Substitutive Compensation in the Military Regime
Respect for the principles of favourability and equality, in cases where the minimum guarantees are not in place
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The regime of the public force, which is made up of the personnel of Officers, Non-Commissioned Officers, Agents and Members of the Executive Level of the Military Forces or the National Police, belonging to a special or exceptional regime, contemplated in article 279 of Law 100 of 1993. Far from giving favourable and generous treatment to this group of people due to the high risk activity they carry out and in many cases are subjected to exhausting and long working hours, they do not have the possibility of accessing the right to the Substitutive Indemnity or Refund of balances contemplated i...
The regime of the public force, which is made up of the personnel of Officers, Non-Commissioned Officers, Agents and Members of the Executive Level of the Military Forces or the National Police, belonging to a special or exceptional regime, contemplated in article 279 of Law 100 of 1993. Far from giving favourable and generous treatment to this group of people due to the high risk activity they carry out and in many cases are subjected to exhausting and long working hours, they do not have the possibility of accessing the right to the Substitutive Indemnity or Refund of balances contemplated in the general Pension regime, due to the non-existence of these legal figures in its existing regulations. Therefore, by virtue of the principles of favourability and equality, through the jurisprudence of the high courts, the obligation of the pension administrators has been established, to give full application of the rules that are more favourable to the worker, member or beneficiary, in equal cases and situations that do not have the minimum guarantees established in the general pension scheme enshrined in Law 100 of 1993.
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