👴 Shared Pensions: An Employer's Right
The Labor Chamber of the Supreme Court of Justice has repeatedly stated that pension sharing only creates an obligation on the employer to cover the higher amount resulting from the difference between the old-age pension and the extralegal retirement pension.
The Legal Basis
Pursuant to Agreement 049 of 1990, the extralegal retirement pension accrued as of October 17, 1985, is shareable with the old-age pension when contributions have been made to the old-age, death, and disability insurance schemes.
⚖️ Judgment SL 6373-2015
"The amounts that the employer pays after the time when sharing begins to operate are those that the social security entity must actually cover, and the amounts paid must be returned to the company's assets once the subrogation is formalized."
— Supreme Court of Justice, Labor Cassation Chamber