The National Government filed an appeal before the Council of State to reverse the provisional suspension of a $25 trillion transfer from private funds to Colpensiones. The precautionary measure was issued on April 28 against Decree 415 of 2026. The ministries defend the decree's legality within the pension reform framework.
The Government, through the Ministries of Labor and Finance, along with the National Agency for Legal Defense of the State, filed the appeal on May 5. They seek to overturn the precautionary measure that partially suspended Chapter 5 of Decree 415 of 2026, which orders the immediate transfer of savings from affiliates who switched regimes but do not yet meet age and week requirements for retirement.
The suspension followed 13 lawsuits, including a tutela action and one backed by Asofondos and funds like Skandia, Porvenir, Protección, and Colfondos. Claimants argue these roughly $20 trillion resources should stay in AFPs generating returns until the pension right is consolidated. "There is a population that is contributing, that still does not meet pension criteria of those who transferred, and those resources correspond to $20 trillion," said Andrés Velasco, president of Asofondos.
Chapter 6 of the decree, regulating the transfer of capital from those who have already consolidated their retirement—$5 trillion for 20,000 people—, has higher chances of standing, as it ensures pension payments. The decree required delivering 50% of the capital in 20 days and the rest in the following 10 days. Lawsuits allege excess regulatory power, financial risk, and abuse of power to secure liquidity before a Constitutional Court ruling on Law 2381 of 2024.
