Provisional Measure No. 2,188-9, 24 August 2001

Original Language Title: Medida Provisória nº 2.188-9, de 24 de Agosto de 2001

Read the untranslated law here: https://www.global-regulation.com/law/brazil/2895038/medida-provisria-n-2.188-9%252c-de-24-de-agosto-de-2001.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$19.99.
Provisional measure no. 2,188-9, of 24 AUGUST 2001 on restructuring the military Armed Forces compensation, changes in laws, 3765 may 4 1960, and 6880, of 9 December 1980, and other matters.
The PRESIDENT of the REPUBLIC, in the use of the role that gives the art. 62 of the Constitution, adopts the following provisional measure, with force of law: chapter I the REMUNERATION Art. 1 the remuneration of members of the military Armed Forces-Navy, army and air force, in that country, in time of peace, consists of: I-pay;
II-additional: the military);
b) license;
c) of length of service, subject to the provisions of art. 30 of this provisional measure;
d) organic compensation; and (e));
III-gratuities: the special locale); and (b)).
Sole paragraph. Pay tables, and additional bonuses are listed in annexes I, II and III of this provisional measure.
Art. 2 in addition to the remuneration provided for in art. 1st of this provisional measure, the military has the following rights: (I) remuneration-subject to definitions of art. 3 of this provisional measure: the daily);
(b));
c) allowance;
d) aid-uniforms;
and) food stamps;
f) birth allowance;
g) invalidity benefits; and h) funeral assistance;
II-the specific legislation: the transport aid;)
b) pre-school assistance;
c) family allowance;
d) additional holiday; and (e)).
Sole paragraph. The values for the rights provided for in this article are those set out in specific legislation or listed in the tables of annex IV.
Art. 3 for the purposes of this provisional measure, it is understood as: I-pay monthly pay and basic portion of proceeds, inherent in the post or the military graduation, and is adamant;
II-additional monthly payment installment due to military military, inherent to each tiered circle of military career;
III-additional enabling installment monthly remuneration due to the inherent military courses held successfully, according to regulations;
IV-additional service time monthly remuneration due to the military portion, inherent in the length of service as rules, subject to the provisions of art. 30 of this provisional measure;
V-additional compensation pay monthly installment due to organic to organic wear compensation resulting from the continued performance of special activities, according to regulations;
VI-additional monthly payment installment due to the permanence that remain in service after be completed the minimum time required for the transfer for consideration, as inactivity rules;
VII-special locale bonus installment monthly remuneration due to the military, when serving in inhospitable regions, according to regulations;
VIII-representation: the bonus) monthly remuneration portion due to officers Generals and other officers in command post, direction and leadership of military organization, as rules; and (b) any remuneration due to) installment of the participation of military representation, education, employment or be operating under foreign official in the country, according to regulations;
IX-monetary law daily due to the military away from its headquarters, in service of any character or transient, to another point of the national territory, to cover the corresponding costs of pousada, feeding and locomotion, as rules;
X-monetary law transport due to active duty military, when the transport is not carried out on behalf of the Union, to defray expenses in the interest of the service, drives them understood the passage and translation of their luggage, for you, your dependents and a domestic employee, the location where you reside to another, where shall the residence within the national territory;
XI-law Monetary allowance due to the military, prepaid, as regulation: a) for funding the costs of transportation and installation, except those of transport, on drives with change of headquarters; and b) at the time of transfer to the remunerated, as has the dead;
XII-aid-monetary law due to military uniforms to defray expenses for uniforms, according to regulations;
XIII-food stamps cash due to military law to fund spending on food, according to regulations;
XIV-birth-aid money due to military duty by reason of birth of son, according to regulations;
XV-aid-right monetary disability due to military inactivity, retired as invalid, by inability to active service as rules; and XVI-funeral aid money due to military law by death of spouse or partner or companion, or to the beneficiary in case of death of the military, according to regulations.
Sole paragraph. The military when on trips to get service tickets, according to regulations.
Art. 4 remuneration and the proceeds of the military are not subject to seizure, kidnapping or arrest, except where specifically provided for in law.
Art. 5 military law the remuneration starts on the date: (I)-the Act of promotion, the presentation given summons or designation for active service, to the officer;
II-the Act of designation or declaration, the presentation given summons to active service, to the Ensign or the midshipman;
III-the Act of appointment or promotion to officer to petty officer or warrant officer;
IV-the Act of promoting, sorting, or engagement, for the other squares;
V-the incorporation to the armed forces, to summoned and volunteers;
I saw the presentation to the competent organisation of the Ministry of Defense or command, when the initial appointment to any post or graduate of the armed forces; or VII-the Act of registration, to the pupils of the schools, centres or official training centers and plazas and preparatory schools and the like.
Sole paragraph. In the case of retroactivity, compensation is payable from the date stated in the respective acts.
Art. 6 temporarily suspended the military right to remuneration when: i. on leave to take care of particular interest;
II-a deserter; or III-aggregate, to engage in strange activities to the armed forces, is in Office, employment or temporary non-elective public service, even if indirect, Federal public administration respected the right of option by the remuneration corresponding to the post or graduation.
Sole paragraph. The military use of the right of option by the remuneration resemble monthly representation Office, employment or temporary civil service.
Art. 7 the right to remuneration in activity ceases when the military shuts down from active service of the armed forces by: I-cancellation of incorporation, unembed, licensing or dismissal;
II-deletion for the sake of discipline or loss of rank and rank;
III-transfer to the remunerated reserve or reform; or IV-death.
(1) the military, until it is turned off, will continue to realize active remuneration until the publication of his shutdown, which may not exceed 45 days from the date of first publication of the respective Act.
§ 2 the compensation that would do justice, in life, the deceased military, will be paid to your beneficiaries entitled to the conclusion of the process concerning the military pension.
Art. 8 When the military is considered missing or misplaced, as provided for in law No. 6880 of December 9 1980, their remuneration or proceeds shall be paid to that would have entitled to his military pension.
(1) in the case referred to in this article, after six months, will start enabling beneficiaries to military pension, ceasing the payment of remuneration or the proceeds when you start paying the military pension.
§2 Reappearing the military, he will, if applicable, the payment of the difference between the remuneration or proceeds to which would jus and the pension paid to their beneficiaries.
CHAPTER II of the ENTITLEMENTS when CHANGING to the DEAD Art. 9 the military, to be transferred to the inactivity remunerated, in addition to the rights provided for in arts. 10 and 11 of this provisional measure, does justice: I-the allowance referred to in paragraph "b" of section XI of the art. 3 of this provisional measure; and II-the value for the period of vacation to which he is entitled and the incomplete, in the proportion of round 1 12 per month of effective service.
(1) in the case of item (II) of this article, the fraction less than fifteen days is considered as a full month.
(2) The rights provided for in this article shall be granted to the beneficiaries of the military pension in case of death of the active military.
CHAPTER III the PROCEEDS on INACTIVITY. 10. The proceeds on inactivity are the following installments paid: I-pay or pay fees;
II-additional military;
III-additional license;
IV-additional service time, subject to the provisions of art. 30 of this provisional measure;
V-additional organic compensation; and saw additional stay.
(1) for the purposes of calculation, the proceeds are: I-integrals, calculated based on salary; or

II-proportional, calculated on the basis of quotas, corresponding to 1:30 round of salary per year of service.
paragraph 2 shall apply the provisions of this article to military pension calculation.
§ 3 the military transferred to the remunerated reserve ex officio, for having reached the age limit to remain active in its rank or graduation, or because there is no completed the conditions for access to the generalship, is entitled to full pay.
Art. 11. In addition to the rights provided for in art. 10, the military in inactivity remunerated lives up to: I-additional-natalino;
II-disability allowance;
III-pre-school assistance;
IV-family allowance;
V-birth allowance; and VI-funeral assistance.
Art. 12. Suspends the right of inactive military perception of earnings, when you return to active duty, summoned or appointed for Office or Commission in the armed forces, in accordance with the legislation in force, from the moment of their submission to the competent military organisation.
Art. 13. The right to realization of proceeds on inactivity at the date: (I)-death of the military;
II-the Act that the official prive and the patent; or (III)-the Act of deletion for the sake of discipline of the armed forces, to the square.
CHAPTER IV of Art. 14. discounts are discounts that may suffer the remuneration or the proceeds of the military to comply with obligations assumed or imposed by virtue of provision of law or regulation.
§1 the discounts may be required or authorized.
(2) The compulsory deductions take precedence over the allowed.
(3) in the application of discounts, the military cannot receive less than half of the 30% of their remuneration or proceeds.
Art. 15. Are required military discounts: I-contribution to the military pension;
II-contribution to the healthcare and social assistance of the military;
III-compensation for the provision of medical and hospital assistance, through military organization;
IV-taxes on the remuneration or proceeds in accordance with the law;
V-compensation to the National Treasury as a result of debt;
VI-alimony or lawsuit;
VII-use rate by occupation of own residential, as national regulations;
VIII-fine for irregular occupation of own residential, as national regulations.
Art. 16. authorized Discounts are made in favor of consignatárias entities or third parties, according to regulations of each force.
Chapter V COMPENSATION LIMITS and the PROCEEDS. 17. No military, active or dead, can figure out monthly, by way of remuneration or earnings, higher than the gross remuneration importance Commander of force.
Sole paragraph. This excludes, for order of application of this article, the values inherent in: I-payment rights provided for in art. 2 of this provisional measure;
II-additional service time, subject to the provisions of art. 30 of this provisional measure;
III-additional organic compensation;
IV-Special locale gratification;
V-bonus of representation; and saw additional stay.
Art. 18. No military or military pension beneficiary may receive, as compensation, monthly earnings or military pension, value less than the minimum wage in force, shall be paid, in addition to, the difference found.
§ 1 the military pension referred to in the caput of this article is the military pension and stem parts resulting from the quotas not subdivisions to beneficiaries.
paragraph 2 are excluded from provisions in the caput of this article the squares providing initial military service and the special squares, except the ensign and the midshipman.
§ 3 the supplement referred to in the caput of this article shall constitute portion of proceeds in inactivity, as well as those provided for in art. 10 of this provisional measure, until it is absorbed on the occasion of future adjustments.
CHAPTER VI MISCELLANEOUS, transitional and final provisions section I General provisions Art. 19. The invited or mobilized are entitled to remuneration referred to in this provisional measure.
Sole paragraph. The federal public servant, State or municipal level is guaranteed the right to opt for the remuneration that realized before the summons or mobilization.
Art. 20. The active military appointed Ministers of State and Ministers of the Superior Military Tribunal have remuneration established in legislation itself, ensured the right of option.
Art. 21. The military that, on 29 December 2000, retired based on Decree-Law No. 8795, of 23 January 1946, or in law No. 2579, 23 August 1955, secures the calculation of their earnings for the pay of the rank of second lieutenant, or, if more beneficial, the post to which he lives up in idleness.
Art. 22. The military to participate in the construction of roads, airports and public works, mapping and cartographic, hydrographic survey and construction and installation of safety net to flight, nautical signalling services and trailer can be assigned to bonuses in the form established in agreement with public or private bodies interested in this work, the care of these resources.
Art. 23. The remunerated reserve military, and uniquely the retired, who have modified their situation in downtime for that laid down for the provision of task time, lives up to an additional three-tenths of the proceeds that are realizing.
Art. 24. The military that, until March 1, 1976, was entitled to compensation for half the organic value, when in offset in military aircraft, the service of a military nature, not being organic, meteorological observer crew member, observer or spotter photogrammetric, has their rights secured.
Art. 25. The contribution to the healthcare and social assistance is up to three and a half by 100 a month and will focus on the parcels that make up the pension or the proceeds in inactivity, as provided for in art. 10 of this provisional measure.

Section II of the transitional provisions Art. 26. While no law enters into force with about remuneration in campaign, remain in effect the arts. 101 to 109 of law No. 5787, 27 June 1972.

Section III Final Provisions Art. 27. Law No. 3765, may 4 1960, goes into effect with the following changes: "Art. 1st Are required military pension contributors by monthly discount on payroll, all military personnel of the armed forces.
Sole paragraph. Excluded are the provisions in the caput of this article: I-the midshipman, the army and air force cadets and students of schools, centres or official training centers and plazas and preparatory schools and similar products; and II, soldiers, sailors and taifeiros, with less than two years of effective service. " (NR)
"Art. 3A. The military pension contributions will focus on the parcels that make up the proceeds on inactivity.
Sole paragraph. The rate of contribution to the military pension is seven and a half percent. " (NR)
"Art. 4 When the military, for any circumstances, cannot be deducted from its contribution to the military pension, should he make his payment, immediately, to the unit that is linked.
Sole paragraph. If, when he died the taxpayer, there is contribution debt, pay it in full to the beneficiaries, on the occasion of the first payment of military pension. " (NR)
"Art. 7 the military pension is deferred in enabling process, based on the Declaration of life filled by the taxpayer, in order of priority and the following conditions: (I) first priority: a) spouse;
b) partner or companion designated or certifying stable family entity;
c) person divorced, legally separated, divorced from the settlor or the ex-convivente, since they realize child support;
d) children or stepchildren up to twenty-one years of age or up to twenty-four years of age, if college students or, if invalid, for the duration of the disability; and e) minor ward or tutelage until twenty-one years of age or, if a college student, up to twenty-four years of age or, if invalid, for the duration of the disability.
II-second order of priority, the mother and the father to prove economic dependence of the military;
III. third priority: the orphan, until brother) twenty-one years of age or, if a college student, up to twenty-four years of age, and the invalid, as long as the invalidity, proven economic dependence of the military;
(b)) the person designated, until twenty-one years of age, if invalid, for the duration of the disability, or greater than 60 years of age, who live in the economic dependence of the military.
(1) the grant of the pension beneficiaries of which deal with the item I (a) "a", "b", "c" and "d" deletes the right beneficiaries referred to in items II and III.
(2) the pension shall be granted in full to beneficiaries of section I, paragraph 1 (a) "a" and "b", or distributed equally among the beneficiaries of that sub-item (a) "a" and "c" or "b" and "c", legally authorized, except if there are beneficiaries referred to in its paragraph 1(a) "d" and "e".
§ 3 the exception of § 2, half the value will fit to the recipients of the item I (a) "a" and "c" or "b" and "c", with the other half of the value of the pension prorated in equal parts, between the beneficiaries of the item I (a) "d" and "e". (NR)

"Art. 15. The military pension will be equal to the amount of remuneration or the proceeds of the military.
Sole paragraph. The military pension pension military contributor to his death in the activity as a result of an accident occurred in service or disease it acquired shall not be less than: I-the aspiring midshipman for the officer or cadets from the army and air force, Navy and aspiring students of centers or nuclei of Preparation of reserve officers; or (II)-the third Sergeant, for the other squares and students of schools of formation of sergeants. " (NR)
"Art. 23. No additional military pension the beneficiary: (I)-come to be deprived of paternal power, with regard to their children, shares which are rolled back to these children;
II-attains, valid and capable, the age limits established in this law;
III-expressly renounces the right;
IV-has been convicted of crime of willful nature, resulting in the death of the settlor of the boarder or military military pension. " (NR)
"Art. 27. The military pension is not subject to seizure, kidnapping or arrest, except in the cases specifically provided for by law. " (NR)
"Art. 29. the accumulation is allowed: I-a military pension with earnings, availability, salary or retirement reform;
II-a military pension to another scheme, subject to the provisions of art. 37, section XI, of the Constitution. " (NR)
Art. 28. Law No. 6880 of December 9 1980, goes into effect with the following changes: "Art. 6 are equivalent to the terms "active", "active", "on active service", "in the line of duty on active duty", "service", "active" or "in military activity", assigned to the military in the performance of Office, Commission, charge, assignment or mission, service or military activity or considered of a military nature in military organizations of the armed forces, as well as the Presidency of the Republic, in the Vice Presidency of the Republic in the Ministry of Defense and other agencies when provided for by law, or when incorporated into the Armed Forces. " (NR)
"Art. 50. ................................................................................................................................
.........................................................................................................................................................
II-the earning calculated based on full pay from his post or who possessed when transferring to remunerated inactivity, if you count with more than thirty years of service;
III-the earning calculated based on full pay of rank or degree when, not counting thirty years of service, is transferred to the reserve remuneration, ex officio, to have reached the age-limit of stay in post or in graduate, or have been covered by the compulsory quota; e
..............................................................................................................................................." (NR)
"Art. 53. the remuneration of the military will be established in specific legislation, common to the Armed Forces. " (NR)
"Art. 63.......................................................................................................................................................................................................................................................................................... § 3 the granting of vacation is not undermined by previous enjoyment for health treatment, nor by previous punishment arising from contravention or disciplinary transgressions, or the State of war, or to be completed acts in service, as well as not invalidate the right to that license.
..............................................................................................................................................." (NR)
"Art. 67. ................................................................................................................................
.........................................................................................................................................................
§ 3º A concessão da licença é regulada pelo Comandante da Força." (NR)
"Art. 70................................................................................................................................. § 1 the termination of license to treat private interest may occur: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... d) for fulfillment of disciplinary punishment, according to regulations of each force.
..............................................................................................................................................." (NR)
"Art. 81. ................................................................................................................................
.........................................................................................................................................................
II-is made available exclusively by the Ministry of defence or of different armed force that belongs to occupy military position or considered a military nature;
..............................................................................................................................................." (NR)
Art. 29. Seen a reduction in remuneration, pension, or proceeds arising from the application of this provisional measure, the value of the difference will be paid by way of personal advantage nominally identified, being absorbed in the course of future adjustments.
Sole paragraph. The personal advantage nominally identified as provided for in this section caput will be portion of proceeds on downtime, in addition to those provided for in art. 10 of this provisional measure, until it is absorbed on the occasion of future adjustments.
Art. 30. Is extinct the additional service provided for in subparagraph "c" of item II of art. 1st of this provisional measure, assured the military percentage corresponding to years of service that do live up to 29 December 2000.
Art. 31. Is ensured to current military, through specific contribution of a comma in the parcels 5% art. 10 of this provisional measure, the maintenance of the benefits provided for in law No. 3765, 1960, until 29 December 2000.
§1 the resignation, may occur in irrevocable character of the caput, which should be expressed until 31 August 2001.
§ 2 The direct beneficiaries or for future rollback of pensioners are also recipients of the maintenance of the benefits provided for in law No. 3765, 1960, until 29 December 2000.
Art. 32. Are assured military rights until 29 December 2000, contributed to the military pension corresponding to one or two posts or degrees above that do justice.
(1) the right to pension is conditional on receipt of twenty-four monthly contributions that will be left to the beneficiaries, allowing these make payment, or completing the remaining.
§ 2 the military that, fulfilling the legal conditions to be transferred to the remunerated reserve or retired with earnings calculated on the salary of the post or higher degree, come on active duty, he will leave pension corresponding to this situation, subject to the provisions of this section caput.
Art. 33. The periods of special leave, acquired until 29 December 2000, can be enjoyed or counted twice for inactivity, and in this situation for all legal purposes, or converted into pecúnia in the event of the death of the military.
Sole paragraph. Is ensured to full pay while on special leave military.
Art. 34. Is assured the military that, until 29 December 2000, has completed the requirements for transfer to the inactivity of the right to remuneration corresponding to the perceived hierarchical superior level or improvement of this remuneration.
Art. 35. Is assured the officer fired contributor condition on request and to the licensed or deleted that, until 29 December 2000, contributed to the military pension.
Art. 36. The periods of leave not taken, acquired until 29 December 2000, may be counted twice for inactivity.
Art. 37. the military secures the addition of a year of service for each five years of effective service time, until 29 December 2000, by the various official bodies, frames and services that possess University course, officially recognized, provided that this course has been essential requirement for admission in the military, until this addition complete the total of years of normal duration of their course.
Art. 38. the Executive Is authorized to edit Act that anticipates the application of Table II of annex II of this provisional measure, subject to the provisions of the sole paragraph of art. 21 of complementary law No. 101, of 4 May 2000.
Art. 39. Are convalidados the acts performed on the basis of provisional measure no. 2,188-8, of July 27 2001.
Art. 40. This provisional measure shall enter into force on the date of its publication, generating financial effects from January 1, 2001.

Art. 41. Are repealed art. 2, §§ 1, 2, 3, 4 and 5 of art. third, the arts. 5, 6, 8, 16, 17, 18, 19 and 22 of law No. 3765, of 4 May 1960, the subclause "j" of section IV and paragraph 1 of art. 50, § 5 of art. 63, paragraph "a" of §1 of art. 67, art. 68, the §§ 4 and 5 of art. 110, items II, IV and V and §§ 2 and 3 of art. 137, the arts. 138, 156 and 160 of Act No. 6880 of December 9 1980, art. 7 of law nº 7412, 6 December 1985, art. 2 of law No. 7961, of 21 December 1989, art. 29 of law No. 8216, of 13 August 1991, law No. 8237, of 30 September 1991, art. 6 of law No. 8448, of 21 July 1992, the arts. 6 and 8 of law No. 8622, of 19 January 1993, the Delegated Law No. 12, of 7 August 1992, the item I of art. 2 and the arts. 20, 25, 26 and 27 of law No. 8460, of 17 September 1992, art. 2 of law No. 8627, of 19 February 1993, the law n° 8717, of 14 October 1993, the item "b" of sub-item I of art. 1 of law No. 8852, of 4 February 1994, the arts. 3 and 6 of law No. 9367, of 16 December 1996, the arts. 1st to 4th and 6th of law No. 9442, of 14 March 1997, and law No. 9633, of 12 May 1998.
Brasília, 24 August 2001; 180 degrees of independence and 113 of the Republic.
FERNANDO HENRIQUE CARDOSO Geraldo Magela da Cruz Quintão Pedro Malan Martus Tavares

Related Laws