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Salud, Ciencia y Tecnología Metaverse Basic and Applied Research Data & Metadata Interdisciplinary Rehabilitation Salud, Ciencia y Tecnología - Serie de Conferencias Community and Interculturality in Dialogue Seminars in Medical Writing and Education Health Leadership and Quality of Life Gamification and Augmented Reality Southern perspective / Perspectiva austral
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Original
Published: 2024-04-07
DOI: https://doi.org/10.56294/piii2024234

Jurisprudential analysis on substitute compensation in the Departament of Caldas: Contrast between Legal Security and the right to Social Security

By
Jaime Andres Perez Cotrino ,
Jaime Andres Perez Cotrino

Universidad Libre de Pereira, Facultad de Derecho, Pereira, Colombia

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Vanessa Ocampo Orozco ,
Vanessa Ocampo Orozco

Universidad Libre de Pereira, Colombia

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Nezar Restrepo Zuluaga ,
Nezar Restrepo Zuluaga

Universidad Libre de Pereira, Colombia

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Abstract

The substitute indemnity for the old-age pension stands as an economic benefit for the worker who failed to comply with the number of weeks required by the Law for the recognition of the old-age pension, having to profess Law 100 of 1993, erected a General Pension System divided into a medium premium regime with a defined benefit administered by the Colombian Pension Administrator – COLPENSIONES; and, an individual savings scheme with solidarity, where a group of private fund insurers proliferate.
Now, the aforementioned norm established in article 151, that the General Pension System would enter into force for public servants at the departmental, municipal and district level as of June 30, 1995 (Law 100, 1993), therefore, in advance As of that date, this charge was at the head of the social security funds of the territorial entities, finding that some of them were not affiliated to said funds or despite being, the benefit was denied when it was specified that the introduction of this benefit did not applied to such employees.
Thus, it is important from the pronouncements of the Constitutional Court, the Supreme Court of Justice, the contrast that is presented in the subject in question will be established, since it has been indicated by the aforementioned corporations that rights such as social security by the government of Caldas, by not recognizing the substitute compensation for employees terminated prior to June 30, 1995

Keywords:

pension favourability,
pension replacement compensation,
pension regime,
transition,

How to Cite

1.
Perez Cotrino JA, Ocampo Orozco V, Restrepo Zuluaga N. Jurisprudential analysis on substitute compensation in the Departament of Caldas: Contrast between Legal Security and the right to Social Security. SCT Proceedings in Interdisciplinary Insights and Innovations [Internet]. 2024 Apr. 7 [cited 2024 Jul. 6];2:234. Available from: https://proceedings.saludcyt.ar/index.php/piii/article/view/234

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The article is distributed under the Creative Commons Attribution 4.0 License. Unless otherwise stated, associated published material is distributed under the same licence.

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