English

Shared retirement pension
 
In this case, the Court established that when  the wife and permanent companion coexist, the constitutional clause of equality and non-discrimination must be taken into consideration for the purpose of sharing pension rights, as indicated in Sentence T-410 of 2013. The Court reiterated that pension substitution, in cases of conflict between spouses and permanent partners, is defined by Law 797 of 2003, where rules were established to resolve conflicts regarding pension substitution, establishing the proportional distribution of the provision among the interested parties, since the ratio legis is aimed at progress in terms of equity, equality and solidarity. The Court recalled that the jurisprudence seeks an equitable distribution of the pension, provided that these rules are complied with: i) prolonged coexistence and ii) the condition of vulnerability of any of the interested or interested parties, whether due to the status of senior citizen or for his state of health, as expressed in the SU-337 Judgment of 2017.