I Lost My Contribution Weeks! What Should I Do?
By: María Alejandra Almanza Núñez, attorney, Specialist in Labor and Social Security Law (Universidad Sergio Arboleda), Candidate for a Master's Degree in Labor Law, Labor Procedure, and Social Security (Universidad Externado de Colombia)
Note: this article was published in January 2025 and describes the situation at that time. It may have changed since; it is kept as a historical reference.
Colombia's pension system has undergone significant changes with the Pension Reform[1], which introduced modifications and established a transitional regime for certain affiliates. This legislation aims to ensure that those who were already contributing under the prior regime[2] can retire under its previous rules — an outcome that, in many cases, is more favorable for workers.
In order to be covered by the transitional regime, some affiliates engaged in irregular practices to accumulate contribution weeks. In response, the government issued Decree 1225 of 2024, which introduced restrictions for those seeking to pay for omitted periods and gain access to the benefits of the transitional regime.
Below, we explain how these measures may affect you and what you should do to avoid administrative investigations and sanctions.
A. Can I pay for contribution weeks in order to qualify for the transitional regime?
In recent years, some affiliates have resorted to a practice we will call "reaching the transitional regime" — that is, making back payments of contributions with the sole purpose of meeting the requirements needed to access more favorable pension benefits. In many cases, these weeks were paid without any genuine work activity or income to support those contributions.
To prevent abuse and ensure the fairness and sustainability of the pension system, it was established[3] that contributions made to cover omitted periods may no longer be calculated on the basis of the minimum wage. Instead, they must be determined based on the weighted average of the affiliate's historical contributions, adjusted to the reference date.
1. The cap: The regulation provides that self-employed workers who wish to pay for omitted weeks must do so based on a historical calculation of their income, not on the minimum wage. Affiliates will no longer be able to choose the minimum contribution base; instead, it will be calculated based on their actual income history, in accordance with the amendment to Decree 1296 of 2022[4].
2. The oversight mechanism: The Pension and Parafiscal Management Unit (UGPP — Unidad de Gestión Pensional y Parafiscales) has been granted the authority to investigate potential irregularities in the payment of omitted weeks. The UGPP may conduct verifications and audits in cases where there is evidence that the weeks paid do not correspond to periods during which the affiliate was actually engaged in an economic activity.
If it is found that no employment relationship existed, or that income was reported irregularly, the UGPP will proceed to remove the paid weeks from the affiliate's contribution history.
In the event that contributed weeks are annulled, the contributor may request a refund of the payments made — however, this does not guarantee that access to the transitional regime will be preserved.
Additionally, if potential fraud or inconsistencies are detected, these may be reported to the competent authorities, potentially resulting in administrative sanctions or even criminal investigations.
B. Does this measure guarantee fairness in the system?
While the decree's intent is legitimate in preventing the "purchase of contribution weeks", its application raises certain concerns regarding the new contribution calculation formula.
- Determination of the base: The calculation is based on a historical average of income, which may not accurately reflect the affiliate's actual financial situation during the omitted periods. Affiliates are not permitted to contribute based on their real income for those omitted periods; instead, they must use an estimated value, which may negatively affect their future pension.
- Unequal treatment: An unequal treatment arises between affiliates who contribute based on their actual salary and those who, having omitted contributions in the past, must now pay based on a historical calculation that may prove unfavorable to them.
- Litigation risk: This situation could give rise to claims and legal disputes, given that Colombian social security law guarantees that contributions must reflect the income actually earned by each worker.
C. How does this regulation affect self-employed workers?
If you ever stopped contributing to the pension system, you may regularize your omitted weeks — however, you should be aware that the calculation of your contributions may no longer be based on the minimum wage, but rather on your income history.
This measure primarily affects self-employed workers, who often face periods of labor instability and must now comply with stricter rules in order to complete their contributions.
Warning! Before initiating the actuarial calculation process, make sure you have reliable and verifiable documentation and information.
The UGPP may audit the accuracy of your employment history, and any irregularity could result in the annulment of your contributions.
If you need guidance on how to demonstrate the accuracy of your income and avoid sanctions, it is essential that you seek assistance from an attorney specializing in social security law.
D. What can you do?
If you are a self-employed worker and have questions about how to pay your omitted weeks, or if the reform affects your pension process, obtaining specialized legal advice is essential.
Why is legal advice important?
- To determine whether you meet the requirements of the transitional regime.
- To verify how to correctly calculate your contribution base.
- To avoid sanctions or the removal of weeks by the UGPP.
- To ensure that your process is transparent and legally sound.
At Consejuridico, we provide the guidance you need to make the best decision based on your specific situation.
[1] Law 2381 of 2024
[2] Law 100 of 1993
[3] Article 20 of Decree 1225 of 2024
[4] The contribution base salary (SB) will be the weighted average of all contributions made by the affiliate throughout their working life, deflated to the reference date.
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