Ruling SL138-2024: New Approach to Counting Contribution Weeks in Colombia's General Pension System
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)
Background
In a case brought before the Labor Chamber of the Corte Suprema de Justicia (Colombia's Supreme Court of Justice), the claimant sought recognition of a survivors' pension following the death of her spouse in 2015. The dispute centered on the counting of contribution weeks, as the deceased had accrued 50 weeks of contributions during the three years prior to his death.
First-Instance Ruling
The court of first instance determined that the deceased had contributed 49.14 weeks, rounding that figure up to the 50 weeks required to qualify for the pension, and ordered the recognition and payment of the survivors' pension.
Second-Instance Ruling
The Superior Tribunal (Tribunal Superior) overturned the first-instance decision after identifying an omission in the verification of contributions made. It found that rounding up the number of weeks was not appropriate, and concluded that the deceased had contributed only 45.05 weeks — on that basis, it ruled in favor of the pension fund, denying recognition of the pension.
Ruling on Cassation
Upon reviewing the cassation appeal, the Labor Chamber of the Corte Suprema de Justicia identified errors in the second-instance tribunal's assessment of the evidence. In addition, the Court revised its jurisprudential standard for counting contribution weeks, establishing that such counting must be based on a calendar year of 365 days. Applying a retroactive count of contributions, the Court concluded that the deceased had accrued 49.85 weeks, thereby justifying the granting of the survivors' pension.
Impact and Conclusions
The Corte Suprema de Justicia's revision of its jurisprudential standard regarding the counting of pension contribution weeks marks a significant development under Colombian law. By now using a 365-day calendar year — rather than the previously applied 360-day period — to calculate contribution weeks, the new approach ensures greater precision and fairness in the assessment of workers' contribution histories.
This change more accurately reflects the actual passage of time, resulting in stronger protection for the rights of pension system members and their beneficiaries.
The new standard will benefit members who have contributed a number of weeks close to the threshold required to qualify for a pension. The revised interpretation of the applicable rules allows for a retroactive count of contributions, which may make the difference between qualifying or not qualifying for a pension benefit.
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Case law cited: SL138-2024, Corte Suprema de Justicia, Labor Chamber, Case No. 89797, Record No. 02 (January 31, 2024). Reporting Justice: Luis Benedicto Herrera Díaz
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