Key Benefits:
PROVISIONAL MEASURE # 2.188-9, OF August 24, 2001
Provides on the restructuring of the remuneration of the military of the Armed Forces, changes the Laws nthose 3,765, May 4, 1960, and 6,880, of December 9, 1980, and gives other arrangements.
THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers you the art. 62 of the Constitution, adopts the following Interim Measure, with force of law:
CHAPTER I
DA REMUNERATION
Art. 1º The remuneration of the military personnel of the Armed Forces-Navy, Army and Aeronautics, in the Country, in peacetime, compose of:
I-soldo ;
II-additional:
a) militar ;
b) of habilitation ;
c) of service time, observed the provisions of art. 30 of this Provisional Measure ;
d) organic compensation ; and
and) of permanence ;
III-gratifications:
a) of special locality ; and
b) of representation.
Single Paragraph. The tables of solder, additional and gratuities are the constants of Annex I, II and III of this Interim Measure.
Art. 2º In addition to the remuneration provided at 1º of this Provisional Measure, the military has the following remunerative rights:
I-observed the definitions of art. 3º of this Provisional Measure:
a) daily ;
b) transport ;
c) cost help ;
d) fardamento;
e) food stamp-in ;
f) birth stamp ;
g) benefits-invalidation ; and
h) funeral benefits ;
II-observed the specific legislation:
a) transportation aid
b) preschover assistance ;
c) salarium-family ;
d) additional vacation ; and
e) additional natalino.
Single Paragraph. The values concerning the rights provided for in this article are those set out in specific legislation or constants of Annex IV tables.
Art. 3º For the purposes of this Provisional Measure, you understand how:
I-soles basic monthly installment of remuneration and of the order, inherent in the post or graduation of the military, and is irreducible ;
II-additional military monthly remuneration share due to the military, inherent in each hierarchical circle of military career ;
III-additional habilitation salary monthly remuneration due to the military, inherent in the courses performed with use, as per regulation ;
IV-additional service time portion of monthly remuneration due to the military, inherent in service time, as regulation, observed the provisions of art. 30 of this Provisional Measure ;
V-additional organic compensation portion monthly remuneration owed to the military for compensation of organic wear resulting from the continued performance of special activities, as per regulation ;
VI-additional remaining monthly remunerative instalment due to the military that remains in service after there has been completed the minimum required time for the transfer to paid inactivity, as per regulation ;
VII-gratification of special locality portion monthly remuneration due to the military, when serving in inhospitable regions, as per regulation ;
VIII-gratification of representation:
a) monthly remuneration repayment due to General Officers and the other officers in charge of command, direction, and military organization leadership, as per regulation ; and
b) eventual remunerative installation due to the military by participation in representation, instruction, operational employment or by being at the orders of foreign authority in the Country, as per regulation ;
IX-daily pecuniary right due to the military departing from its registered office, in service of an eventual or transitional character, to another point of the national territory, intended to cover the correspondents' expense, food and urban locomotion as regulations ;
X-transportation pecuniary duty due to the military of the active, when the transport is not carried out on account of the Union, to cost expense in the movements for the interest of the service, in them understood the passage and translation of the respective baggage, for you, your dependents and a domestic employee, from the locality where to reside for another, where you will set residence within the national territory ;
XI-cash cost aid due to the military, paid off in advance, as per regulation:
a) for the cost of locomotion and installation expenses, except for transportation, in the moves with change of headquarters ; and
b) on the occasion of transfer to gainful inactivity, as per the regulation ;
XII-benefits-pharding pecuniary entitlement due to the military to cost spending on faring, as per regulation ;
XIII-benefits-food entitlement due to the military to cost food spending, as per regulation ;
XIV-benefits-birth benefits due to the military on grounds of child birth, as per regulation ;
XV-benefits-disability benefits due to the military in the inactivity, retired as invalid, by incapacity for active service, as per regulation ; and
XVI-receipt-funeral entitlement pecuniary due to the military for the death of the spouse, the companion or companion or the dependent, or still to the beneficiary in the case of the military's demise, as per regulation.
Single Paragraph. The military when on travel the service will be entitled to passages, as regulation.
Art. 4º The remuneration and the military's probes are not subject to the pension, kidnapping or arrest, except in the cases specifically provided for in law.
Art. 5º The right of the military to remuneration has been beginning on the date:
I-of the act of promotion, of the presentation serving convocation or designation for active service, for the Official ;
II-of the act of the designation or declaration, of the presentation serving convocation for the active service, for the Guard-Navy or the Aspirante-a-Official ;
III-of the act of the appointment or promotion to Official, for Suboficial or Sublieutenant ;
IV-of the act of promotion, classification, or engagement, for the other squares ;
V-of the incorporation to the Armed Forces, for summoning and volunteers ;
VI-from the presentation to the competent organization of the Ministry of Defense or Command, when of the initial appointment for any post or graduation of the Armed Forces ; or
VII-from the act of the tuition, to the students of the schools, centres or cores of training of officers and squares and of the preparatory and congenial schools.
Single Paragraph. In the cases of retroactivity, the remuneration is due from the stated dates in the respective acts.
Art. 6º temporarily suspend the right of the military to remuneration when:
I-on leave to treat particular interest ;
II-in the situation of defector ; or
III-aggregate, to exercise strange activities to the Armed Forces, to be in office, employment or non-elective temporary public function, even though in the indirect Federal Public Administration, respected the right of option for remuneration corresponding to the post or graduation.
Single Paragraph. The military that uses the right of option for remuneration does jus to the monthly representation of the post, employment or temporary public function.
Art. 7º The right to remuneration in activity cesses when the military is switched off from the active duty of the Armed Forces by:
I-annulment of incorporation, disincorporation, licensing or dismissal ;
II-exclusion for the sake of discipline or loss of rank and rank ;
III-transfer to paid reservation or retirement ; or
IV-demise.
§ 1º The military, as long as it is not turned off, will continue to perceive remuneration in the activation until the publication of its shutdown, which will not be able to surpass forty-five days of the date of the first official publication of the respective act.
§ 2º The remuneration to which you would make jus, in life, the deceased serviceman, will be paid to your entitled beneficiaries until the completion of the military pension process.
Art. 8º When the military is deemed to be missing or stray, under the terms provided for in Law No. 6,880 of December 9, 1980, their remuneration or order will be paid to those who would be entitled to their military pension.
§ 1º In the case provided for in this article, six months elapse, the habilitation of the recipients to the military pension will begin, ceasing the payment of the remuneration or the probate when initiating the payment of the military pension.
§ 2º Reappearing the military, it will be up to you, if that is the case, the payment of the difference between the remuneration or the probate to which you would do jus and the pension paid to your beneficiaries.
CHAPTER II
OF PECUNIARY RIGHTS WHEN PASSING FOR INACTIVITY
Art. 9º The military, upon being transferred to paid inactivity, in addition to the rights provided for in the arts. 10 and 11 of this Provisional Measure, makes jus:
I-the cost aid provided for in paragraph "b" of the inciso XI of the art. 3º of this Provisional Measure ; and
II-to the value pertaining to the full period of the vacation to which you are entitled and, to the incomplete, in the proportion of a twelve avos per month of effective service.
§ 1º In the case of inciso II of this article, the fraction equal to or greater than fifteen days is considered to be full month.
§ 2º The rights provided for in this article are granted to recipients of military pension in the case of military death in active duty.
CHAPTER III
DOS PROVENTS NA INACITY
Art. 10. The evidence in the remunerated inactivity consists of the following installments:
I-weld or shares of solder ;
II-additional militar ;
III-additional habilitation ;
IV-additional service time, observed the provisions of the art. 30 of this Provisional Measure ;
V-additional organic compensation ; and
VI-additional permanence.
§ 1º For calculation purposes, the oral ones are:
I-integrals, calculated based on the solder ; or
II-proportional, calculated on the basis of quotas of the solder, corresponding to a thirty avos of the weld value, per year of service.
§ 2º Applies the provisions of this article to the calculation of the military pension.
§ 3º The military transferred to the paid reservation ex officio, for having attained the limit age of stay in activity, in the respective post or graduation, or because there is no fulfilled the conditions of choice for access to the generalato, is entitled to full solder.
Art. 11. In addition to the rights envisaged at art. 10, the military in gainful inactivity makes jus a:
I-additional-natalin;
II-benefits-invalidation ;
III-preschover assistance ;
IV-salarium-family ;
V-benefits-natality; and
VI-funeral benefits.
Art. 12. You suspend the right of the military inactive to the perception of taste, when you return to the active, summoned or designated for the performance of office or commission in the Armed Forces, in the form of the legislation in force, as of the date of your presentation to the competent military organization.
Art. 13. Cesses the right to the perception of the proof in the inactivity on the date:
I-from the demise of the military ;
II-of the act that deprives the Official of the post and the rank ; or
III-of the act of exclusion for the sake of the discipline of the Armed Forces, to the square.
CHAPTER IV
DOS DESCONTOS
Art. 14. Discounts are the rebates that may suffer the remuneration or order of the military for fulfillment of obligations assumed or imposed by virtue of provision of law or regulation.
§ 1º The discounts may be mandatory or authorized.
§ 2º The mandatory discounts have priority over the authorized ones.
§ 3º In the application of discounts, the military may not receive an amount less than thirty per cent of its remuneration or order.
Art. 15. Are mandatory discounts from the military:
I-contribution to the military pension ;
II-contribution to the medical-hospital and social assistance of the military ;
III-compensation for the provision of medical-hospital assistance, through military organization ;
IV-taxes incidents on remuneration or order, in accordance with the law ;
V-compensation to the National Farm due to debt ;
VI-alimony or judicial pension ;
VII-fee for use by occupation of residential national itself, as per regulation ;
VIII-fine for irregular occupation of residential national itself, as per regulation.
Art. 16. Authorized discounts are those effected in favor of consignee entities or third parties, as per the regulations of each Force.
CHAPTER V
OF LIMITS OF REMUNERATION AND OF THE ORDER
Art. 17. No military, in active or inactivity, can perceive monthly, in the title of remuneration or order, of higher importance than the raw remuneration of the Force Commander.
Single Paragraph. Please delete, for the purpose of applying this article, the values inherent in:
I-remuneration rights provided for in art. 2º of this Provisional Measure ;
II-additional service time, observed the provisions of the art. 30 of this Provisional Measure ;
III-additional organic compensation ;
IV-special locality gratification ;
V-gratification of representation ; and
VI-additional permanence.
Art. 18. No military or military pension beneficiary can receive, such as remuneration, monthly income or military pension, lower than the minimum wage in force, and you pay, as a complement, the gap found.
§ 1º The military pension that treats the caput of this article is the stem military pension and not the quota shares resulting from the subdivisions to the beneficiaries.
§ 2º Delete from the provisions of the caput of this article the initial military service providers and the special squares except for the Marine Corps and the Aspirant-a-Official.
§ 3º The add-on provided in the caput of this article will constitute parcel of inactivity in addition to those provided for in art. 10 of this Provisional Measure, until it is absorbed on the occasion of future readjustments.
CHAPTER VI
DAS GENERAL, TRANSITIONAL AND FINAL PROVISIONS
I Section
Das General Provisions
Art. 19. The summoned or mobilized do jus to the remuneration provided for in this Interim Measured.
Single Paragraph. To the federal, state or municipal public server is guaranteed the right to opt for the remuneration that it perceived prior to the convocation or mobilization.
Art. 20. The military of the active appointed Ministers of State or Ministers of the Superior Military Tribunal have remuneration established in their own legislation, secured the right of option.
Art. 21. To the military which, on December 29, 2000, is found to be restrained on the grounds of Decree-Law No. 8,795 of January 23, 1946, or in Law No. 2,579 of August 23, 1955, is ensured the calculation of its probents regarding the solder of the post of Second-Lieutenant, or, if more beneficial, that of the post to which he makes jus in the inactivity.
Art. 22. To the military that participate in the construction of roads, aerodromes and public works, mapping and mapping and hydrographic surveying, construction and installation of flight protection network, nautical signalling services and trailer can be awarded gratuities in the manner established in convention with public or private bodies interested in the said work, to the account of resources to these intended.
Art. 23. The military of the paid reservation, and exceptionally the refurbished, which has modified its situation in the inactivity for that forecast for the job provision for the right time, makes jus to an additional equal to three tenths of the ordeal that it is perceiving.
Art. 24. The military who, until 1º March 1976, was entitled to organic compensation for half of the value, when in displacement in military aircraft, service of military nature, not being organic crewman, meteorological observer, aerial observer or photogrammetric observer, has its right secured.
Art. 25. The contribution to the medical-hospital and social assistance is up to three and a half per cent per month and will focus on the plots that make up the pension or the ordeal in the inactivity, as provided for in the art. 10 of this Provisional Measure.
Section II
The Transitional Provisions
Art. 26. As long as no special law is entered into force on campaign remuneration, the arts remain in place. 101 a to 109 of Law No. 5,787 of June 27, 1972.
Section III
Of The Final Provisions
Art. 27. Law No. 3,765 of May 4, 1960 passes vigorously with the following changes:
" Art. 1º Are mandatory contributors to the military pension, upon monthly discount on payroll, all military of the Armed Forces.
Single Paragraph. Delete yourself from the willing caput of this article:
I-the Navy aspirant, the Army and Aeronautics cadet and the student of the schools, centres or the training cores of officers and squares and of the preparatory and congenial schools ; and
II-cables, soldiers, sailors and taifeers, with less than two years of effective service. " (NR)
" Art. 3º-A. The contribution to the military pension will focus on the parcels that make up the slate in the inactivity.
Single Paragraph. The contribution aliquot for the military pension is seven and a half percent. " (NR)
" Art. 4º When the military, for any circumstance, cannot have discounted his contribution to the military pension, he shall be required to collect it immediately to the unit to which it is bound.
Single Paragraph. If, in speaking out the taxpayer, there is contribution debt, it will be up to the beneficiaries to fully saluted it on the occasion of the first payment of the military pension. " (NR)
" Art. 7º The military pension is debited in the habilitation process, taking place on the basis of declaration of beneficiaries filled in life by the taxpayer, in the order of priority and conditions below:
I-first order of priority:
a) spouse ;
b) companion or designated companion or who proves stable union as a family entity ;
c) disquieted person, judicially separated, divorced from the institutor or former coexistence, provided they perceive alimony ;
d) children or stepchildren up to twenty-one years of age or up to twenty-four years of age, whether university students or, if invalid, while they last for disability ; and
e) minor under guard or tutelage up to twenty-one years of age or, if college student, up to twenty-four years of age or, if invalid, while lasting for disability.
II-second order of priority, mother and father who voucher for economic dependence on the military ;
III-third order of priority:
a) the orphaned brother, up to twenty-one years of age or, if college student, up to twenty-four years of age, and the invalid, while lasting for disability, proven the economic dependence of the military ;
b) the designated person, up to twenty-one years of age, if invalid, while lasting for disability, or greater than sixty years of age, who live in the economic dependence of the military.
§ 1º The granting of the pension to the beneficiaries of which they treat inciso I, points "a", "b", "c" and "d", excludes from that right the beneficiaries referred to in the incisos II and III.
§ 2º The pension will be granted in full to the beneficiaries of inciso I, points "a" and "b", or distributed in equal parts between the beneficiaries of that inciso, points "a" and "c" or "b" and "c", legally entitled, except if there are beneficiaries provided for in their paragraphs "d" and "and".
§ 3º ORunning the exception of § 2º, half the value shall be given to the beneficiaries of inciso I, points "a" and "c" or "b" and "c", the other half being the value of the prorated pension, in equal parts, among the beneficiaries of the inciso I, points "d" and "e". (NR)
" Art. 15. The military pension will be equal to the value of the remuneration or of the military's orderlies.
Single Paragraph. The pension of the non-taxpayer of the military pension that comes to speak in the activity in consequence of an accident occurring in service or of the molecular acquired in it may not be inferior:
I-that of aspiring officer or navy, for Army and Aeronautical cadets, navy aspirants and students from the Centers or Núcleos de Preparation for reservation officers ; or
II-to that of third-sergeant, for the other squares and students of the training schools of sergeants. " (NR)
" Art. 23. You will lose the right to military pension the beneficiary who:
I-come to be impeached from the power hall, in respect of quotes-parts of the children, which will be reversed for these children ;
II-achieves, valid and capable, the age limits set out in this Act ;
III-hereby expressly renounder the right ;
IV-has been convicted of felony felony, of which it results the death of the military's military pension instituter or pensioner. " (NR)
" Art. 27. The military pension is not subject to the pension, kidnapping or arrest, except in the cases specifically provided for in law. " (NR)
" Art. 29. Accumulation is permitted:
I-of a military pension with an order of availability, retirement, maturities or retirement ;
II-of a military pension with that of another regime, observed the provisions of the art. 37, inciso XI, of the Federal Constitution. " (NR)
Art. 28. Law No. 6,880 of December 9, 1980 passes vigorously with the following changes:
" Art. 6º Are equivalent the expressions "in the active", "of the active", "in active service", "in service in the active", "in service", "in activity" or "in military activity", conferred on the military in the performance of office, commission, charge, incumbency or mission, service or military activity or considered military nature in the military organizations of the Armed Forces, as well as in the Presidency of the Republic, in the Vice-President of the Republic, in the Ministry of Defence and in the other bodies when provided for in law, or when incorporated into the Armed Forces. " (NR)
" Art. 50. ................................................................................................................................
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II-the provenance calculated on the basis of the full solder of the post or graduation it owned when transferring to paid inactivity, if it is more than thirty years of service ;
III-the provenance calculated on the basis of the full solder of the post or graduation when, not counting thirty years of service, is transferred to the paid reservation, ex officio, for having reached the age limit of permanence in activity at the post or graduation, or have been covered by the compulsory quota ; and
............................................................................................................................................... " (NR)
" Art. 53. The remuneration of the military shall be established in specific legislation, common to (NR)
" Art. 63. ................................................................................................................................
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§ 3º The holiday concession is not impaired by the previous enjoyment of leave for health care, nor by previous punishment arising from contravention or disciplinary transgression, or by the state of war, or for them to be fulfilled acts in service as well as do not nulliate the right to that licence.
............................................................................................................................................... " (NR)
" Art. 67. ................................................................................................................................
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§ 3º The granting of the licence is regulated by the Commander of the Force. " (NR)
" Art. 70. ................................................................................................................................
§ 1º The interruption of the license to treat particular interest may occur:
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d) for compliance with disciplinary punishment, as per the regulations of each Force.
............................................................................................................................................... " (NR)
" Art. 81. ................................................................................................................................
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II-be made available to the exclusive provision of the Ministry of Defence or Armed Force diversely from that to which it belongs, to occupy military office or considered to be of a military nature ;
............................................................................................................................................... " (NR)
Art. 29. Noted for the reduction in remuneration, proof or pension, arising from the application of this Provisional Measure, the value of the difference will be paid for a nominally identified personal advantage, being absorbed on the occasion of future readjustments.
Single Paragraph. The nominally identified personal advantage foreseen in the caput of this article will constitute parcel of inactivity in addition to those provided for in art. 10 of this Provisional Measure, until it is absorbed on the occasion of future readjustments.
Art. 30. It becomes extinct the additional service time provided for in the article "c" of the inciso II of the art. 1º of this Provisional Measure, secured by the military the percentage corresponding to the years of service to which it makes jus on December 29, 2000.
Art. 31. It is assured of the current military, upon specific contribution of a comma five per cent of the art's constant plots. 10 of this Provisional Measure, the maintenance of the benefits provided for in Law No. 3,765 of 1960, until December 29, 2000.
§ 1º It may occur the resignation, in irrevocable character, to the provisions of the caput, which is to be expressed by August 31, 2001.
§ 2º The direct beneficiaries or future reversal of pensioners are also recipients of the maintenance of the benefits provided for in Law No. 3,765 of 1960, until December 29, 2000.
Art. 32. They are assured of the rights of the military that until December 29, 2000, contributed to the military pension corresponding to one or two posts or graduations above than they do jus.
§ 1º The right to pension is conditional upon receipt of twenty-four monthly contributions that will be left to the beneficiaries, allowing them to make the respective payment, or to complete what to fail.
§ 2º The military who, by filling in the legal conditions to be transferred to the remunerated or retired booking, with proof calculated on the welder of the rank or higher undergraduate, come to speak in the active, leave pension corresponding to this situation, observed the provisions of the caput of this article.
Art. 33. The special leave periods, acquired until December 29, 2000, may be enjoyed or counted twice for inactivity, and in that situation for all legal effects, or converted into a sinus in the case of the demise of the military.
Single Paragraph. Full remuneration is assured to the military in enjoyment of special leave.
Art. 34. It is ensured to the military that by December 29, 2000, it has completed the requirements to transfer to the inactivity the right to the perception of remuneration corresponding to the higher hierarchical grade or improvement of that remuneration.
Art. 35. The taxpayer condition is assured to the officer sacked on request and to the licensed or excluded plaza which, until December 29, 2000, contributed to the military pension.
Art. 36. Vacation periods not enjoyed, acquired until December 29, 2000, will be able to be counted double for inactivity.
Art. 37. It is ensured by the military the addition of one year of service for every five years of effective service provided, by December 29, 2000, by the officer of the various bodies, tables and services possessing university course, recognized officially, provided that this course has been an essential requirement for its admission to the Armed Forces, until this addition completes the total of years of normal duration of the respective course.
Art. 38. It is the Executive Power authorized to edit act which anticipates the application of Table II of Annex II of this Interim Measeur, observed the provisions of the sole paragraph of art. 21 of Supplementary Law No. 101 of May 4, 2000.
Art. 39. The acts practiced on the basis of the Provisional Measure No. 2.188-8, of July 27, 2001, shall be convalidated.
Art. 40. This Provisional Measure comes into force on the date of its publication, generating financial effects from 1º January 2001.
Art. 41. They stay revoked the art. 2º, the § § 1º, 2º, 3º, 4º and 5º of the art. 3º, the arts. 5º, 6º, 8º, 16, 17, 18, 19 and 22 of Law No 3,765 of May 4, 1960, the paragraph "j" of inciso IV and § 1º of the art. 50, the § 5º of the art. 63, the paragraph "a" of § 1º of the art. 67, the art. 68, the § § 4º and 5º of the art. 110, the incisos II, IV and V, and the § § 2º and 3º of the art. 137, the arts. 138, 156 and 160 of Law No. 6,880 of December 9, 1980, the art. 7º of Law No. 7,412 of December 6, 1985, the art. 2º of Law No. 7,961 of December 21, 1989, the art. 29 of Law No. 8,216 of August 13, 1991, Law No. 8,237 of September 30, 1991, the Art. 6º of Law No. 8,448 of July 21, 1992, the arts. 6º and 8º of Law No. 8,622 of January 19, 1993, the Delegated Act No. 12 of August 7, 1992, the inciso I of the art. 2º and the arts. 20, 25, 26 and 27 of Law No. 8,460 of September 17, 1992, the art. 2º of Law No. 8,627 of February 19, 1993, Law No. 8,717 of October 14, 1993, point "b" of the inciso I of the art. 1º of Law No. 8,852 of February 4, 1994, the arts. 3º and 6º of Law No. 9,367 of December 16, 1996, the arts. 1º to 4º and 6º of Law No. 9,442 of March 14, 1997, and Law No. 9,633 of May 12, 1998.
Brasilia, August 24, 2001 ; 180º of Independence and 113º of the Republic.
FERNANDO HENRIQUE CARDOSO
Geraldo Magela of the Quintan Cross
Pedro Malan
Martus Tavares
