Temporary Suspension of the New Pension Reform's Entry into Force: Order 841 of 2025
By: María Alejandra Almanza Núñez, Master's Candidate in Labor, Procedural, and Social Security Law, cassation specialist and legal advisor in labor law and pensions
Note: this article was published in June 2025 and describes the situation at that time. It may have changed since; it is kept as a historical reference.
In a unanimous decision, the Full Chamber of the Constitutional Court of Colombia (Corte Constitucional) issued Order 841 of 2025, ordering the temporary suspension of the entry into force of Law 2381 of 2024 — the statute through which the so-called Comprehensive Social Protection System for Old Age, Disability, and Death of Common Origin had been established.
The underlying reason: The Court identified a procedural defect in the legislative process that violates the constitutional principles governing the formation of law.
What did the Court order?
Return of the law to Congress: The House of Representatives (Cámara de Representantes) was ordered to repeat the plenary vote on the substitute proposition submitted by several representatives (including María del Mar Pizarro), concerning the text approved by the Senate and published in Congressional Gazette No. 497 of 2024.
This new vote must take place within a maximum of 30 business days from the date the order is communicated, and may only be held during ordinary sessions, unless Congress is convened for extraordinary sessions pursuant to Article 138 of the Colombian Constitution.
While the legislative process is carried out:
- All pending or future judicial proceedings related to this law are suspended.
- Its entry into force is suspended, except for the provisions set forth in Articles 12 (transitional paragraph) and 76.
- Congress is required to report to the Court on compliance with this order by submitting copies of the corresponding plenary session minutes.
What does this mean for retirees, workers, and businesses?
While the definitive constitutionality of Law 2381 of 2024 is being resolved, Colombia continues to operate under the current rules of the pension system. This means that the provisions that were set to take effect as of July 2025 are now on hold, and any planning, expectations, or business-related reforms tied to those provisions will need to await the outcome of the new legislative process.
What if the defect is not remedied?
Should Congress fail to cure the procedural defect within the established timeframe, the Court may declare the law unconstitutional in whole or in part.
This would set an important precedent regarding the strict duty of legality in the enactment of legislation that fundamentally transforms Colombia's social security system.
Closing thoughts:
This decision reaffirms that the Rule of Law demands respect for forms and procedures, even in far-reaching reforms. The balance between the urgency of a pension overhaul and strict compliance with the Colombian Constitution is a signal that institutions are functioning and that citizens have a voice through them.
🔔 If you are a retiree, an active worker, a business owner, or approaching retirement age and have questions about how this decision affects you, we are here to help.
📩 At Consejuridico, we provide Legal Guidance so you can make the best decisions.
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