Provisional Measure No. 2,022-18, Of 21 June 2000

Original Language Title: Medida Provisória nº 2.022-18, de 21 de Junho de 2000

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Provisional measure no. 2,022-18, of 21 June 2000.
It establishes criteria for the consolidation, the assumption and refinancing, by the Union, public debt and other securities that specifies, the responsibility of the Municipalities.
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: Art. first Is the Union authorized, until 15 June 2000, to assume the following obligations of responsibility of Municipalities: I-debt to domestic or foreign financial institutions, whose contracts have been signed until 31 January 1999, including the resulting from transformation of anticipation of budget revenue in long-term debt;
II-debt to domestic or foreign financial institutions, due to transfer of credit signed until 31 January 1999;
III-internal securities debt constituted until 12 December 1995 or that, after that date, constitutes simple scrolling previous securities debt;
IV-external securities debt constituted until 12 December 1995 or that, after that date, constitutes simple scrolling previous securities debt;
V-debt on anticipation of budget revenue operations, contracted until 31 January 1999; and I saw debt on credit operations held with financial institutions as financial agent of the Union of States or of funds and government programs, regularly constituted.
(1) for the purposes of sections I, III, V and VI, shall be considered as only registered operations, until 31 January 1999, the Central Bank of Brazil.
§ 2 May be object of Asuncion by the debts of the municipal public administration entities indirectly, suitable in items I to VI of the caput and previously assumed by the Municipality.
§ 3 the service the debts mentioned in subparagraphs I, II, V and VI of the caput of this article, don't pay and with maturity, or any form of liability that has occurred between 31 January 1999 and the date of signature of the refinancing agreement can be refinanced by the Union, in compliance with the conditions laid down in this provisional measure, except: (I) term : up to 180 months, with monthly installments and in a row, winning the first on the date of signature of the contract and other refinancing, on the due dates laid down for the remainder of the debts refinanced under the terms of this provisional measure;
II-charges: equivalent to the average cost of internal securities debt funding from the Federal Government (SELIC rate) plus, in case of default, arrears interest of 1% per year, on the balance due prior to date;
III-extra-limite of other debts refinanced in the form of this provisional measure and the law No. 8727, of 5 November 1993; and IV-monthly amortization of at least 1,000 R$ .00 (1000 reais), in addition to the provided for in paragraph 1 of art. 2.
paragraph 4 shall not be covered by the assumption referred to in this article or by refinancing referred to in the following article: I-debts renegotiated on the basis of the laws on 7976, of December 27 1989, and 1993, 8727;
II-the debts relating to external debt renegotiation object within the Brazilian Plan debt financing (BIB, BEA, DMLP and Paris Club);
III-the portions of the debts referred to in subparagraphs I, II, III, V and VI of the caput of this article that have not been disbursed by the financial institution until 31 January 1999; and IV-external debts with multilateral international bodies or governmental agencies of foreign credit.
paragraph 5 of this article shall be preceded by the application of negative goodwill on the balance due of the obligations, as established by the Executive branch.
paragraph 6 may the Union in their salaries, provide the necessary resources for the payment of debt clause IV of the caput of this article, incorporating the amount paid the balance due of the refinancing.
Art. 2nd the debts assumed by the Union will be refinanced to the municipalities, observing the following: I-term: up to 360 monthly and successive installments, calculated based on the Price Table, winning the first by up to thirty days after the signing of the contract and the following in the same day of subsequent months;
II-interest: calculated and charged monthly at a rate of 9% per year, about the previously updated debit balance;
III-restatement: calculated and charged monthly based on the variation of the general price index-Internal Availability (IGP-DI), calculated by the Getúlio Vargas Foundation, or other content that comes to replace him;
IV. adequate safeguards that will include mandatory, binding of own revenue and resources to dealing with the arts. 156, 158 and 159, subparagraph I,? b?, and paragraph 3, of the Constitution, and the complementary law No. 87, of 13 September 1996.
V 13% commitment to limit the Actual Net revenue-RLR, for the purpose of meeting the obligations corresponding to the refinanced debt service;
SAW-in case of non-compliance with contractual obligations, without prejudice to the other contractual cominações, the costs referred to in items II and III shall be replaced by the average rate set daily funding calculated in the Special System for settlement and custody (SELIC), released by the Central Bank of Brazil, plus 1% per year, amounting to four percentage points the commitment limit established in the preceding paragraph;
VII-in the event of tardiness in paying, without prejudice to the application of the provisions of the preceding paragraph, the value of the supply will be updated by the average rate set daily financing established in the SELIC, disclosed by the Central Bank of Brazil, and plus interest on arrears of 1% per year, calculated pro rata die; and VIII-transfer to the municipalities of discounts applied to obligations assumed by the Union.
(1) For the establishment of the term, will be in compliance with the minimum of 1,000 R$ .00 (1000 reais) for the initial value of the monthly amortization refinancing agreement.
§ 2 the elevation of commitment will be applied from the subsequent delivery to the breach.
§ 3 The additions referred to in paragraph VII are not subject to impairment of RLR.
§ 4 the interest rate can be reduced to: (I)-seven and five-tenths per 100 integers, if the Municipality repay extraordinarily value equivalent to 10% of the updated debit balance of debt assumed and refinanced by the Union; and II-6%, if the Municipality repay extraordinarily value equivalent to 20% of the updated debit balance of debt assumed and refinanced by the Union.
§ 5 the reduction referred to in the previous paragraph will apply from the date of payment of the corresponding percentage of special depreciation.
paragraph 6 shall not apply to special depreciation in the paragraph 4 of this article: I-the provisions of art. 5; and II-the limit of commitment of RLR.
§ 7 liability debts of municipalities along the Union, except those relating to taxes and contributions, contracted until 31 January 1999, can be refinanced in the form of this provisional measure.
Art. 3rd at the discretion of the Municipality, the debt can be refinanced to lower rates to that provided for in item II of art. Second, since made extraordinary amortization, within 30 months from the date of signature of the respective contracts of refinancing.
(1) The rates of treating the caput shall be: (I)-seven and five-tenths per 100 integers, if the city commit to amortize extraordinarily value equivalent to the 10% balance due date assumed debt and refinanced by the Union; and II-6%, if the city commit to amortize extraordinarily value equivalent to the 20% balance due date assumed debt and refinanced by the Union.
(2) after the period referred to in the caput and not being held entirely to special depreciation, the balance due will be recalculated, since the date of signature of the contract by changing the interest rate to: I-9%, if the Municipality has undertaken in the form of item I of the previous paragraph;
II-9%, if the Municipality has undertaken in the form of item (II) of the preceding subparagraph and the special depreciation has not reached 10% of the updated debit balance;
III-seven and a half per 100, if the Municipality has undertaken in the form of item (II) of the preceding subparagraph and the special depreciation has reached 10% of the updated debit balance.
Art. 4 The Government bonds issued after December 12, 1995 for payment of judicial requisitions were presented, pursuant to art. 33 of the Act of the Transitional constitutional provisions, may be object of the assumption and refinancing referred to in the previous articles, observing, in this case, the monthly installment of the refinancing agreement will match at least the benefit that would be due in respect of those securities, calculated by the Price, for the term of 120 months.
Sole paragraph. Will not be covered by assumption and by refinancing referred to in the caput in debt securities issuer entity's own power, even if through liquidity fund, or has been placed on the market after 31 December 1998.

Art. 5 for the purpose of applying the limit set in item V of the art. 2nd, may be deducted from the calculated limit expenditure effectively incurred the previous month by the municipality, for the services of the following obligations for him in physical form: I-refinanced debt based on law No. 7976, 1989;
II-external debt contracted until 31 January 1999, even the object of restructuring within the Brazilian Plan debt financing (BIB, BEA, DMLP and Paris Club);
III-installment of debt signed based on art. 58 of law No. 8212, of 24 July 1991, and in law No. 8620, of 5 January 1993;
IV-debts splitted by the guarantee fund-FGTS Service time, whose formalization has occurred until 31 January 1999;
V-agent Commission, on payment of the benefit resulting from law No. 8727, 1993; and I saw debt on loans refinanced under the terms of law No. 8727, of 1993, and effectively assumed by the municipality, deducted from the revenue earned with these operations.
(1) may be deducted from the expenditure for principal, interest and other charges arising out of the operations law nº 8727, 1993, held in the month, excepted the Commission agent.
§ 2 The figures relating to the reduction of the provision by applying the limit referred to in this article or by deduction referred to in the next article will have your payment deferred, on them focusing the financial burden of the refinancing contracts, to the time when the debt service commit value below the limit.
§ 3 the 13% limit set out in art. 2nd is only applicable to the debts refinanced under this provisional measure.
paragraph 4 Any debit balance resulting from the application of the commitment established in the form of this article, you will be able to be refinanced under the same conditions provided for in this provisional measure, at up to 120 months from the expiration of the last installment of the refinancing agreement.
§ 5 in the case referred to in the previous paragraph, the benefits may not be less than the value of the last installment of the refinancing.
Art. 6 the amount effectively paid by the municipality in respect to the service of the debts mentioned in subparagraphs I, II, III and IV of the art. 1, won between 31 January 1999 and the date of signature of the contract, may be deducted from refinancing of benefits calculated based on the Price, limited to monthly deduction 50% the value of the first installment.
Art. 7 For the purposes of this provisional measure, ' as RLR revenue held during the 12 months preceding the month immediately preceding that in which she is being determined, subject to the following: I-will be excluded revenue from credit operations, for annulment of the pay, disposal of, linked to any title transfer, voluntary transfers or gifts received with the specific purpose of meeting the expenses of capital; and II-will be computed from the proceeds of the revenue collection of the tax on transactions involving the movement of goods and on services Interstate and Inter-municipal transportation and communication for the granting of any fiscal or financial favors, including in the form of loans or financing, albeit through funds, financial institutions or other entities controlled by the Government granted on the basis of the aforementioned tax and that results in reduction or elimination, direct or indirect, of their burden.
Sole paragraph. The financial surplus and foundations, excluding pension character, will be considered as income for purposes of calculating the RLR.
Art. 8 the debt refinancing agreement should provide that the County: I-will only be able to issue new Government bonds municipal securities whether internal or external, after the integral debt settlement object of the refinancing provided for in this provisional measure; and II-will only be able to contract new debts, including Anticipation of Budget Revenue operations, if the total financial debt of the Municipality is less than your RLR.
Sole paragraph. The fences are referred to in the beginning II: I-the contraction of credit operations imposed by federal programs, aimed at the modernisation and equipment of the machine in Municipalities;
II-loans or financing with multilateral financial institutions and the development and cooperation institutions linked to foreign Governments, which have positive evaluation of the funding agency, and the National Bank of economic and Social Development – BNDES, since hired within one year to June 30 1999 and intended for completion of ongoing programmes.
Art. 9 the limit of commitment of RLR contemplated in item V of the art. 2nd will be elevated in two percentage points for the municipalities that, from January 1, 2000: I-has not suited his personal expenses to the limits established in the legislation in force;
II-have not deployed social security contribution for the active and inactive servers, with an average rate of at least 11% of total remuneration; and III-have not limited their expenditure on pensioners in the form of the legislation in force.
Art. 10. Only by new compositions may be authorised by law or extensions of debt refinanced on the basis of this provisional measure, or even change the title of the refinancing conditions well established.
Art. 11. the Union will assume the obligations arising out of this provisional measure by issuing National Treasury bonds, with features to be defined by the Executive branch.
Art. 12. The revenue refinancing payments granted to Municipalities under this provisional measure, shall be fully utilized for debt reduction the responsibility of national treasure.
Art. 13. Is the Bank of Brazil S.A. designated financial agent for the purpose of celebration, monitoring and control of assumption and refinancing of this provisional measure, and the payment of the debtor regarding remuneration.
Art. 14. Is the Union authorized to perform, by means of the Caixa Econômica Federal, credit operations with the municipalities, aimed at strengthening programs and modernization of municipal administrative machine, using for this purpose resources from loans contracts international financial bodies.
Art. 15. Is provided to the Board of Trustees of the guarantee fund-FGTS Service time, in the event of Asuncion by the Union of obligations relating to transfers of the FGTS, under this provisional measure, to authorize financial agents to promote the return of the transferred resources under the conditions originally laid down, provided that they are constituted adequate guarantees.
Art. 16. The devices below in law No. 9639, of 25 May 1998, shall take effect as follows:? Art. 1 States, the Federal District and the municipalities, until 17 December 1999, will be able to opt for repayment of their debt to the National Social Security Institute SOCIAL SECURITY from social contributions, as well as those arising from accessory obligations, until November 1999, racing through the use of four percentage points of the States ' participation Fund FPE and nine percentage points of participation of Municipalities-FPM.
(1) The units mentioned in this article may choose to include this kind of debts amortisation until November 1999, jurisdiction of their local and regional authorities for foundations they established and maintained, where there will be the addition of three percentage points in the three-point FPE and in percentages of the FPM referred to in the caput.
(2) Through the use of four percentage points from its holding Fund, the States referred to in this article may choose to include this kind of depreciation, the debts constituted until November 1999 for jurisdiction with the INSS, of their public and mixed economy companies, keeping the update criteria, and incidence of legal additions applicable to undertakings of this nature.
§ 3 the inclusion of debt mixed societies in depreciation provided for in this article depend on autorizativa law State, or municipal district.
§ 4 the amortization period may not be less than 96 months and no more than 240 months, does not apply, for the purposes of suitability of these limits, the percentages referred to in the caput of this article and the reduction established by art. 3.
§ 5 the consolidated debt in the form of this article shall be subject as from the date of consolidation, interest corresponding to the monthly variation of the long-term interest Rate-TJLP, prohibited the imposition of any other addition? (NR)
? Art. 2º ...............................................................................................................................
Sole paragraph. The installment plan concluded in the form of this article will contain clause in the State, the Federal District or the Municipality to authorize the retention of the FPE or FPM and the transfer to the SOCIAL SECURITY of the value corresponding to each monthly installment due for this.? (NR)

? Art. 5 the agreement based on arts. 1st and 3rd contains clause in the State, the Federal District or Municipality authorize the retention of the FPE FPM and the transfer and the social security authority the value corresponding to current pension obligations of the month preceding the receipt of the respective Participation Fund.
(1) current pension obligations parcels paid in the form of the caput of this article, shall not apply the provisions of arts. 30, item I, subparagraph (a)? b? and 34 of law No. 8212, of 24 July 1991.
paragraph 2 shall be entered in the agreement mentioned in this article, clause in the State, the Federal District or the Municipality authorize the retention by financial institutions of other State, district or municipal revenues in them deposited and the transfer to the SOCIAL SECURITY of the rest of the social security debt, in the hypothesis in which the resources from the FPE and FPM are not sufficient for the discharge of recovery provided for in art. first and current pension obligations.
§ 3 the monthly value of the current pension obligations, for the purposes of this article, shall be determined on the basis of their FGTS Collection Guide and Social security information-GFIP or, in the case of non-presentation at the legal deadline, estimated, using the average of the last twelve competencies collected prior to the month of retention, without prejudice to the recovery or restitution or compensation of any differences.
§ 4 the depreciation referred to in art. 1 of this Act, plus social security obligations, may, on a monthly basis, commit to 15 percentage points of the Current Net Revenue.
§ 5 The amounts owed to SOCIAL SECURITY and not collected, every month, by reason of the application of the preceding paragraph shall be repactuados at the end of the duration of the agreement referred to in this article.
paragraph 6 for the purposes of the provisions of this article, as Current Municipal revenue Net Revenue is calculated as supplementary law No. 96 of May 31, 1999.? (NR)
Art. 17. The benefits held by the Social security system shall be adjusted, on June 1, 2000, on five comma 81%.
Sole paragraph. To the benefits granted by Social Security from June 1, 1999, the readjustment in accordance with the caput shall be according to the percentages indicated in the Annex of this provisional measure.
Art. 18. The devices below of law No. 8212 of July 24, 1991, shall take effect as follows:? Art. 38 ..............................................................................................................................
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§ 10. The agreement concluded with the State, the Federal District or the Municipality will contain also clause in that they allow, when non-payment of debts accrued or installment agreements, benefits, retention of the States ' participation Fund FPE or municipal Participation Fund-FPM and the transfer to the National Social Security Institute-INSS the value corresponding to the lives on the occasion of the first transfer to occur after the social security authority to the Treasury Department.
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§ 12. The agreement provided for in this article will contain clause in the State, the Federal District and the Municipality authorize the retention of the FPE FPM and the transfer and the social security authority the value corresponding to current pension obligations of the month preceding the receipt of the respective Participation Fund.
§ 13. Still, the agreement will be mentioned in this article, clause in the State, the Federal District or the Municipality authorize the retention by financial institutions of other State, district or municipal revenues in them deposited and the transfer to the SOCIAL SECURITY of the rest of the social security debt, in the hypothesis in which the resources from the FPE and FPM are not sufficient for the discharge of the payment and social security obligations.
§ 14. The monthly value of the current pension obligations, for the purposes of this article, shall be determined on the basis of their FGTS Collection Guide and Social security information-GFIP or, in the case of non-presentation at the legal deadline, estimated, using the average of the last twelve competencies collected prior to the month of the retention provided for in § 12 of this article, without prejudice to the recovery or restitution or compensation of any differences? (NR)
? Art. 102. The values expressed in the currency of this law shall be adjusted in the same seasons and with the same indexes used for the adjustment of the benefits of continued provision of Social Security.
Sole paragraph. The readjustment of values-wage contribution due to the change in the minimum wage will be discounted when applying the contents referred to in the caput?. (NR)
Art. 19. The devices below the law nº 8213, of 24 July 1991, shall take effect as follows:? Art. 41. The values of benefits in maintenance will be readjusted, from 1st June 2001, pro rata according to their respective starting dates or your last adjustment, based on percentage set in regulation, in compliance with the following criteria: (I) preservation of real value-benefit;
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III-annual update;
IV-price variation of products required and relevant to the measurement of maintenance of the purchase value of the benefits.
..................................................................................................................................................... § 8 For the benefits that have been increased due to the increase in the minimum wage, this increase should be discounted when applying the provisions of the main clause, according to standards to be downloaded by the Ministry of welfare and Social Assistance.
§ 9 When the calculation for percentage of fixation benefit adjustment, indexes can be used to represent the variation of item (IV) of this article, published by the Brazilian Institute of geography and statistics-IBGE or similar institution of recognized notoriety, in the form of regulation? (NR)
? Art. 96. .............................................................................................................................
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IV-the time before or after the mandatory Social Security affiliation will only be counted upon severance of the contribution corresponding to the respective period, with addition of interest on arrears of zero comma 5% month, capitalised annually, and fine of ten percent? (NR)
? Art. 134. The values expressed in the currency of this law shall be adjusted in the same seasons and with the same indexes used for the adjustment of the values of the benefits? (NR)
Art. 20. Law No. 9717, of 27 November 1998, goes into effect with the following changes:? Art. 1º ...............................................................................................................................
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III-the contributions of the Union, the States, the Federal District and the Municipalities and the contributions of civilian and military personnel, active and inactive, and pensioners, can only be used for the payment of social security benefits of their regimes, except administrative expenses set out in art. 6, item VIII, of this law, subject to the spending limits established in general parameters;
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Sole paragraph. In the case of Municipalities, constitutes additional requirement for organization and functioning of own welfare regime officials have directly collected revenues expanded, in the form established by General parameters, higher than the constitutional transfers from the Union? (NR)
? Art. 2A. Is suspended t is 31 December 2000, the enforceability of provisions of §1 of art. 2 of this law? (NR)
? Art. 9º ...............................................................................................................................
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III-the finding of infringement, by accredited server, and the application of penalties for organ itself, in the cases provided for in art. 8 of this law.
Sole paragraph. The Union, the States, the Federal District and the municipalities shall provide the Ministry of welfare and Social Assistance, when requested, information about own regime of social security and pension fund provided for in art. 6 of this law? (NR)

Art. 21. The financial compensation between the own social security schemes of the Union, the States, the Federal District and the Municipalities, under the assumption of reciprocal count of contribution times, obey, what fits, to the provisions of law No. 9796, of 5 May 1999.
Art. 22. Law No. 9604, of 5 February 1998, goes into effect the following article:? Art. 2. the National Fund of Social Assistance-FNAS may transfer funds for the development of the continued actions of social assistance directly to private entities of social assistance, from the month of December 1999, regardless of the conclusion of agreement, Covenant, agreement or adjustment in exceptional character, when the transfer cannot be made directly to the State , Federal District or Municipality as a result of default of those ones with the Social Security System.
Sole paragraph. The Executive authority determine the continued actions of social assistance, in this article, within 30 calendar days, from December 10, 1999.? (NR)
Art. 23. Get convalidados the acts performed on the basis of provisional measure no. 2,022-17, of 23 May 2000.
Art. 24. This provisional measure shall enter into force on the date of its publication.
Art. 25. Revoke the art. 101 of law No. 8212, of 24 July 1991, the §§ 1 and 2 of article. 41, the caput of the art. 95 and the arts. 144 to 147 of law nº 8213, of 24 July 1991, and the arts. 7 to 9 and 12 to 17 of the law 9711, of 20 November 1998.
Brasília, 21 June 2000; 179 of independence and 112 of the Republic.
FERNANDO HENRIQUE CARDOSO, Pedro Malan Waldeck Ornélas

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