Colombia: The Supreme Court of Justice Revises Its Position on Eligibility Criteria for Survivors’ Pension Benefits

The survivors’ pension in Colombia is an economic benefit designed to ensure the financial stability of the family members of a deceased contributor or pensioner. Regulated by Law 100 of 1993, as amended by Law 797 of 2003, this right outlines specific criteria and requirements for eligibility. Recently, the Labour Cassation Chamber of the Supreme Court of Justice, in Ruling SL3507-2024, updated its stance on these requirements, establishing a new precedent in the interpretation of the law.

What is the update?

Previously, the requirement of five years of cohabitation applied solely in the case of the death of a pensioner. However, with this recent decision, the requirement now extends to pension system members. As a result, an affiliated worker’s spouse or permanent partner can apply for the survivors’ pension upon the worker’s death, regardless of whether the worker had met the age or contribution weeks required at their passing.

What is its purpose?

The Court extended this criterion in order to guarantee fairness in access to the survivors’ pension, promote equality among the beneficiaries of this benefit, and ensure that it reaches those who really need it and meet the established requirements.

 

For additional information on any matter related to labour issues in Colombia, please contact Angélica María Carrión Barrero (Partner) of López & Asociados at angelica.carrion@lopezasociados.net or visit www.lopezasociados.net

For more information, please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org