Here's What Would Change If the Pension Reform Is Struck Down by the Constitutional Court

Labor and Employment attorney Camilo Cuervo was interviewed by Asuntos Legales about the scenarios that arise following the Colombian Constitutional Court's temporary suspension of Law 2381 of 2024 and its impact on the pension reform. Through its ruling, the high court halted the reform from taking effect while it reviews its constitutionality but kept in place the "window of opportunity" in Article 76 for regime transfers until July 16, 2026, with the required weeks credited as of June 30, 2025. The article also addressed what would happen with the Administrator of the Complementary Individual Savings Component (ACCAI) if the reform does not pass and detailed the effects on contribution refund, as well as practical considerations for those evaluating a regime change. Mr. Cuervo explained that, despite the partial suspension, the current rules allow individuals to strategically evaluate a regime transfer according to their income and contribution history.

"With the court's decision, people were able to continue transferring from private funds to Colpensiones and vice versa," he said. "It may seem unusual, but for many people, however surprising it may be, it also made sense to leave Colpensiones and move to the private funds, especially for those who had very high earnings at the beginning and, later on, contributed less, since the pension in Colpensiones is calculated based on the last 10 years of contributions and could be significantly affected."

READ: Here's What Would Change If the Pension Reform Is Struck Down by the Constitutional Court