For the recognition of the grace pension, it is an unavoidable requirement that the naturalized teacher meets the requirement provided for in article 1 of Law 114 of 1913, that is, that he completes 20 years of service as a teacher of the territorial order. This was determined by the Second Section of the Council of State by pronouncing a unification sentence and rectifying the position that existed since 2010.
In accordance with this position, the ex-gratia pension was recognized for teachers who did not complete the required length of service (20 years) because they acquired some type of disability that prevented them from completing it, but managed to work three-quarters of it (15 years). , which It 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.
According to the new position, the existence of disability does not exonerate the teacher from compliance with the service time, since a grammatical interpretation of article 1 of Law 114 of 1913 and systematic of its provisions, in conjunction with the amending laws 116 of 1928, 37 of 1933 and 91 of 1989, allows us to infer that the right is only acquired in this way and that there are no exceptions, not even for health reasons.
Likewise, the high court indicated, no exceptions can be deduced from the historical and teleological interpretation of Law 114 of 1913. On the contrary, the creation of the grace pension was intended to provide a reward for territorial teachers for dedicating 20 years to the service of education, despite the precarious salary and working conditions lower than those of national teachers. These circumstances disappeared by virtue of the nationalization process ordered by Law 43 of 1975. and its inclusion in the general pension system.
The jurisprudential change does not violate the principles of equality, proportionality, progressivity or equity. The Corporation clarified that Nor is the recognition of the gratuity pension appropriate without accrediting requirements by analogy.since the only rules that regulate this benefit are laws 114 of 1913, 116 of 1928, 37 of 1933 and 91 of 1989 and there is no other pension of this nature that can be accessed with compliance of three quarters of the time of labor required (CP Juan Enrique Bedoya Escobar).
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