Articles that have immediate application with the enactment of the pension reform
In recent days the President of the Republic sanctioned Law 2381 of 2024, which modifies the Social Security System, as we knew it, and establishes a new Comprehensive Social Protection System for old age, disability and death of common origin.
In this regard, it is important to bear in mind that not all the articles will come into force as of July 1, 2025, that is, on the date of the entry into force of the Law, since some articles begin to take effect today, with the publication in the official gazette. One of the most important is Article 76, which establishes the Opportunity of transfer, in the following terms:
“Article 76. Opportunity of transfer. Persons who have seven hundred and fifty (750) weeks contributed, in the case of women, and nine hundred (900) weeks contributed, in the case of men, who are less than ten years away from the pension age, shall have two (2) years from the enactment of this law to transfer from the previous regime, after the double counseling referred to in Law 1748 of 2014”.
From the above, it follows that if the member, whether male or female, is within the prohibition of transfer, introduced by the Law 797 of 2003, that is to say that he/she is within the ten (10) years prior to reaching the age, he/she may transfer to another regime, as long as he/she complies with the double counseling and the density of weeks indicated above.
On the other hand, the transitory paragraph of Article 12, which deals with the General Characteristics regarding the affiliation and contribution to the system, also begins to operate, in the sense that the persons to whom the transition regime provided for in the Law does not apply and who contribute over 2.3 SMLMV, will have six (06) months, counted as of the date, to select a Private Fund, in order to manage the excess of the contribution.
Likewise, the clock is ticking for the National Government since there are several articles that still lack regulation, one of them being article 19 indicating that this organization has a term of six (6) months, counted from the sanctioned of this law to regulate the Actuarial System of Equivalences, which will allow crediting additional weeks, depending on the money that the member has saved in the Complementary Component of Individual Savings, in order to obtain the integral old age pension.
Therefore, it is urgent that the persons who comply with the requirements set forth in this Law may have access to the benefit of the Transfer Opportunity, without prejudice to the decision that the Constitutional Court may make regarding the future of this Law affecting consolidated situations, derived from the effects of the application of a law enacted and published in the Official Gazette.
