Jurisprudential analysis on substitute compensation in the department of caldas: contrast between legal security and the right to social security

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.