Asofondos reiterated that the transfer of pension resources must comply with current law. The association requested a definitive ruling from the Constitutional Court on Law 2381 of 2024 to provide legal certainty. It warned that an early transfer to Colpensiones violates existing regulations.
Asofondos urged institutions to adhere to the legal framework for pension resources. The association stated that Law 2381 of 2024 allows transfers for affiliates less than 10 years from pension age, requiring mandatory double advising. Article 76 of the law directs individual savings regime resources to the Savings Fund of the Contributory Pillar, managed by the Banco de la República, rather than automatic transfer to Colpensiones.
Asofondos criticized Decree 415 of 2026 for directing these resources to Colpensiones, contradicting the law and Decree 1225 of 2024. Until the savings fund is fully operational, the funds must remain under AFP administration. Entities including the Procuraduría, Banco de la República, and Contraloría warned of macroeconomic risks, financial stability issues, and potential conversion to current spending.
About 120,000 Colombians have used the transfer window: 100,000 active contributors with annual contributions near $690 billion and 20,000 pensioners receiving $450 billion annually in payments. Asofondos supported the Council of State's partial suspension of Decree 415 of 2026 and renewed its request for a Constitutional Court ruling to ensure pension system stability.
