He State Council has just established new rules so that teachers can access the grace pension.
Thus, the high court, Through the Second Section, it was determined that teachers of territorial entities must prove they are 20 years old at the service of education in order to obtain the pension benefit.
In decision, with a presentation by counselor Juan Enrique Bedoya Escobarthe Council of State issued the unification ruling on May 29, 2024 in which it determined that for the recognition of the grace pension “it is an unavoidable requirement that the nationalized teacher meets the requirement provided for in article 1 of Law 114 of 1913 , that is, to complete 20 years of service as a territorial order teacher.”
The ruling added that the recognition pension does not proceed without this being proven, “even if the teacher did not comply due to having been declared in a state of disability or for having died, even if it had reached three quarters of the required time.”
It’s a statement, the Council of State explained that the providence “rectified the jurisprudential position that existed since 2010 in the Section” and that recognized the ex-gratia pension to teachers who did not comply with the 20-year service period required by article 1 of Law 114 of 1913 because they acquired some type of disability that prevented them from completing it, but three-quarters of them were able to work (15 years).
Women can retire at an average age of 57 years.
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“The position was based on the need to protect the right to social security of the teacher in such health conditions. and in the principles of proportionality and progressivity of labor rights,” the Council noted.
The new position establishes that “the existence of disability does not exonerate the teacher from compliance with the service time because a grammatical interpretation of article 1 of Law 114 of 1913 and systematic of its provisions in conjunction with laws 116 of 1928, 37 of 1933 and 91 of 1989 that modified it, allows us to infer that the right is only acquired in that way and that there are no exceptions in this regard, not even for health reasons.
The Council of State highlighted that the reason for the creation of the grace pension was to grant a “reward” for territorial teachers for dedicating 20 years to the service of teachingdespite the precarious salary and working conditions lower than those of national teachers.
“It must be remembered that when it was created (the grace pension) there was no social security pension system in Colombia and that its motive was to encourage and reward territorial teachers to continue providing the education service despite their unfavorable working conditions, and its purpose was to alleviate his situation during old age after dedicating minimum 20 years
teaching,” the Council of State noted in its ruling.
In this context, the corporation noted that “It is clear that the legislator did not intend to cover the contingencies derived from old age.illness and death under the premises that guide the social security system created later in laws 6 of 1945, 33 of 1985 and, finally, 100 of 1993″.
The purpose of the grace pension was to provide a “reward” for territorial teachers for dedicating 20 years to the service of teaching.
Photo:iStock
The ruling, according to the Court Council, concluded that the jurisprudential change “does not violate the principles of equality, proportionality, progressivity or equity, in addition to the fact that the recognition of the ex-gratia pension is not appropriate without accrediting the 20 years of teaching service by analogy. , since the only rules that regulate this benefit are laws 114 of 1913, 116 of 1928 and 37 of 1933 and 91 of 1989” and there is no other pension of this nature that could be used to recognize it with compliance with the three quarters of the required work time.
JESUS BLANQUICET
Justice Editorial
In X: @JusticiaET
