Council of State pauses Decree 0415 pension fund transfers

This decision resolves an urgent interim relief request in a nullity action against Decree 0415 of 2026, partially suspending its effects, particularly regarding the transfer of pension resources for affiliates who have not yet consolidated their pension rights.

What did the Council of State decide?

• Ordered a partial suspension of the decree, specifically concerning the immediate transfer of funds from AFPs to Colpensiones for non-pensioned affiliates.
• The suspension mainly affects Chapter 5, which regulated such transfers.

Why was the decree partially suspended?

The court found preliminary indications that the decree

• May have exceeded regulatory powers by advancing the timing of resource transfers without sufficient legal basis.
• Could contradict prior regulations requiring transfers only upon pension entitlement consolidation.
• Might affect legal certainty and legitimate expectations of affiliates.

Considerations:

• The measure was granted under an urgent procedure, due to the short deadlines imposed by the decree (20 and 10 days).
• The court considered that implementation could lead to potentially irreversible effects.
• The aim is to preserve the status quo, keeping resources under AFP administration until a final ruling or pension consolidation occurs.

Relevance:

• Temporarily halts the mass transfer of pension funds.
• Reinforces judicial oversight over regulatory authority.

Scope of the suspension:

• The decree is not fully suspended.
• The measure applies only to affiliates without consolidated pension rights.
• Provisions concerning pensioned affiliates remain in force at this stage.

Validity: The suspension is temporary, pending a final decision on the nullity action.