Advanced Search

Provisional Measure No. 2,218, Of September 5, 2001

Original Language Title: Medida Provisória nº 2.218, de 5 de Setembro de 2001

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

PROVISIONAL MEASURE # 2,218, OF September 5, 2001

Disposes on the remuneration of the Federal District's military and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers you the art. 62 of the Federal Constitution, adopts the following Provisional measure, with force of law:

CHAPTER I

DA REMUNERATION

Section I

From composition and law

Art. 1º The remuneration of the military of the Federal District-Military Police and Military Firefighters Corps, compose from:

I-soldo ;

II-additional:

a) of Posto or Graduation ;

b) of Professional Certification ;

c) of Military Operations ;

d) of Service Time ; observed art. 62 of this Provisional Measure.

III-gratifications:

a) of Representation ;

b) of Special Nature function ;

c) of Volunteer Service.

Single Paragraph. The tables of solder, additional and gratuities are the constants of Annex I, II and III of this Interim Measure.

Art. 2º Apart from the remuneration established at art. 1º of this Provisional Measure, the Federal District's military has the following pecuniary 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) moradian ;

g) birth stamp ;

h) benefits-invalidation ;

i) funeral benefits.

II-observed the specific legislation:

a) preschover assistance ;

b) salarium-family ;

c) additional vacation ;

d) additional natalino.

Single Paragraph. The representative values of the rights provided for in this article are those set out in specific legislation or constants in Annex IV tables

Art. 3º For the purposes of this Provisional Measure, you understand how:

I-weld-basic basic installment of remuneration and of the order, inherent in the post or the graduation of the military and is irreducible, as shown in Table I of Annex I ;

II-additional Posto or Graduation-monthly remuneration repayment due to the military, inherent in each circle hierarchical of the military career, as per Table I of Annex II ;

III-additional Professional Certification-monthly remunerative parcel due to the military, inherent in courses performed with use, as shown in Table II of Annex II ;

IV-Additional of Operations Military-monthly remuneration repayment due to the military by the performance of operations military and for compensation of organic wear and psychosomatic damage arising from the performance of the technical-professional activities in the respective Quadras, as shown in Table III of Annex II ;

V-additional Time of Service-monthly remunerative repayment due to the military, inherent in service time, observed the willing on art. 62 of this Provisional Measure and as shown in Table IV of Annex II ;

VI-gratification of Representation-monthly remuneration repayment due to the military in effective performance of functions PM and BM, the representation holder, as per Table I of Annex III ;

VII-Special nature function gratification-monthly remunerative repayment due to the military in role of function of special potential nature, and may not be accumulative with the Voluntary Service gratification or any other remuneration arising from the commissioned function exercise, as shown in Table II of Annex III.

VIII-gratification of Voluntary Service-remunerative installment due to the military voluntarily, during its period off, present yourself for the policing service, fire prevention and rescue, pre-hospital service or public safety of major events or claims, with journey not less than eight hours, at convenience and need for the Administration, as regulation to be downloaded by the Federal District Government ;

IX-daily-pecuniary right due to the military who move away from headquarters, in service of eventual character, to another point of the national territory or abroad, paid in advance, intended to cover the correspondents' expense, food and urban locomotion, using the parameters set out in the federal legislation and as per regulation in the scope of the respective Corporations ;

X-transportation-pecuniary right due to the military of the active, to cost transportation expenses, when these do not are carried out on account of any other organ or entity, in the moves and travel for interest of the service or administrative convenience, including the need for hospital internation arising from medical prescription ;

XI-cost aid-pecuniary duty due to the military, paid adiently, to move away from its headquarters, on the grounds of service, as Table I of Annex IV to this Interim measure, for the cost of locomotion and installation expenses, except for those of transport, in the moves out of its headquarters ;

XII-benefits-pharding-pecuniary right due to the military to custer spending on fardship, as Table II of Annex IV, regulated by the Government of the Federal District ;

XIII-food stamps-monthly cash right due to the military to cost food spending, regulated by the Government of the Federal District ;

XIV-housing stamp-housing-monthly cash right due to the military, the active and the inactivity, to assist in the expenses with housing for you and your dependents, as Table III of Annex IV, regulated by the Government of the Federal District, from 1º January 2002 ;

XV-birth stamp-pecuniary right due to the military for reasons of child birth, as Table IV of the Annex IV.

XVI-invalidity benefits-pecuniary right due to the military in the inactivity, restrained as invalid, by disability for active service, as Table V of Annex IV ;

XVII-funeral benefits-pecuniary right due to the military for death of the spouse, the companion or companion, recognised together with the Corporation or dependent, or still to the beneficiary in the case of military death, as per Table VI of Annex IV.

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-from the act of promotion, to the Official ;

II-of the act of the declaration, for the Aspirant-a-Official ;

III-of the act of promotion to Official, for the Sublieutenant ;

IV-of the act of promotion or engagement, for the other squares ;

V-of the ticket, for the volunteers ;

VI-of the presentation, when of the initial appointment for any post or graduation ;

VII-of the act of tuition for the students of the schools, training centres of officers and squares, and congeners.

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 ;

III-in the period of unwarranted absence, realizing, in that situation, the solder, the additional rank or graduation, of professional certification and the Time of Service, if you do jus to this ;

IV-in fulfilment of penalty equal to or greater than two years, per sentence transitioned on trial, by the commission of crime of dolous nature, realizing, in this situation, the solder and the additional Service Time, if you do jus to this one ;

V-aggregate, to engage in foreign activities to the Corporation ; be in office, employment or temporary public function no elective, albeit in indirect public administration, respected the right of option for remuneration corresponding to the post or graduation

§ 1º The military that uses the right of option for remuneration does jus to the monthly representation of the office, employment or function temporary public, leaving to perceive the additional military operations.

§ 2º The military who use the right of option for the full remuneration of the commissioned post will not do jus to the solder, it being assured the additional rank or graduation, professional certification and the service time, if you do jus to this one.

Art. 7º The right to remuneration in activity cesses when the military is turned off from the Corporation's active service, by:

I-cancellation of admission, licensing or dismissal ;

II-exclusion, expulsion or loss of post and rank or graduation ;

III-transfer to the reservation or reform ;

IV-demise.

§ 1º The military, while not turned off, will continue to perceive remuneration in the active up to the publication of the effectivation of your shutdown, which will not be able to surpass forty-five days of the date of the official publication of the respective act.

§ 2º The remuneration to which it would make jus in life the deceased serviceman will be paid to their entitled beneficiaries up to the conclusion of the process concerning the Military Pension.

Art. 8º When the military is deemed to be missing or stray, under the terms provided for in the Laws No. 7,289, December 18, 1984 and No 7,479 of June 2, 1986, your remuneration or proof 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 be commented, cessing payment of remuneration or the order of order when you start payment of the same.

§ 2º Reappearing the military will fit you, if it is the case, the compensation to the erarium, of the difference between remuneration or the tastings the one that would make jus and the pension paid to its beneficiaries.

Section II

From Diaries

Art. 9º The daily comprised of percentage intended for Pousada, Food and Locomotion.

Single Paragraph. The Daily is due by half on the day of arrival and displacements that do not require overnight.

Art. 10. It is incumbent upon the Commander of the respective Corporation to determine the payment of the daily to which he / she makes jus the military

Single Paragraph. In cases where the military does not follow destination or interrupt the mission is expected to reshend the erary in seventy and two hours.

Art. 11. Will not be assigned daily to the military:

I-when the payment of the expenses, run on account of the Corporation ;

II-in the period of thirty days after receipt of the cost aid in the ida ;

III-in the period of thirty days prior to your return to the head office, in cases where you do jus to the cost aid ;

IV-cumulatively with food stamp.

Section III

From Custh Help

Art. 12. You will not be entitled to the help of cost the military:

I-bustling for self-interest ;

II-off course or school for lack of exploitation, on request or by voluntary trancation of license plate.

Art. 13. It will be due to restitution of the cost aid by the military that there is received, in the circumstances and conditions below:

I-in full, at one time, when you cease to follow your application ;

II-by half of the value received and at one time when, up to six months after it has followed destination, there has been, the application, dispensed, licensed or exonerated ;

III-by half the value, upon parcelian discount, when not to follow destination for independent reason of your will, including licences for the treatment of own health or family.

Art. 14. When the military receives, in advance, aid of lower cost than it would be entitled will make jus to the difference.

Art. 15. The cost aid will not be restituted by the military or its heir, when:

I-after having followed destination, is sent to return ;

II-occurs the demise of the military, even before following destination.

Art. 16. Those dependent on transport that, for whatever reason, do not accompany the military on the same trip will be able to do so up to three months after the move.

Single Paragraph. Occurring under the circumstance of caput, the military must communicate it to the competent authority.

Section IV

From Remuneration in the Exterior

Art. 17. You consider yourself in service abroad the military in activity, outside of the Country, assigned to perform functions framed in one of the following missions:

I-in-charge or participant of special missions ;

II-member of delegation, entourage or representation of a military, technical-professional or sporting nature ;

III-in charge or participant of other missions.

Art. 18. The military in Special Mission abroad will have its remuneration calculated in foreign currency, during the period between the dates of exit and return to the national territory, as per the regulation to be lowered by the Government of the Federal District.

Single Paragraph. As long as there is no regulation, the standards in force on the date of publication of this Provisional Measure will apply.

CHAPTER II

OF PECUNIARY RIGHTS WHEN PASSING FOR INACTIVITY

Art. 19. The military by being transferred to paid inactivity in addition to the rights provided for in the arts. 20 and 21 of this Provisional Measure, makes jus to the value for the full period of the vacation to which it is entitled and, to the incomplete, in the proportion of a twelve avos per month of effective service, being regarded as full month, the fraction equal to or higher than fifteen days

Single Paragraph. The rights provided for in this article are granted to recipients of the military pension in the case of military death in active duty.

CHAPTER III

DOS PROVENTS NA INACITY

Art. 20. The evidence in the remunerated inactivity consists of the following installments:

I-weld or shares of solder ;

II-additional Posto or Graduation ;

III-additional Professional Certification ;

IV-Additional of Military Operations ;

V-additional Time of Service.

§ 1º For the purpose of calculations, the probates are integral or proportional:

I-integral, calculated based on the solder ; and

II-proportional, calculated on the basis of quotas of the solder, corresponding to a thirty oats of the value of the weld, 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 reached the age limit of permanence in activity, in the respective post or graduation, is entitled to the full solder.

Art. 21. In addition to the rights envisaged at art. 20, the military in gainful inactivity makes jus a:

I-additional-natalin;

II-benefits-invalidation ;

III-preschover assistance ;

IV-salarium-family ;

V-benefits-natality;

VI-housing aid ;

VII-funeral benefits.

Art. 22. You suspend the right of the military inactive to the perception of proof, when you return to the active, summoned or designated for the performance of office or commission in the respective Corporation, in the form of the legislation in force, as of the date of your presentation

Art. 23. 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 ;

III-of the act of exclusion for the sake of discipline, for the square.

CAPiTCHAPTER IV

DOS INCAPACITATED

Art. 24. The disabled military will have their probates calculated on the full weld of the post or graduation in which it has been reformed, in the form of the legislation in force and the additional ones and aids to which it makes jus, when restrained by the following reasons:

I-injury received in service or in the maintenance of public order and security or for infirmity contracted in that situation or that in them has its cause efficient ;

II-accident in service ;

III-disease having cause and effect relation with the service ;

IV-by disease, professional molecular, serious, contagious or incurable disease, as long as it makes the military total and permanently invalid for any work.

§ 1º Consideration of serious, contagious or incurable diseases, referred to in inciso IV of this article, tuberculosis active, mental alienation, multiple sclerosis, malignant neoplasia, posterior blindness to joining military service, hanseniasis, severe cardiopathy, Parkinson's disease, irreversible and crippling paralysis, ankylosic spondiolartrose, nephropathy grave, advanced states of the Paget evil (osteíte deformante), pénfigo, Acquired Immunodeficiency Syndrome (AIDS), and others that the law indicates, based on specialized medicine

§ 2º Proves will be proportional in the other cases ;

Art. 25. The retired military for disability arising from accident or infirmity with no cause and effect relation to the service, resurrected the cases of the inciso IV of the art. 24, you will perceive the proof in the limits imposed by the computable service time for the inactivity, observed the conditions set out in art. 24.

CAPITCHAPTER V

DO DISABILITY AID

Art. 26. The military in activity judged unable definitively, for one of the constant motifs in art. 24, you will be entitled to the disability benefit when passing on to inactivity, provided that you are considered total and permanently invalid for any work and still satisfy one of the conditions below specified, duly declared by Medical Board of the Corporation:

I-in need of permanent hospitalization ;

II-in need of assistance or permanent nursing care.

§ 1º For continuity of the right to receipt of the disability benefit, the military will be subject to submit annually declaration that it does not exercise any public or private remunerated activity and, at the discretion of the Administration, periodically submit the inspection of control health. In the case of mentally ill military, the declaration is to be signed by two officers of the respective Corporation's activation.

§ 2º The disability benefit will be suspended automatically, by the competent authority, if it is verified that the military benefactor exercises or has exercised, upon receipt of the aid, any paid activity, without prejudice to other possible penalties, as well as if, in health inspection, it is found not to be in the conditions cited in this article.

CHAPTER VI

DOS DESCONTOS

Art. 27. 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 will not be able to receive an amount less than thirty per cent of its remuneration or oral.

Art. 28. Are mandatory discounts from the military:

I-contribution to the military pension ;

II-contribution to the medical-hospital, psychological and social assistance of the military ;

III-compensation for the provision of medical-hospital assistance to dependents through military organization, as regulation ;

IV-taxes incidents on remuneration or the order of order, according to the Act ;

V-indemnification to Public Finance due to debt ;

VI-judicial alimony ;

VII-rate of use by occupation of either the residential national or the Federal District, as per regulation ;

VIII-fine for irregular occupation of own national residential or Federal District, as per regulation ;

IX-stemming from judicial decision.

Art. 29. Authorized discounts are those effected in favor of consignee entities as specific legislation.

Single Paragraph. The discounts provided for in this article may not exceed thirty per cent of the remuneration or order of the military, slaughtered the discounts provided for in the art. 28.

CHAPTER VII

OF LIMITS OF REMUNERATION AND OF THE ORDER

Art. 30. No military, active or inactivity, will be able to perceive monthly, in the form of remuneration or ordeal, of higher importance than the gross remuneration of the respective General Commander.

Single Paragraph. They exclude, for the purposes of applying this article, the inherent values:

I-to the additional Time of Service, observed the art. 62 of this Provisional Measure ;

II-to Representation gratification ;

III-to the Special Nature function gratification ;

IV-the gratification of Volunteer Service.

Art. 31. No military or military pension beneficiary can receive, as welded, welded shares or military pension, lower than the minimum wage in force, and you pay, as a complement, the difference found, going on to compose the solder or pension military for all legal effects.

Single Paragraph. 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.

CHAPTER VIII

DA MEDICAL-HOSPITAL ASSISTANCE

Art. 32. Medical-hospital, psychological and social assistance to the military and its dependants will be provided through organizations of the health service of the respective Corporation, with resources earmarked in its budget, as it has in its own regulation to be lowered by the Government of the Federal District.

§ 1º The military and its dependents will be able to receive service in other hospital organizations, national or foreign, in the following special situations:

I-of urgency or emergency, when the Corporation's hospital organization is unable to meet ;

II-when the hospital organization of the respective Corporation, does not dispose of specialized service ;

§ 2º The health organization of the Corporation, is intended to cater to the military, its dependents and pensioners.

Art. 33. Resources for medical-hospital, psychological and social care to the dependents of the military, will also be able to come from other contributions and compensation, in the terms of the incisos II and III of the art. 28 of this Provisional Measure.

§ 1º The contribution to medical-hospital, psychological and social assistance is two per cent per month and will focus on on the solder, solder quotas or the share share of the military pension.

§ 2º The contribution that it treats the caput, will be increased by ten percent of its value, for each dependant integral of the groups specified in the incisos II and III of the art. 34 of this Provisional Measure.

§ 3º The contributions and compensation provided for in the caput of this article will be intended for the formation of a Fund of Health, which will be regulated by the General Commander of each Corporation.

§ 4º The compensation for the provision of medical-hospital assistance to dependents, of which it treats the caput of this article, cannot be superior, as regulation:

a) to ten per cent of the value of the expense, for the dependents of the 1º group ;

b) to twenty percent of the value of the expense, for the dependents of the 2º group ;

c) at twenty-five per cent of the expense value, for the dependents of the 3º group ;

d) to the maximum value of only a remuneration of the rank or graduation of the military, considered the total annual expenditure, to all situations of this paragraph.

§ 5º The provisions contained in § § 1º to 4º of this article shall apply from 1º January 2002, remaining unchanged the currently discounted values of contribution title through December 31, 2001.

Art. 34. For the effects of medical-hospital, psychological and social care, treated in this chapter, they are considered to be dependent on the military:

I-1º group:

a) the spouse, companion or companion recognized judicially ;

b) the children (the) or stepchildren (the) up to twenty-one years of age or up to twenty-four years of age, if students university students, or, if invalid, while lasting for disability ;

c) the person under guard or judicial guardianation up to twenty-one years of age or up to twenty-four years of age, if student university, or, if invalid, while durating disability ;

II-2º group: the parents, with proven economic dependence of the military, as long as recognized as dependent on the Corporation ;

III-3º group: those in the condition of dependents of the military, up to the date of the entry into force of this Medida Provisional as long as they fulfil the conditions set out in the Statute of the respective Corporations.

Single Paragraph. It is assured to the dependents of the military empowered up to the date of the entry into force of this Interim measure, the medical-hospital, psychological and social assistance, without the compensation provided for in the paragraph second of the art. 33.

CHAPTER IX

DA PENSION MILITAR

Art. 35. They are mandatory taxpayers of the Military Pension, upon monthly discount on payroll, the military of the active, the military of the paid reserve and the retired military, the Federal District.

Art. 36. The contribution to the military pension, from 1º January 2002, will be seven comma five per cent of the solder and additional and the order of the order.

§ 1º The currently discounted values under the Military Pension title will apply until December 31, 2001.

§ 2º For the purposes of application of the caput, it will be considered to be post or graduation of the military the corresponding to the solder on which their contributions are calculated.

Art. 37. The military pension is given in the habilitation process taking place on the basis of declaration of beneficiaries filled in life by the taxpayer, in the order of priorities and conditions below:

I-first order of priority-widow or widower ; companion or companion ; and children under the age of twenty-one years years or, when university students, less than twenty-four years ;

II-second order of priority-parents, albeit adoptive, which voucher for economic dependence on the taxpayer ;

III-third order of priority-the designated person, upon written statement of the taxpayer and living under the economic dependence of this one, when smaller than twenty-one or greater of sixty years.

Single Paragraph. The beneficiaries that it treats this article, when interdiced or invalid, or, yet, committed from serious illness, which prevents them from providing for their own subsistence, judged by military health junta, will be able to qualify for the pension independently of age limits.

Art. 38. The beneficiary referred to in item III of the art. 37 may be instituted at any time, upon declaration in accordance with the rules set out in this Provisional Measure or will made in accordance with civil law, but will only enjoy the right to military pension if there is no beneficiary legitimate.

Art. 39. The habilitation of the beneficiaries shall comply with the order of preference established in art. 37 of this Provisional Measure.

§ 1º The beneficiary will be entitled with full pension ; in the case of more than one with the same precedence, the pension will be rematch equally between them, re-salvaged the chances of § § 2º and 3º below.

§ 2º If the taxpayer leaves invalid father and mother who lives separated, the pension will be divided equally between both.

Art. 40. Where, at the beginning or during the processing of the habilitation, the lack of a beneficiary's declaration is found, or if it is incomplete or offers margin to doubts, the competent allocation will require the interested certificates or whatever other documents necessary for the proof of their rights.

§ 1º If, notwithstanding the submitted documentation, the doubts persist, the proof will be made upon justification judicial, prosecuted preferentially in the Federal District Military Audit or, in the absence of this one, in the civil court.

§ 2º The process of enabling the military pension is considered to be of an urgent nature.

Art. 41. Every taxpayer is obliged to make their declaration of beneficiaries, which, unless proven otherwise, will prevail for qualification to the military pension.

Single Paragraph. Of that declaration should note:

I-name and affiliation of the declarant ;

II-name of the wife and date of marriage ;

III-name of the children of any situation, sex and the respective date of birth, clarifying, if any, which ones hailed in prior marriage or out of wedlock ;

IV-name of the brothers, sex and date of birth ;

V-name, sex and date of the birth of the beneficiary instituted, if any ;

VI-express and thorough mention of the submitted comprobatory documents, citing the species of each, or crafts of records or others who have exclaimed them or registered the original acts, as well as the books, numbers and order, and of the leaves where they are listed and the dates on which they were washed.

Art. 42. The declaration, preferably typed, without any amendments or shallow or affirmation of the fist itself by the declarant, shall have the signature recognized by the respective commander, director or chief, or by tabellion or, still by the diplomatic representative or consular, should the declarant be found abroad.

Single Paragraph. When the taxpayer is unable to sign the declaration, it should do so in such a notary, in the presence of two witnesses.

Art. 43. The statement made in the conformity of the art. 42 shall be handed over to the master, director or chief, to whom the declarant is subordinate, instituted with documentation of the civil registration which proves, not only the degree of kinship of the beneficiaries listed, but also, if applicable, the exclusion of preferential beneficiaries and, by this, forwarded to the personnel sector of the respective corporation.

Single Paragraph. The documentation that it treats this article can be presented in original, certify verb ad verbum or photostactic copy, duly conferred.

Art. 44. Any fact that matters in amendment of the previous declaration obliges the taxpayer to make another, additive, which, instructed with compelling documents, will obey the same formalities required for the initial declaration.

Art. 45. The right to pension is conditional upon receipt of twenty-four monthly contributions, pertaining to the pension that will be left to the beneficiaries by allowing them to make the respective payment or to complete what to be missing.

Single Paragraph. The pickup can be done at one time or in parcels corresponding to the value of the contribution.

Art. 46. Any and any military non-contributor to the military pension, but in active duty, whose demise occurs in consequence of an accident of act or accident in service or of the molecrion acquired therein, will leave to its beneficiaries the pension which, in the compliance of these paragraphs, couber you, whatever your time of service.

§ 1º The military pension referred to in this article may not be inferior to that of aspiring-the-officer, for the cadets of the Academies of PM or BM, or that of 3º sergeant, for the other squares and students of the squares training courses.

§ 2º In any of the cases set forth in this article, the pension hearing is conditional on prior satisfaction, by the beneficiaries, of the requirement that it treats art. 38.

§ 3º For the calculation effects of the pension, the contribution will obey the rule laid down in art. 36 of this Provisional Measure.

Art. 47. The pension resulting from the promotion post mortem will be paid to the entitled beneficiaries, as of the date of the military's demise.

Art. 48. The military that upon the deceased has already filled in the legal conditions permitting your transfer to the paid reservation or retirement, at higher posts or graduations, will be considered promoted on that date and will leave the pension corresponding to the new situation, obeys the rule of art. 37 of this Provisional Measure.

Art. 49. Will lose the right to pension:

I-the widow or widower who comes to be impeached from the power of the power, in the conformity of art. 395 of the Brazilian Civil Code ;

II-the beneficiary who expressly renouns ;

III-the beneficiary who has been convicted of a crime of a dolous nature, from which it results the death of the taxpayer ;

Art. 50. The death of the beneficiary who is in the enjoyment of the pension as well as the termination of his or her right to the respective benefit in any of the cases of the art. 49 will impose on the transfer of the right to the other beneficiaries of the same order, without this to imply reversal ; not the actual ones, the pension will revert to the beneficiaries of the following order.

Single Paragraph. There will be no reversal in favour of the instituted beneficiary in any way.

Art. 51. The military pension is impension.

Art. 52. The military pension may be required in any time, conditioned, however, to the perception of monthly installments to the prescription of five years.

Art. 53. The military pension will be equal to the value of the remuneration or of the military's orderlies.

Art. 54. 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.

CHAPTER X

DAS GENERAL, TRANSITIONAL AND FINAL PROVISIONS

Section I

Das General Provisions

Art. 55. The military of the remunerated reserve, convened for special mission, make jus for remuneration as if in activity were.

Art. 56. To the military providing service to entities conveniently with the Corporation, gratifications may be conferred, on account of the resources arising from the respective convenon, and in the form in this established.

Art. 57. For the purposes of this Provisional Measure, the following conceptuations are adopted:

I-Sede-the territory of the Federal District ;

II-Corporation-it is the denomination given to the Military Police and the Federal District Military Firefighters Corps ;

III-Mission, task, or activity-is the emerging duty of a specific order of command, direction, or chefs ;

IV-Military Unit (UM)-is the generic denomination given to the body of troop, apportionment, establishment or any another administrative unit of the Federal District Military Corporations.

Section II

The Transitional Provisions

Art. 58. They shall be assured, by September 30, 2001, to the military of the Federal District the remunerative parcels paid in accordance with the laws which have instituted them.

Section III

Of Final Provisions

Art. 59. Law No. 7,289 of December 18, 1984, passes vigorously with the following essay:

" Art. 53. The remuneration of the Military Police Officers will be established in specific legislation, common to the military of the Federal District, and comprises:

§ 1º In the active:

I-soldo ;

II-additional ;

a) of Posto or Graduation ;

b) of Professional Certification ;

c) of Military Operations ;

d) Service Time.

III-gratifications:

a) of Representation ;

b) of Special Nature function ;

c) of Volunteer Service.

§ 2º In the inactivity:

I-weld or shares of solder ;

II-additional:

a) of Posto or Graduation ;

b) of Professional Certification ;

c) of Military Operations ;

d) of Service Time. " (NR)

" Art. 63 ........................................................................................................................................

...............................................................................................................................................................

§ 2º The concession and enjoyment of vacation is not impaired by the previous enjoyment of leave for health treatment, licence special, nor by compliance with disciplinary sanction, by the state of war or for the fulfilment of acts of service, as well as is not nullified the right to such a licence. " (NR)

Art. 60. The Statute of the Firefighters of the Federal District Fire Department, approved by Law No. 7,479 of June 2, 1986, passes vigorously with the following essay:

" Art. 54. The remuneration of the Military Firefighters of the Federal District will be established in specific legislation, common to the military of the Federal District, and comprises:

§ 1º In the active:

I-soldo ;

II-additional ;

a) of Posto or Graduation ;

b) of Professional Certification ;

c) of Military Operations ;

d) Service Time.

III-gratifications:

a) of Representation ;

b) of Special Nature function ;

c) of Volunteer Service.

§ 2º In the inactivity:

I-weld or shares of solder ;

II-additional:

a) of Posto or Graduation ;

b) of Professional Certification ;

c) of Military Operations ;

d) of Service Time. " (NR)

" Art. 64. ......................................................................................................................................

...............................................................................................................................................................

§ 2º The concession and enjoyment of vacation is not impaired by the previous enjoyment of leave for health treatment, licence special, nor by compliance with disciplinary sanction, by the state of war or for the fulfilment of acts of service, as well as is not nullified the right to such a licence. " (NR)

Art. 61. 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.

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. 21 of this Provisional Measure until it is absorbed on the occasion of future readjustments.

Art. 62. It becomes extinct the additional Service Time, provided for in paragraph "d" of the inciso II of the art. 1º, assured by the military the percentage corresponding to the annual ones to which it makes jus on September 5, 2001.

Art. 63. It is assured to the military that by September 5, 2001, it has the requirements to transfer to the inactivity the right to the perception of remuneration on the basis of the legislation then vigour.

Art. 64. Vacation periods not enjoyed until September 5, 2001 can be counted in double for inactivity.

Art. 65. The advantages instituted by this Provisional Measure, extend to the members of the military police career of the former Federal Territories of Amapá and Roraima and the retired military and pensioners members of the Military Police and the Corpo of Military firefighters from the former Federal District.

Art. 66. The expenses arising from the application of the provisions of this Interim measure, with the exception of those relating to the military of the former Federal Territories of Amapá and Roraima, will run to the account of the Transfers to States, Federal District and Municipalities-Government of the Federal District-Resources under Supervision of the Ministry of Finance, constants of the Union Budget.

Single Paragraph. Until it is constituted the Fund provided for in the art. 21, inciso XIV, of the Constitution, transfers to the Government of the Federal District of which it treats caput will be limited to the amount of R$ 2,500,000,000.00 (two billion and five hundred million reais) in the 2001 financial year, observed the provisions in the Budget Law.

Art. 67. Law No. 5,619 of November 3, 1970 ; Law No. 5,906 of July 23, 1973 ; Law No. 5,932 of 1º November 1973 ; Law No. 7,590 of March 29, 1987 ; Law No. 7,591 of March 29, 1987 ; Law No. 7,591 of July 6 ; 1987 ; the art. 1º of Law No. 7,961 of December 21, 1989 ; Law No. 9,687 of July 6, 1998 ; Decree-Law No. 1,463 of April 29, 1976 ; the Decree-Law No. 1,464 of April 29, 1976 ; the Decree-Law No. 1,545 of April 15, 1977 ; the Decree-Law No. 1,618, March 3, 1978 ; Decree-Law No. 1,716 of November 22, 1979 ; the Decree-Law No. 1,777 of March 18, 1980 ; the Decree-Law No. 1,860 of February 18, 1981 ; the Decree-Law No. 1,926 of February 17, 1982 ; the Decree-Law No. 2,008, of January 11, 1983 ; Decree-Law 2,086 of December 22, 1983 ; Decree-Law No. 2,213 of December 31, 1984 ; Decree-Law No. 2,138 of June 28, 1984.

Art. 68. This Provisional Measure comes into force on the date of its publication, with effect from 1º October 2001.

Brasilia, September 5, 2001 ; 180º of Independence and 113º of the Republic

FERNANDO HENRIQUE CARDOSO

Jose Gregori

Pedro Malan

Martus Tavares

ANNEX I

TABLES OF SOLDER AND VERTICAL SCALING

I TABLE I-SOLDO

Post or Graduation

SUPERIOR OFFICERS

Value (R$)

Colonel

2,760.00

Lieutenant Colonel

2,649.60

Major

2,530.92

INTERMEDIATE OFFICERS

Captain

2,103.12

SUBALTERNOS OFFICERS

First Lieutenant

1,943.04

Second Lieutenant

1,796.76

SPECIAL PRAWS

Aspiring-a-Official

1,548.36

Cadet (last year) from the Military Policy Academy or Military Bomber

609.96

Cadete (too many years) from Military Police Academy or Military Bomber

433.32

GRADUATED SQUARES

Sublieutenant

1,393.80

First-Sergeant

1,214.40

Second-Sergeant

1,037.76

Third-Sergeant

924.60

Cable

692.76

TOO MANY PRAICES

Soldier-1ª Class

609.96

Soldier-2ª Class

433.32

TABLE II-VERTICAL SCALING

Post or Graduation

SUPERIOR OFFICERS

Colonel

1000

Lieutenant Colonel

960

Major

917

INTERMEDIATE OFFICERS

Captain

762

SUBALTERNOS OFFICERS

First-Lieutenant

704

Second-Lieutenant

651

SPECIAL PRAWS

Aspiring-a-Official

561

Cadet (last year) from the Military Policy Academy or Military Bomber

221

Cadete (too many years) from the Military Police Academy or Military Bomber

157

GRADUATED SQUARES

Sublieutenant

505

First-Sergeant

440

Second-Sergeant

376

Third-Sergeant

335

Cable

251

TOO MANY PRAICES

Soldier-1ª Class

221

Soldier-2ª Class

157

ANNEX II

TABLES OF ADDITIONAL

TABLE I-A-ADDITIONAL RANK OR GRADUATION (FROM 1º OF OCTOBER OF 2001)

Hierarchical Circle

PERCENT ON THE SOLDER

FOUNDATION

Superior Officer

41%

Art. 1º and 3º of this Provisional Measure

Intermediate Officer

38%

Idem

Official subalternos and Asp-Of

35%

Idem

Cadets of PM/BM Academies

30%

Idem

Sub Ten and Sgt

33%

Idem

Cable and Soldier 1ª Class

31%

Idem

2ª Class Soldier

30%

Idem

TABLE I-B-ADDITIONAL RANK OR GRADUATION (FROM 1º DE JANEIRO 2002)

HierarchicoPERCENTUAL Circle ABOUT THE SOLDOFOUNDATION

Superior Officer

80%

Art. 1º and 3º of this Medida Provi-sory

Intermediate Officer

75%

Idem

Official subalternos and Asp-Of

70%

Idem

Cadets of PM/BM Academies

50%

Idem

Sub Ten and Sgt

65%

Idem

Cable and Soldier 1ª Class

60%

Idem

2ª Class Soldier

50%

Idem

TABLE II-ADDITIONAL PROFESSIONAL CERTIFICATION

PERCENT QUANTITATIVE COURSE TYPES ON SOLDOFOUNDATION

High Studies

30%

Art. 1º and 3º, II, of this Provisional Measure.

Improvement

20%

Specialization

15%

Training

10%

TABLE III-ADDITIONAL MILITARY OPERATIONS

SITUATION VALUE PERCENTAGE THAT INCEDE ON THE SOLDER OF COLONEL FOUNDATION

Performance of Police or Firefighters Operations and for the compensation of organic wear and psychosomal damage by the performance of the technical-professional activities in the respective Frames (1)

12.70%

Art. 1º and art. 3º, IV, of this Provisional Measure.

Work with Raios-X or radioactive substances (1)

12.70%

1) Not accumulable

TABLE IV-ADDITIONAL SERVICE TIME

PERCENT QUANTITATIVE BASIS ON SOLDOFOUNDATION

Time of Service

1% per year

Art. 1º, 3º V and 67 of this Provisional Measure.

ANNEX III

GRATUITIES TABLES

I-REPRESENTATION FUNCTION GRATIFICATION TABLE

SITUATION SITUATION SITUATION

A

Officers and Praeds in the effective performance of military police and military firefighters

1% of the solder

Arts. 1º and 3º, VI, of this Provisional Measure

B

Special Representation in the Exterior

As Federal Legislation

Arts. 1º and 3º, VI, of this Provisional Measure

II-SPECIAL NATURE FUNCTION II-GRATIFICATION TABLE

GROUP

SITUATIONS

QUATITATIVE

VALUE PER-CENTUAL OF INCIDENCE ON THE SUN-OF CORO-NEL

FOUNDATION

PMDF

CBMDF

I

Subchief / EMG, Comes of Police Commands, Regional and Specialized Commands, BM Operational Commands, Chief of Staff of the General Command, Directors, Corregedor, and General Help.

15

13

39.67%

Arts. 1º and 3º, VII, of this Medida Pro-visoria

II

Subcommanders of Police Command, Re-gional and Specialized Command, BM Operational Commands, Chief Cabinet Subchief, Correged-Adjunction, Subdirectors and Common Battalions, Academies and Independent Centres

35

29

30.85%

Arts. 1º and 3º, VII, of this Medida Pro-visoria

III

Subcommanders of Battalions, Academies and Indepen-tooth Centres, Independent Com-panhias and Regional Companies, Heads of EMG Sections and Aj of Orders

46

41

22.04%

Arts. 1º and 3º, VII, of this Medida Pro-visoria

IV

Chair of Bidding Commission, Head of Payment Folha Section and Head of Payroll Section or corresponding

04

04

17.74%

Arts. 1º and 3º, VII, of this Medida Pro-visoria

V

Driver and Ordinances of Cmts, Heads, Subbosses EMG, Directors and Sub-directors

264

264

8.81%

Arts. 1º and 3º, VII, of this Medida Pro-visoria

ANNEX IV

TABLES OF OTHER PECUNIARY RIGHTS

TABLE I-COST HELP

SITUATIONS

REPRESENTATIONAL VALUE

FOUNDATION

a

Military, with dependant, in the moves out of the headquarters, over six months.

Two times the value of remuneration, on the go and back.

Art. 2º and art. 3º, XI, a, of this Provisional Measure

b

Military, with dependant, in the moves out of the head office over three months and equal to or less than six months.

Two times the value of remuneration, in the ida, and once on the back.

c

Military, with dependant, in the moves out of the seat equal to or greater than one month and equal to or less than three months.

Once the value of the remuneration, in the ida, and another on the turn.

d

Military, without dependant, in the situations?a?,?b? e?c? of this table.

Half of the values this-belected for the changes?a?,?b? e?c? of this table.

and

Military, with or without depend-tooth, on the occasion of transfer-rency for gainful inactivity.

Officer-four times the value of remuneration, cal-cultured based on the solder of the last rank of the hierarchical circle to which it belongs-cer the military.

Art. 2º and art. 3º, XI, b, of this Provisional Measure

Square-Four times the value of the cal-cultured remuneration based on the sublieutenant's solder.

TABLE II-STAMP-FARDAMENTO

SITUATIONS

REPRESENTATIONAL VALUE

FOUNDATION

a

Cadete and Soldier of 2ª class

On account of the herb-uniform and bedding, in accordance with the Distribution Tables established by the respective General Comandantes.

Art. 2º and art. 3º, XII, of this Provisional Measure.

b

Military declared Aspirant-a-Official, or promoted to 3º Sergeant.

A solder and a half.

c

Officers named Capelães Militaries.

d

Annually, when to remain in the same post or graduation.

A quarter of remuneration.

and

The military that returns to the active by convocation, designation or re-inclusion, since there are more than six months in the inactivity.

A solder

F

The military who loses the uniform in sinister, occurrence or in the event of calamity.

A solder

TABLE III-MORADIA TABLE

POST OR GRADUATION

Active value (R$) Militar with dependant

Active value (R$) Militar of the active without dependant

RATIONALE LEGAL

CORONEL

143.91

47.97

Art. 2º and art. 3º, XIV, of this Provisional Measure.

TENENTE-CORONEL

134.73

44.91

MAJOR

126.00

42.00

CAPTAIN

110.70

36.90

1º TENENT

98.37

32.79

2º TENENT

90.09

30.03

ASPIRANT

87.93

29.31

CADETE 3º ANO

34.74

11.58

TOO MANY CADETS

23.31

7.77

SUBTENENT

85.23

28.41

1º SERGEANT

71.82

23.94

2º SERGEANT

63.36

21.12

3º SERGEANT

53.46

17.82

CABLE

39.06

13.02

SOLDIER

34.74

11.58

SOLDIER 2ª

23.31

7.77

TABLE IV-STAMP-birth-birth

SITUATIONS

REPRESENTATIONAL VALUE

FOUNDATION

A

Birth of the son of the military active or of gainful inactivity-from.

Once the solder of the post or graduation.

Art. 2º and art. 3º, XV, of this Provisional Measure.

B

Birth of children, in multiple childbirth, from the military of the active duty or of paid inactivity.

Once the solder of the post or graduation, plus cin-fifty per newborn.

TABLE V-BENEFITS-DISABILITY

SITUATIONS

REPRESENTATIONAL VALUE

FOUNDATION

A

The military that requires hos-pitting-in military establishment or non-assistance or permanent nursing care, duly noted-from the Board of Health.

10% of the remuneration

Art. 2º, 3º, XVI and 27, of this Provisional Measure.

B

The military who, by prescription medical, approved by the Board of Health, receives treatment in the residence itself, necessitating assistance or person-nation nursing care.

10% of the remuneration

VI-FUNERAL-AID TABLE

SITUATIONS

REPRESENTATIONAL VALUE

FOUNDATION

A

Death of the spouse, companion (o) or dependent.

Once the perceived remuneration may not be lower than the Sublieutenant's solder.

Art. 2º and art. 3º, XVII, of this Provisional Measure

B

Death of the military-paid to the bene-ficial of the Military Pension.

Attachment (s)