO.

COLOMBIA-NATIONAL GOVERNMENT

Publish and comply.

Dada en Bogotá, D. C., a 1o de october de 2012

JUAN MANUEL SANTOS CALDERÓN

The Minister of Finance and Public Credit,

MAURICIO CARDENAS SANTA MARIA.

The Minister of Labor,

RAFAEL PARDO WHEEL.