Corte Constitucional endurece paso de trabajadores de fondos privados a Colpensiones

WEBVTT

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At the WU, Colonel' s
report. First of all, congratulate Mr

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de News de Univisión on the absolute
hit of having interviewed President Byden. Our

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colleague and friend Enrique acevedo the interview
has had an impact not only on all

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the media segments of the audience,
but also on the main Anglo media,

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that is, on their own competition, starting with CNN, which has opened

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several of its news segments with President
Bayden' s statements in an interview that

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is an absolute first. Daniel,
congratulations and, please, today' s

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report. Thank you very much,
July on good morning. This is today

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' s Colonel report. This is
very serious news for millions of Colombian workers

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and future suspensions. The Constitutional Court, with the participation of three judges,

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decided yesterday to substantially tighten the conditions
for workers in a private fund to move

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to pensions. The decision of the
Constitutional Court, which will be public in

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the coming days, contradicts a Supreme
Court decision that recognized the right of workers

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to migrate from the private simple savings
regime to the average premium system of colpensions.

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Let me explain as simply as possible
the difference between the two pension schemes.

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Private funds pay a pension based on
workers' savings. In the vast

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majority of cases, this saving ends
up becoming a monthly allowance of two minimum

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wages regardless of the income that the
person avenged during his or her working life

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and over time is reduced to a
sad wage thousand In contrast, workers affiliated

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with colpensions receive an allowance that averages
the wages earned during the last ten years

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before retirement. At the moment they
can only be changed from a regime that

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is worth, that is, from
private funds to colpensions, because the opposite

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route is quite exotic unlikely women before
they turn forty- seven years old and

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men before they turn fifty- two, that is, ten years before they

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reach retirement age. The Labour Chamber
of the Supreme Court of Justice had decided

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on a guardianship of a worker who
requested that her change to a private fund

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be annulled because she had not had
enough information at the time of the decision

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and had therefore gone to a private
fund that paid her only sixty- nine

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per cent of the income she had
at the end of her working life,

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against the ninety per cent she would
receive if she were in the average premium

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scheme, i e in corpeciones.
The Supreme Court found that the retired woman

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had not had enough information or even
had received misleading information to leave the old

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regime and move to the private,
thereby affecting her pension. As a result,

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she opened the door for the transfer
to be cancelled and that tutor and

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how she millions of workers could return
to the average premium system, which substantially

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improves her income. The determination came
to the Constitutional Court for review. The

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discussion ended yesterday with the conclusion that
the return to competition will harden for potential

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retirees, that is, that fewer
people who have changed to the private regime

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will be able to return to the
average premium, despite having received insufficient or

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misleading information to make the change.
The trends remained six- three against transit

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to the medium premium regime. Three
judges were in favour of fully ratifying the

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decision of the Supreme Court of Justice
and the right to transfer retirees and workers.

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They were Judge José Fernando Reyes President
of the Constitutional Court, Judge Vladimir

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Fernández Andrade and Judge Juan Carlos Cortés
González are against the decision of the Supreme

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Court and, consequently, are in
favour of tightening the conditions so that retirees

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can return to the system of average
premium more favourable to their income. Judges

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Cristina Pardo, Jorge Enrique Ibáñez and
Paola Meneses have the majority with the vote

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of three judges who replaced the handicapped
judges, Antonio José Lizarazo Diana Fajar of

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Natalia Angel. The judges who will
make the decision are Jaime Humberto Tobar,

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constitutionalist and expert in financial law,
Antonio Barreto Rosso, also constitutionalist, professor

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at the University of the Andes and
former Minister of Finance, Juan Camilo Restrepo.

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This is perhaps the first time that
the Constitutional Court ends up being more

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conservative than the Supreme Court of Justice. In reviewing a decision, the Constitutional

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usually assumed more liberal, more pro- worker positions, so to speak,

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than the Supreme, but gradually the
Constitutional Court has moved to the right.

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The Constitutional Court' s decision is
also beginning to mark a trend towards the

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eventual study of a pension reform in
the hypothetical case of its approval by the

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Senate' s seventh commission. The
same as last week' s health reform

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sank. We have a bonus track. For years, it had been hoped

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that the Office of the Prosecutor would
correctly assess the evidentiary elements that existed in

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the trial of former President Alvaro Uribe
and call him a trial, as the

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Supreme Court of Justice had done at
the time. After years of delaying maneuvers

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in the prosecution of Francisco Barbosa and
Gabriel Ramón Jaime, his coordinator of prosecutors

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before the Court, yesterday the first
prosecutor delegated to the Supreme Court of Justice,

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Gilberto Villarrealpava, decided to accuse him
in a very brief thirteen- page

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brief. Although the brief points out
that the President acted with the so-

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called Boganster to bribe witnesses and deceive
justice, he uses the verbs, cordinated,

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directed and agreed to bribe witnesses and
deceive justice. There are issues in

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the indictment that either remained on the
outside or are very weakly sustained. These

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issues relate, inter alia, to
the possible bribery of three witnesses imprisoned in

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Convita prison, known as the Sinaik, David and Poli alias, and to

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management offers to change places of detention
for convicted prosecutor Hilda Niño Farfán. Those

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who know the file in detail point
out that the indictment recognizes some issues but

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ignores others Olympically. In general,
it is a loose writing and may end

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up favoring the former president to the
bar Uribe, prosecutor Gilberto Villarreal, Paava,

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who signs it. He became a
prosecutor delegated to the Supreme Court of

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Justice by decision of Gabriel Ramón Jaimes, with whom he shares regional origin and

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alma mater that, by the way, is the same as the sadly remembered

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former prosecutor Alejandro Ordóñez. The brief
must be substantially improved before the trial preparatory

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hearing, or because of its gaps, the former President will end up in

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two at the Urib bar. This
was today' s colonel report. Thank

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you very much.