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Why Is Reform Some Provisions Of The General Pension System Provided For In The Law 100 Of 1993 And Adopted The Pensionales Schemes Exempted And Special Provisions

Original Language Title: Por la cual se reforman algunas disposiciones del sistema general de pensiones previsto en la Ley 100 de 1993 y se adoptan disposiciones sobre los Regímenes Pensionales exceptuados y especiales

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797 OF 2003

(January 29)

Official Journal No. 45,079 of 29 January 2003

For which some provisions of the general pension system provided for in Law 100 of 1993 are reformed and provisions on the excepted and special Pensional Regimes are adopted.

Vigency Notes Summary

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. Article 11 of Law 100 of 1993 will thus remain:

Article 11. Field of application. 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 bargaining agreements for those who have fulfilled the requirements for access to a Pension or are pensioners by the date of validity of this law. retirement, old age, invalidity, replacement or survivors of the public sector, official, semi-official on 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.

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ARTICLE 2o. (a), (e), (i), (e), e), (e), (e), (e), (c), ( ), (m), (n), (o) and (p) are amended. will remain so:

Article 13. Features of the General Pension System.

a) Membership is mandatory for all dependent and independent workers;

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e) 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;

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i) The pension solidarity fund will be designed to extend the coverage by means of the subsidy to the population groups which, due to their characteristics and socio-economic conditions, do not have access to social security systems, 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.

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l) In no case from the date of this law, listed weeks or time of service may be replaced with the fulfilment of other requirements other than actual contributions or time of service. 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) The resources of the General Pension System are intended exclusively for such a system and do not belong to the Nation, nor to the entities that administer them.

n) The State is responsible for the management, coordination and control of the General Pension System and guarantor of the pension resources provided by the affiliates, in the terms of this law and will control their exclusive destination, 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;

o) The general pension system will encourage the consultation of the various actors at all levels;

(p) Affiliates who do not meet the other requirements for this purpose shall be entitled to a replacement balance or compensation in accordance with the scheme to which they are affiliated and in accordance with the provisions of the provided for in this Act;

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q) 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.

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ARTICLE 3o. Article 15 of Act 100, 1993, will be as follows:

Article 15. Affiliates. 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 contracts for the provision of services, or any other form of services they adopt, Independent workers and the population groups whose characteristics or socioeconomic conditions are chosen to be beneficiaries of subsidies through the Pensional Solidarity Fund, according to the availability budget.

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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.

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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.

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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.

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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.

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ARTICLE 4o. Article 17 of Law 100 of 1993 will remain so:

Article 17. Liability of the Quotations. During the lifetime of the employment relationship and the service delivery contract, compulsory contributions must be made to the pension systems of the general pension system by the members, employers and contractors based on the in the salary or service delivery income that those accrues.

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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.

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This is without prejudice to the voluntary contributions decided by the affiliate or employer in the two regimes.

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ARTICLE 5o. Paragraph 4 and paragraph of article 18 of Law 100 of 1993 will remain so:

Article 18. Basis of Quote. 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.

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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.

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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.

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ARTICLE 6o. Article 19 of Law 100 of 1993 will thus remain:

Article 19. Basis for the contribution of independent workers. Members of the system who are not bound by a contract of employment, contract for the provision of services or as public servants shall be listed on the income they declare to the institution to which they belong, keeping correspondence with the revenue actually 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.

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ARTICLE 7o. Article 20 of Law 100 of 1993 will thus remain:

Article 20. Amount of the contributions. The levy 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 or other purposes other than 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.

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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.

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ARTICLE 8o. Article 27 of Act 100, 1993, will be as follows:

Article 27. Resources. 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 contribution subsidy, the ISS affiliates must be over 55 years old and those linked to the pension funds must be greater than 58, as long as 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.

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ARTICLE 9o. Article 33 of Law 100 of 1993 will remain so:

Article 33. Requirements for obtaining the Old Age Pension. To be entitled 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.

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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;

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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 effect or started after the Act 100 in 1993.

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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.

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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.

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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 less than 18 years suffers from physical or mental invalidity , duly qualified and until such time remains in this state and continues as dependent of 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 of weeks required under the medium premium scheme to access the 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.

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ARTICLE 10. Article 34 of Law 100 of 1993 will remain so:

Article 34. Amount of the Old Age Pension. 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.

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ARTICLE 11. REQUIREMENTS FOR OBTAINING THE INVALIDITY PENSION.

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ARTICLE 12. Article 46 of the 1993 law 100 will remain so:

Article 46. Requirements for obtaining survivor's pension. They will be entitled to survivor's pension:

1. Members of the family group of the pensioner for old age or invalidity by common risk who dies and,

2. The members of the family group of the member of the system who die, provided that they have been paid fifty weeks within the last three years immediately preceding the death and the following conditions are established:

a)

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b)

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PARAGRAFO 1o. When an affiliate has listed the minimum number of weeks required in the premium regime in time before its death, without having processed or received a replacement allowance from the pension The beneficiaries referred to in Article 66 of this Law, the beneficiaries referred to in Article 66 of this Law, shall be entitled to the survivor's pension in the terms of this law.

The amount of the pension for those beneficiaries who, as of the duration of the Law, comply with the requirements set out in this paragraph shall be 80% of the amount that would have been in an old age pension.

PARAGRAFO 2o.

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ARTICLE 13. Items 47 and 74 will remain as follows:

Article 47. Survivors ' Pension beneficiaries. They are beneficiaries of survivor's pension:

a) In life form, the spouse or the partner or permanent partner or superstite, as long as the said beneficiary, to the date of the deceased of the causative, is 30 or more years of age. In the event that the survivor's pension is caused by death of the pensioner, the spouse or the partner or permanent partner must prove that he was making marital life with the deceased until his death and there is coexisted with the deceased not less than five (5) continuous years prior to his death;

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(b) In a temporary form, the spouse or the surviving permanent partner, as long as the beneficiary, at the date of the death of the deceased, is less than 30 years of age, and has not created children with it. The temporary pension shall be paid for as long as the beneficiary lives and shall be for a maximum duration of 20 years. In this case, the beneficiary must be listed in order to obtain his or her own pension from that pension. If you have children with the causative you will apply the literal to).

If in respect of a pensioner there would be a partner or permanent partner, with a non-dissolved prior conjugal society and the right to receive part of the pension covered by (a) and (b) of this Article, pension will be divided among them (as) in proportion to the time of living with the deceased.

In case of simultaneous coexistence in the last five years, before the death of the causative between a spouse and a partner or permanent partner, the beneficiary or the beneficiary of the survivor's pension will be the wife or husband. If there is no concurrent coexistence and the conjugal union is maintained, but there is a separation in fact, the companion or permanent partner may claim a share of the corresponding literal to a percentage proportional to the time spent with the deceased as long as it has been higher than the last five years before the death of the deceased. The other share will correspond to the spouse with which the existing conjugal society exists;

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c) Children under the age of 18; children over the age of 18 and up to 25 years, unable to work by reason of their studies and whether they are economically dependent on the cause of death, as long as they are duly accredited their condition of students and meet the minimum academic conditions that the Government sets; and, the invalid children if they were economically dependent on the causative, this is, they have no additional revenue , while the invalidityconditions are subsisting. To determine when there is invalidity the criterion provided by article 38 of Act 100 of 1993 will apply;

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d) In the absence of spouse, partner or permanent partner and children entitled, the parents of the deceased will be beneficiaries if they are economically dependent absolute of this;

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e) In the absence of spouse, partner or permanent partner, parents and children entitled, the invalid siblings of the causative will be beneficiaries if they depend economically on this.

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PARAGRAFO. For the purposes of this article it will be required that the link between the invalid parent, child, or sibling is that set in the Civil Code.

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ARTICLE 14.

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ARTICLE 15. SINGLE RECORD SYSTEM. It is up to the Government to define the design, organization and operation of:

(a) The sole registration of the members of the general pension system, the social security system in health, the general system of occupational risks, the Sena, ICBF, and the Family Compensation Boxes, and the beneficiaries of the network social protection. Such registration shall be integrated with the single register of contributors and the inclusion of such registration shall be compulsory for access to subsidies or services financed from public resources as of their validity;

b) The system that allows the integration of contributions and parafiscal contributions to the entities mentioned in the previous paragraph, as well as the other contributions provided for the social security and social protection system. The system will be managed by entities of mixed economy of which the social security entities, authorized to manage the resources of the social security, will have to their position also the liquidation, administration and processing of the corresponding information;

c) The unique identification number in integral social security and social protection, which must be registered by all the entities that carry out the transactions that the government points out in the form it establishes. This number must correspond to the number of the citizenship card or identity card or civil registry of birth.

PARAGRAFO. The National Government shall issue within a period of two (2) years counted from the entry into force of this law the decrees necessary to develop the system to which the present Article.

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ARTICLE 16. The pensional regime of the members of the magisterium, will be regulated by law.

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ARTICLE 17. EXTRAORDINARY POWERS. In accordance with the provisions of Article 150 numeral 10 of the Political Constitution, review for six (6) months the President of the Republic of extraordinary for:

1.

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2. To issue or amend the rules relating to the legal regime for workers engaged in high-risk activities and in particular to amend and dictate the rules on conditions, requirements and benefits, including the definition of high risk, according to studies and actuarial criteria of measurement of decrease of healthy life expectancy and adjust the rates of contribution up to 10 points, always in charge of the employer, in order to preserve the balance system financial.

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3.

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ARTICLE 18.

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ARTICLE 19. a) the legal representatives of the institutions of social security or those who are responsible for the payment or have recognised or recognised economic benefits, must verify ex officio the compliance with the requirements for the acquisition of the right and the legality of the documents which served as a support to obtain the recognition and payment of the fixed or periodic sum or provision in charge of the public treasury, whenever it exists reasons for which it may be assumed that a pension or a benefit was wrongly recognised economic. In case of verification of the non-compliance with the requirements or that the recognition was made based on false documentation, the official must proceed to the direct revocation of the administrative act even without the consent of the individual and to comment copies to the competent authorities.

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ARTICLE 20. REVIEW OF THE RECOGNITION OF PERIODIC SUMS IN CHARGE OF THE PUBLIC TREASURY OR PUBLIC FUNDS. Judicial providences that at any time have (a) decree or decrement recognition which imposes on the public treasury or public funds the obligation to cover periodic sums of money or pensions of any kind may be reviewed by the State Council or the Supreme Court of Justice, in accordance with its powers, at the request of the Government through the Ministry of Labor and Social Security, Ministry of Finance and Public Credit, Comptroller General of the Republic or Attorney General of the Nation.

The review also proceeds when the recognition is the result of a court settlement or settlement.

The review will be processed by the procedure pointed out for the extraordinary review facility by the respective code and can be ordered at any time by the Consecrated causals for this in the same code and in addition:

a) When the recognition was obtained with due process violation, and

(b) When the amount of the recognized right exceeds that due in accordance with the law, covenant or collective agreement that was legally applicable to it.

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ARTICLE 21.

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ARTICLE 22.

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ARTICLE 23.

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ARTICLE 24. This law governs at the time of publication and repeals Articles 30 and 31 of Law 397 of 1997 and other rules contrary.

The President of the honorable Senate of the Republic.

LUIS ALFREDO RAMOS BOTERO.

The Secretary General of the honorable Senate of the Republic,

EMILIO RAMON OTERO DAJUD.

The President of the honorable House of Representatives,

WILLIAM VELEZ MESA.

The Secretary General of the honorable House of Representatives,

ANGELINO LIZANO RIVERA.

COLOMBIA-NATIONAL GOVERNMENT

PUBLISH AND EXECUTE.

Dada in Bogotá, D. C., on January 29, 2003.

ALVARO URIBE VELEZ

The Minister of Finance and Public Credit,

ROBERTO JUNGUITO BONNET.

The Minister of Labour and Social Security,

JUAN LUIS LONDOÑO DE LA CUESTA.

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