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Circular of payments congressmen pension, members of the Judiciary and Public Prosecution is suspended

According to the State Council, Judgment C -258 of 2013 of the Constitutional Court made clear that the special arrangements merit individual analysis.

April 14, 2014

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The State Council suspended the effects of the Circular issued by Colpensiones, which established guidelines on pension payments of Congress, members of the Judiciary and Public Prosecution (Circular 4 of 2013).

The ruling explains that the decision was taken as a precautionary measure in the process of annulment of the Colpensiones circular which was demanded because spread the effects of the failure of the Constitutional Court which declared unenforceable special schemes and other senior congressmen and fixed stops for the payment of pensions.

According to the speaker, Judge Luis Rafael Vergara Quintero, the Constitutional Court in Case C -258 -2013, said his decision could not be transferred automatically to other special arrangements, as each has a philosophy, nature and characteristics specific that different from each other and make merit for an individual analysis.

In this case, Colpensiones applied the effects of ruling of the Constitutional Court to the regimes established by Law 546 of 1971 (employees of the Judicial Branch and the Public Ministry), a standard that has already been analyzed by the Constitutional Court and considered failure to draft constitutional provisions.

“However, it is noted that when the Legal Vice of Colpensiones, in Circular accused, established basic legal criteria for the recognition of pensions, reproduced the content of the decision of a judicial authority, imposed as the guiding criterion for subordinates and moved away from binding precedent of the State Council. In short, set up an order and unifying character of the sub rules created by the high courts, attributing judicial characteristics of a court or an organ judicial functions, "says the decision.

According to the applicant, the norm departed from established by the State Council in relation to the liquidation basis of pension income, wage factors and replacement rate that will be applied to the retirement pensions that are settled with based on the transition regime. The argument to depart from the statement of the High Court of Disputes and established by the Supreme Court was the decision of the Constitutional Court.

The opinions expressed in this article are those of the authors and do not necessarily reflect the viewpoints of Activo Legal Ltda.