Cundinamarca court backs suspension of AFP transfers to Colpensiones

The Tribunal Administrativo de Cundinamarca has backed the Consejo de Estado ruling that suspends transfers of funds from AFP private pension administrators to Colpensiones. The decision drew criticism from President Gustavo Petro and Labor Minister Antonio Sanguino. Colpensiones stated that resources belonging to 129,000 people who switched regimes must be moved to cover pension payments.

In a statement, the Tribunal expressed support for the suspension and shared the Consejo de Estado's concern over public statements that discredit judicial decisions. Patricia Salamanca, president of the Tribunal, said that in a solid democracy judicial oversight guarantees the rule of law.

Labor Minister Antonio Sanguino claimed extralegal reasons behind the ruling and accused the court of interfering in matters reserved for the Constitutional Court. President Gustavo Petro criticized the suspension on X, stating that the law requires returning workers' savings to the fund they freely choose.

Colpensiones, led by Jaime Dussán, explained that 129,000 people switched under article 76 of Law 2381 of 2024. Of these, 24,020 are already pensioned and more than 7,000 meet age and contribution requirements, yet their resources remain with the AFP, hindering pension payments as required by decree 1833 of 2016.

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Dramatic courtroom scene illustrating Colombia's State Council suspending $25 trillion pension fund transfer to Colpensiones, with symbolic money halt and concerned savers.
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State Council suspends partial transfer of $25 trillion to Colpensiones

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Colombia's State Council suspended Chapter 5 of Decree 415 of 2026, ordering AFP to transfer $25 trillion immediately to Colpensiones. The precautionary measure affects savings of those who switched regimes but have not yet met pension requirements. Asofondos requested extending the suspension to the remaining $5 trillion.

The State Council suspended the transfer of 5 trillion pesos from pension fund administrators to Colpensiones. The government expressed deep concern over the impact on pension payments. President Gustavo Petro criticized the decision and announced legal action.

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Jaime Dussán, president of Colpensiones, defended the decree ordering the transfer of nearly $25 billones in savings from AFP to the public entity, dismissing concerns over liquidity and profitability. The measure affects 119,632 affiliates who switched regimes, as the financial sector warns of risks to savings. Decree 0415 of April 20 regulates these transfers amid judicial review of the pension reform.

The Administrative Court of Antioquia issued a precautionary measure against Decree 182 of 2026, which planned to transfer more than six million affiliates to Nueva EPS. The judge found that the regulation would create a high concentration of users and endanger their freedom of choice. The government was ordered to refrain from implementing it until the underlying controversy is resolved.

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Colombia's State Council provisionally suspended Decree 0182 of 2026, which reorganized health insurers territorially and capped the number of providers per region. The decision follows a lawsuit by Representative Katherine Miranda warning of forced transfers of millions of users to Nueva EPS.

Spain's Constitutional Court plenary has decided to maintain the suspension of a law modifying the institutional participation of unions and employer groups in the Murcia Region. The Government appealed it in October 2025 for invading state competencies and removing the parity principle in subsidies. The suspension will last until a final ruling.

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Argentina's Sala IV of the Contencioso Administrativo Federal Appeals Chamber ruled that the General Confederation of Labor (CGT)'s ongoing constitutional challenge to labor reform law 27.802 belongs in administrative jurisdiction, not labor courts. Judges Rogelio Vicenti and Marcelo Duffy sided with the national government in a win against the union confederation's efforts to block the reform, first challenged judicially in March.

 

 

 

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