Summary.
The draft bill proposes to repeal Law 462 of March 18, 2025 upon promulgation. That law amended, added or repealed articles of Law 51 of December 27, 2005, concerning the Organic Law of the Social Security Fund (Caja de Seguro Social). The draft bill would consequently reinstate provisions of Law 51 of December 27, 2005 and legal and regulatory rules affected by Article 243 of Law 462 of March 18, 2025.
Article 2 lists the articles and section headings of Law 51 of December 27, 2005 whose force it proposes to restore. It also provides for the repeal of articles introduced by the 2025 reform and the reinstatement of other articles, along with the numbering and headings of two sections of that law. The article defines the scope of these changes by expressly listing the affected provisions.
The reinstatement extends to Articles 25 and 31, item (a) of Article 32, and Article 60 of Cabinet Decree 68 of May 31, 1970; Article 6 of Law 41 of June 30, 2009; and the third paragraph of Article 1 and Articles 46, 47, 237, 261, 262, 263 and 264 of Law 419 of February 1, 2024. The same article proposes to repeal Article 99-A added to Law 135 of April 30, 1943, as well as Articles 54-A, 54-B, 54-C and 96-A through 96-F of Law 419 of February 1, 2024.
To implement Article 37 of the Civil Code (Código Civil), Article 3 provides that the reinstated legal and regulatory rules be published in the Digital Official Gazette (Gaceta Oficial Digital) alongside promulgation of the proposed law. Article 4 establishes a High-Level Decision Commission to develop a new organic law for the Social Security Fund. It would include health, economy and social security officials associated with the Executive Branch (Órgano Ejecutivo), empowered to make decisions; a mediator representing the Church; the Ombudsman (Defensor del Pueblo); and representatives of health professional groups, teachers, workers, construction workers and Indigenous groups or other groups convened for that purpose. The commission would operate until the new law is completed and approved.
The draft bill declares the proposed law a matter of public order and social interest, gives it retroactive effect and sets its commencement upon promulgation. In Panama (Panamá), its provisions concern the Social Security Fund, the Executive Branch and the Ombudsman, and could be of interest to the health, education, labor and construction sectors and the Indigenous groups represented on the commission.
What it proposes.
- Repeal of the 2025 reform to the Social Security Fund’s organic law.
- Reinstatement and repeal of related statutory provisions.
- Publication of reinstated rules and development of a new organic law.
Who it would affect.
- Social Security Fund (Caja de Seguro Social)
- Executive Branch and officials serving on the commission
- Professional groups and sectors represented on the commission
- Persons subject to the reinstated or repealed provisions
Key points.
- Proposes to repeal Law 462 of March 18, 2025 upon promulgation of the proposed law.Art. 1
- Reinstates the listed provisions of Law 51 of December 27, 2005 and repeals articles introduced by the 2025 reform.Art. 2
- Reinstates provisions of Cabinet Decree 68 of May 31, 1970, Law 41 of June 30, 2009 and Law 419 of February 1, 2024; repeals provisions of the latter and an article added to Law 135 of April 30, 1943.Art. 2
- Requires publication in the Digital Official Gazette of the reinstated legal and regulatory rules alongside promulgation of the proposed law.Art. 3
- Establishes a High-Level Decision Commission comprising public officials, a mediator and sector representatives to develop a new organic law for the Social Security Fund.Art. 4
- Declares the proposed law a matter of public order and social interest and gives it retroactive effect.Art. 5
- Sets the proposed law’s commencement upon its promulgation.Art. 6