Why The Family Pension Is Created

Original Language Title: Por la cual se crea la pensión familiar

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1580
LAW OF 2012 (October 1)
Official Gazette No. 48,570 of October 1, 2012

CONGRESS OF THE REPUBLIC Whereby the family pension is created.

THE CONGRESS OF COLOMBIA DECREES:
ARTICLE 1o. Adiciónese a new chapter to Title IV of the Book I of Law 100 of 1993, and a new article to Chapter V, which shall read as follows: CHAPTER V


Family pension Article 151A. Definition of Family Guesthouse. It is one that is recognized by the combined efforts of contribution or contributions of each spouse or each permanent partners, resulting in compliance with the requirements for the old age pension in the half premium delivery defined or individual savings scheme and in accordance with the provisions of Law 100 of 1993. Article 2.
. Adiciónese a new article to Chapter V of Title IV of the Book I of Law 100 of 1993, which will read:
"Section 151B. Family pension in the Regime of Individual Saving with Solidarity. Those who meet the requirements for entitlement to a refund of balances in the system of individual saving with solidarity, ie reach the age required by law and the accumulated amount is insufficient to access an old-age pension, may opt voluntarily by the family pension, when capital accumulation between spouses or permanent companions is sufficient to apply for recognition of old-age pension.
If capital is insufficient, the weeks of contributions of both are added together to determine if they can access the Fund Minimum Pension Guarantee, in accordance with the provisions of Article 65 of Law 100 of 1993 | || a) the spouses or permanent companions must be affiliated to the regime of individual saving with solidarity and accredit more than five (5) years of marital relationship or permanent living. This marital relationship or permanent cohabitation must have started before age 55 years of life each; Effective Jurisprudence


B) The spouses or permanent companions must be affiliated in the same Pension Fund Administrator (AFP). If they are in different Administrators, they should be moved to the AFP resources where (the) spouse or partner (a) permanent holder is affiliated. The National Government shall regulate pertinent to the transfer of such contributions;
C) The spouses or permanent companions, in the regime of individual saving with solidarity must add the need for a pension which allows them to cover the household capital. For the effect it must have been already paid the entire bonus and pension contributions to pension bond parts entitled each. Secondarily and if capital accumulation of the spouses or permanent companions not be enough to finance a pension, you can add the weeks of contributions in order to comply with the requirement of weeks required by this Act to access the minimum pension guarantee. In any case the Fund Minimum Pension Guarantee will be affected only and once the resources of the individual accounts of spouses or permanent companions are exhausted;
D) For purposes of the contribution to the Social Security System in Health, the head of the family pension must be affiliated and quoted according to the provisions of Article 204 of Law 100 of 1993. The spouse or life partner System will be beneficial;
E) The Family Pension is one pension, in accordance with Article 48 of the Constitution;
F) In case of death of one of the spouses or permanent companions beneficiaries of family pension, the proportion of 50% of the surviving will increase unless there are minor children or adults up to age 25 dependent the deceased by reason of their studies or disabled children, in which case the pension of a deceased person spends 50% surviving spouse or partner and the remaining 50% to the children. Exhausted child beneficiary status, the percentage will increase to other children of the deceased and in the absence of children beneficiaries will increase the percentage of surviving spouse or life partner;
G) The death of spouses or permanent companions does not change the nature or provision coverage, and if there are no beneficiaries entitled children, the family pension is exhausted and no place to survivor pension thus , balances if you will be applying absence of beneficiaries under Article 76 of Law 100 of 1993;

H) The survivor must inform the Pension Fund Administrator, within thirty (30) days following the death of their spouse or life partner so that it is determined that the pension continues on its head, it necessary to make any substitution;
I) In case of any kind of legal separation or divorce between spouses or permanent companions beneficiaries of the Family Pension, this figure will be extinguished and the balance available in the account will be part of the community property for purposes of distribution. Should the Family Pension is were paying in the form of annuity, it shall be extinguished and former spouses or former domestic partners are entitled to receive each month 50% of the amount of pension they received. Should the recognized pension is less than two (2) monthly statutory minimum wages (smlmv), each shall be entitled to receive monthly, a financial newspaper, equivalent to 50% of the amount of the pension they received;
J) The family pension is incompatible with any other pension which will rejoice one or both of the spouses or permanent companions from the pension system, the excluded systems or recognized by employers, including conventional pensions. It also excludes access to the economic benefits Newspapers BEPS and any other kind of grants and / or subsidies granted by the State, they are intended to provide cash benefits for the subsistence of the elderly who are in poverty. Additionally
it may be recognized only once the family pension for each spouse or partner. "
PARÁGRAFO. Understood for the purposes of this law spouse or partner as permanent owner, the spouse or life partner that has the highest balance in individual savings account.

ARTICLE 3. Adiciónese a new article to Chapter V of Title IV of the Book I of Law 100 of 1993, which will read:
"Section 151C. Family pension in the Media Prima Regime with Definite Benefit. Those who meet the requirements for entitlement to payment in lieu of the old-age pension system average premium with defined benefit may opt for family pension, when both spouses or permanent companions obtain the minimum retirement age and the sum the number of weeks of contributions above the minimum required weeks for the recognition of the old age pension.
A) The spouses or permanent companions must be affiliated to the pension scheme with defined benefit average premium and accredit more than five (5) years of marital relationship or permanent living. This marital relationship or permanent cohabitation must have started before age 55 years of life each; Effective Jurisprudence


B) The spouses or permanent companions, should add, between the two, at least, the number of weeks required for the recognition of pension age required individually;
C) In the event that one of the spouses or permanent companions be sheltered by the transitional regime, enshrined in Article 36 of Law 100 of 1993, the family pension is not determined in accordance with the criteria established in the same article;
D) For purposes of the contribution to the Social Security System in Health, the head of the family pension it must be affiliated and quoted according to the provisions of Article 204 of this law. The spouse or life partner will be the beneficiary of the system;
E) The Family Pension is one pension, in accordance with Article 48 of the Constitution;
F) In case of death of one of the spouses or permanent companions beneficiaries of family pension, the proportion of 50% of the surviving will increase unless there are minor children or adults up to age 25 dependent the deceased by reason of their studies or disabled children, in which case the pension of a deceased person spends 50% surviving spouse or partner and the remaining 50% to the children. Exhausted child beneficiary status, the percentage will increase to other children of the deceased and in the absence of children beneficiaries will increase the percentage of surviving spouse or life partner;
G) The death of spouses or permanent companions does not change the nature or provision coverage, and if there are no beneficiaries entitled children, the family pension is exhausted and no place to survivor pension;

H) The survivor must inform the System Administrator, within thirty (30) days following the death of their spouse or life partner so that it is determined that the pension continues in his head, without being necessary to make some substitution;
I) In case of divorce, legal separation or indeed, family pension shall cease and former spouses or former domestic partners are entitled to receive monthly periodic economic benefit equivalent to 50% of the amount of the pension they received ;
J) The family pension is incompatible with any other pension which will rejoice one or both of the spouses or permanent companions from the pension system, the excluded systems or recognized by employers, including conventional pensions. It also excludes access to newspapers BEPS Economic Benefits and any other kind of grants and / or subsidies granted by the State, which have as provide cash benefits for the subsistence of the elderly who are in poverty purpose. Additionally
only it is able to recognize family pension for each spouse or partner once;
K) may be granted only family pension in Media Prima regime, those who are classified in the Sisbén at levels 1, 2 and / or any other equivalent system to design the National Government; Effective Jurisprudence


L) To access the Family Pension, each beneficiary must have contributed to 45 years of age, twenty-five percent (25%) of the weeks required for access to an old age pension according to law; Effective Jurisprudence


M) in the regime of Media Prima the value of family pension shall not exceed a current monthly legal minimum wage. Effective Jurisprudence


PARÁGRAFO. Understood for the purposes of this law spouse or partner as permanent owner, the spouse or life partner who has contributed to the system as many weeks. "

ARTICLE 4. Adiciónese a new article to Chapter V of Title IV of the Book I of Law 100 of 1993, which will read:
"Section 151D. Membership at the same Pension Scheme. If spouses or permanent companions were affiliated to different pension schemes, that is, one of those is in the regime of Prima Media and the other in the Regime of Individual Saving with Solidarity, one of them will voluntarily , move to it deems appropriate, in accordance with Article 2 of Law 797 of 2003
TRANSITORY PARAGRAPH. About the entry into force of this law they have exhausted the possibility of moving between pension schemes in accordance with Article 2 of Law 797 of 2003, and to meet the requirements for access to old-age pension fail to get it, they may opt for family pension with your spouse or life partner, in which case there may be transfer between schemes, after verification that this transfer is made to access the family pension. "
The 5th ITEM. Adiciónese a new article to Chapter V of Title IV of the Book I of Law 100 of 1993, which will read:
"Section 151E. funeral assistance. The person who verified as having paid the funeral expenses of one of the spouses or permanent companions beneficiaries of family pension, shall be entitled to an amount equal to 50% of this benefit funeral assistance, in accordance with Article 86 of Law 100 1993 ".

ARTICLE 6o. Adiciónese a new article to Chapter V of Title IV of the Book I of Law 100 of 1993, which will read:
"Section 151f. Recognition. The recognition and payment of family pension is acquired from the date of application of this right to the system, subject to compliance with the requirements ".

ARTICLE 7. VALIDITY. This law applies from its approval and enactment and repeal the provisions that are contrary.
The President of the honorable Senate,
Roy Barreras Montealegre.
The Secretary General of the honorable Senate,
GREGORIO Eljach PACHECO.
The President of the honorable House of Representatives,
AUGUSTO POSADA SÁNCHEZ.
The Secretary General of the honorable House of Representatives,
JESUS ​​ALFONSO RODRÍGUEZ CAMARGO.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and enforced.
Given in Bogotá, DC, on October 1, 2012

CALDERON JUAN MANUEL SANTOS Minister of Finance and Public Credit,
Mauricio Cardenas Santa Maria.
The Minister of Labour,
RAFAEL PARDO RUEDA.


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