The Constitutional Court ordered Law 2381 of 2024, “establishing the Comprehensive Social Protection System for Old Age, Disability, and Death of Common Origin, and enacting other provisions,” to be returned to the presidency of the plenary session of the House of Representatives so that the procedural flaw incurred during the legislative process could be corrected. Therefore, this entity must resubmit the proposals made by the representatives at the regular session of June 14, 2024, for discussion and voting.
Deadline
To remedy the procedural defect in the enactment of the law, the Constitutional Court granted the Plenary Session of the House of Representatives a maximum period of thirty (30) working days. However, this period will only run when the Congress of the Republic is in regular session, with the possibility of convening special sessions.
Once this period has expired, the President of the House of Representatives must submit a report to the Constitutional Court on compliance with this order and forward a copy of the respective plenary minutes so that the Court can make a final ruling on the constitutionality of the law.
Suspension of validity
The Constitutional Court's decision entails the suspension of the entry into force of Law 2381 of 2024, which was scheduled for July 1, 2025, until the business day following the date on which the Full Chamber of the Constitutional Court makes a final decision on the constitutionality of the law; however, the Congress of the Republic may define a new date for the full entry into force of the law.
This suspension does not apply to the two-year term for the transfer of the pension regime for persons who have contributed for seven hundred and fifty (750) weeks, in the case of women, and nine hundred (900) weeks, in the case of men, and who are less than ten years away from reaching the retirement age, as established in Article 76 of Law 2381 of 2024.
Conclusion
The pension reform will not come into effect on July 1, 2025.
The Constitutional Court has not ruled on the merits of Law 2381 of 2024, that is, it has not declared it enforceable or unenforceable (constitutional or unconstitutional).
The plenary session of the House of Representatives has 30 working days to correct the procedural error that occurred during the law's drafting process.
The possibility of transferring from one pension system to another remains in force.