Exempt Resolutions No. 26 and No. 27 of the Superintendency of Pensions, both published on January 26, 2026, set the taxable caps for calculating social security contributions effective January 1, 2026. These are different figures for each regime, and applying them incorrectly is a direct source of outstanding differences, fines, and silent labor contingencies. One month later, Exempt Resolution No. 236 of the same Superintendency (February 10, 2026, published in the Official Gazette on February 24) revoked Resolution No. 26 effective February 1 and adjusted the Unemployment Insurance cap upward.
What changed
The Superintendency of Pensions, through Exempt Resolution No. 26 (issued under Article 6 of Law No. 19,728), set the Unemployment Insurance taxable cap at 135.1 UF effective January 1, 2026. The 2025 cap was 131.9 UF. The adjustment responded to the provisional variation of the Real Wage Index, which the INE reported at 2.4% between November 2024 and November 2025.
On the same day, through Exempt Resolution No. 27 (issued under Article 16 of D.L. No. 3,500 of 1980 and Article 2 of Law No. 21,735, also applicable to health contributions under D.F.L. No. 1/2005 of the Ministry of Health and Law No. 16,744 on Workplace Accidents and Occupational Diseases), the Superintendency set the pension fund, health, and workplace accident taxable cap at 89.9 UF. The 2025 figure was 87.8 UF. The same 2.4% provisional variation was applied.
The rule is clear: from January 1, 2026, all taxable wages are capped at 89.9 UF for pensions, health, and workplace accidents, and at 135.1 UF for unemployment insurance. Payments calculated on outdated caps generate enforceable differences by the fund administrators and are subject to inspection by the Labor Authority.
Update: Exempt Resolution No. 236 (Unemployment Insurance)
On February 10, 2026, the Superintendency of Pensions issued Exempt Resolution No. 236 (published in the Official Gazette on February 24, 2026), which revokes Resolution No. 26 effective February 1, 2026 and sets the new Unemployment Insurance taxable cap at 135.2 UF. The adjustment follows the definitive Real Wage Index variation reported by the INE through Official Letter No. 146 of February 5, 2026, set at 2.5% definitive (instead of the provisional 2.4%) for the November 2024 – November 2025 period. Exempt Resolution No. 27 (pension, health, and workplace accident contributions) was not amended and maintains its cap at 89.9 UF.
What this could mean for your company
If your workforce includes executives, middle management, or technical positions with wages above 87.8 UF, the change requires recalculation. The difference between one cap and another may not seem large in UF, but in pesos and in volume it is a material figure: each worker who was contributing on an outdated cap generates a taxable gap that the employer, as withholding agent, must remit with interest and adjustments.
There is a detail worth not underestimating. The Unemployment Insurance cap is higher than the pension and health cap: 135.1 UF in January and 135.2 UF from February 2026, versus 89.9 UF for pension, health, and workplace accident contributions. These are two different taxable bases for the same worker. The payroll software must distinguish them. If the system equalizes them downward, there is less AFC withholding than required. If it equalizes upward, there is over-withholding on pension and health, creating a problem with the worker.
There is another angle often overlooked. When the cap rises, contributions increase in absolute value for workers who cross from one bracket to the next. Your company's total labor cost moves even if you have not increased a single salary. It is a structural taxable base adjustment, not a compensation policy change.
Finally, remember that non-payment or partial payment of social security contributions has an effect beyond the fine: it triggers the dismissal nullity provision of Article 162 of the Labor Code if the company terminates an employment relationship with unpaid contributions, with the obligation to pay wages until ratification.
What you can do
- Update payroll software parameters in two tranches: (i) January 2026: 89.9 UF for pension, health, and workplace accident contributions and 135.1 UF for AFC; (ii) from February 1, 2026: maintain 89.9 UF for pension, health, and workplace accident contributions and increase to 135.2 UF for AFC (Exempt Resolution No. 236). Document both effective dates in the module.
- Review January payroll and, if you have already run payroll, identify workers with wages above 87.8 UF and recalculate differences. Remit adjustments with applicable interest and adjustments before the next inspection.
- Issue an internal circular for your Payroll team and labor compliance committee with the new caps, the legal basis (Exempt Resolutions No. 26 and No. 27, both dated January 9, 2026, and Exempt Resolution No. 236 dated February 10, 2026, all from the Superintendency of Pensions) and the periodic review protocol for upcoming adjustments.
If you need to audit your payroll structure, verify outstanding differences, or design a taxable cap review protocol, schedule a consultation with Cubillos Lama
This content is for informational purposes only and does not constitute legal advice for any specific case.