The key rulings that the high courts have issued on pension matters

Along with the discussions that have taken place around the health system, Another issue that has been at the center of the conversation is the pension system.

(Read more: Reasons why the Court toughened requirements to make the 'jump' to Colpensiones)

Although the debate has been gaining ground with the modifications that the reform that is currently being processed in Congress wants to introduce, it has also been driven by the most recent rulings issued by the high courts.

In fact, a report from the Comptroller General of the Republic revealed that in recent years rulings on pension matters have increased in the high courtsresulting in significant changes for the system and for the guarantee of this right.

In this way, the control entity identified 40 decisions issued by these organizations during the years 2017-2022. Added to this list are five notable decisions between 2023 and 2024 that have been classified as “relevant”.

(See: 'Those who sue to return to Colpensiones earn more than four minimum wages')

On the side of the Constitutional Court, Since 2017, it has issued 16 rulings on the subject.

One of the most notable is the ruling that overturns the requirement of 1,300 weeks of contributions for women in public savings funds and 1,150 weeks in private savings. With this determination, a deadline was established until the end of 2025 for Congress to regulate everything related to the old-age pension, considering the gender approach.

Another notable ruling is the one issued last December in relation to the disability pension. The measure favored a woman with a loss of work capacity of 93.40%.

Also added to this list is the tightening of the requirements for transferring private funds to Colpensiones. This was done in order to meet all the requirements established by law to be able to carry out this procedure, which can be carried out a maximum of 10 years before retirement age.

(See: 'Money is saved, but no pension is given': Petro, about the pension system in Colombia)

(See: What are the problems that are affecting the peace of Colombians the most)

Now, the largest number of sentences corresponds to those issued by the Labor Chamber of the Supreme Court of Justice. In total, in the period of analysis, the high court has made 26 decisions on the issue.

Of these, one of the most recent has to do with a new interpretation of how pension weeks are quoted. With this, it was defined that the number of weeks quoted per year must be taken according to the calendar, that is, 365 or 366 days, as appropriate.

Also included is one from February in which the possibility was opened for teachers to receive payment for teaching and an old-age pension.

For its part, The Council of State has issued three other rulings.

According to the Comptroller's report, the main claims addressed through court decisions are those concerning issues related to old-age, survivor and disability pensions. These correspond to 52.5% of the total sentences.

(See: Government and Congress would be close to an agreement to unblock the pension reform)

BRIEFCASE
*With information from EL TIEMPO – JUSTICIA