Provisional Measure No. 1,970-16, Of 26 October 2000

Original Language Title: Medida Provisória nº 1.970-16, de 26 de Outubro de 2000

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Provisional measure no. 1970-16, of 26 October 2000.
Establishes, within the framework of the Executive power of the Union, the voluntary redundancy program-PDV, the workday reduced with proportional remuneration and the license without pay incentive payment in pecúnia, intended for the direct public administration, agencies and foundations.
The Vice-President of the REPUBLIC, the Office of the President of the REPUBLIC, using the allocation that gives the art. 62 of the Constitution, adopts the following provisional measure, with force of law: Art. 1 Are established within the framework of the Executive power of the Union, the voluntary redundancy program-PDV, the workday reduced with proportional remuneration, and the license without payment of remuneration encouragement in pecúnia, intended for the direct public administration, agencies and foundations.
Title I of the VOLUNTARY REDUNDANCY PROGRAM-PDV chapter I and the ACCESSION PERIOD Art. 2nd in 1999, the civil servants may join the POV in the period from 23 August to 3 September, and subsequent exercises in periods to be laid down by the Executive power of the Union, provided the adoption or modification of the incentives provided for in this provisional measure, as it has in the regulation, in compliance with the limits set out in the budget law.
Art. 3rd May join the POS servers direct administration, agencies and foundations, including the extinct Territories, occupants of position of providing effective, except the careers or positions of: I-Union Lawyer, Attorney of the National Treasury and legal Assistant Solicitor-General;
II-Municipal Prosecutor, Attorney and Legal Assistant from running or linked to the General Law of the Union;
III-public defender of the Union;
IV-Diplomat;
V-Federal Police Delegate Federal Criminal Expert, the Registrar of the Federal Police, Federal Police Agent, Papiloscopista, Federal Police and Federal Highway Patrolman; and VI-Auditor-Internal Revenue Tax, Social Security Tax Auditor and Auditor-Fiscal Work.
§1 the Minister of State, included entities related careers or stocking the following related positions may fix the maximum number of servers that can join the PDV and, in the event that the accessions exceed this limit, will be used as a criterion the precedence of the protocolização date of the application in the corresponding organ or entity: I-Specialist in public policy and Government Management;
II-Finance analyst and control;
III-Budget Analyst;
IV-planning and Research Foundation's Institute of applied economic research-IPEA;
V-foreign trade analyst;
VI-top or Teaching first and second degrees of federal institutions of education ministries of education and defence;
VII-Nurse, physical therapist, Physician, public health doctor, Doctor-Surgeon, Radiology technician, x-ray technician, x-ray Technician Operator in nursing, nursing assistant, Nursing attendant, public health Officer, Health Officer, Dentist, Dentist, dentist, Pharmacist, pharmaceutical biochemist, lab technician, Laboratory Technician, Laboratory Assistant, Sanitarian, blood bank technician, Biomedical, technician in anatomy and Necropsy , District Manager, speech therapist, Rehabilitation or physical therapy technician, technician in dental prosthesis and nutritionist;
VIII-higher level of Careers in the area of science and technology;
IX air defense technician and Traffic control, programming and Technical Operation of Air Defense and air traffic control, aeronautical information technician, air traffic controller, electronics technician and Aeronautical Telecommunications and Aeronautical Weather technician;
X-Veterinarian and defense Tax Farming;
XI-Registration Tax and Rural Tax of the National Institute of colonization and agrarian reform-INCRA;
XII-Inspector of the Securities and Exchange Commission and technical analyst of Superintendence of private insurances;
XIII-analyst of the Central Bank of Brazil;
XIV-intelligence officer; and XV-Expert Medical Advisor.
(2) subject to the provisions of the preceding paragraph, is provided to the Minister of State, included the linked entities related positions in stocking items I to VI of the caput of this article authorizing the accession of its occupants to POV.
paragraph 3 will not be able to join the POS servers: I-are probationary;
II-have met all legal requirements to retirement;
III-have retired in Office or public function and reingressado in federal direct public administration, agencies or foundations, in Office or public employment inacumulável;
IV. has been convicted of an offence a judicial decision which has become final, that determine the loss of the cargo;
V-do not exercise because of the impediment of item I of art. 229 of law 8,112, of 11 December 1990, unless the final criminal decision does not determine the loss of the cargo; or VI-are away because of license by accident in service or for health treatment, when suffering of diseases specified in paragraph 1 of art. 186 of law nº 8,112, 1990.
paragraph 4 shall not apply to non-stable servers, which were not supported by the chapeau of art. 19 of the Act of the Transitional constitutional provisions, the provisions of subparagraphs (I) to (VI) and paragraph 2 of this article, except if the occupants of the position of the upper teaching career.
§ 5 membership of the POS of server that is responding to inquiry or disciplinary administrative procedure shall take effect only after the final judgment, if not applied the penalty of dismissal and, in the event of application of another penalty, after your greeting.
§ 6 the server that participates or has participated in regular training program instituted at the expense of the Federal Government may join the POS through the reimbursement of expenditure made, to be compensated when the payment of compensation, as follows: I-integral, if the training is in progress; or II-proportional, in the event that has not yet elapsed, after training, effective exercise period equivalent to removal.
§ 7 include the costs referred to in the previous paragraph the remuneration paid to the server and the costing of course, Exchange or internship financed with funds from the National Treasury.
CHAPTER II the TERM of PUBLICATION of the ACT of RESIGNATION. 4 the Act of removal of the server that you have accepted your membership of the POS will be published in the Official Gazette, in any event, until thirty days as of the protocolização the application for membership of the POS in the organ or entity that links, with the exception of the case provided for in § 5 of the preceding article.
Sole paragraph. The server to join the PDV shall remain effective until the publication date of your resignation.
TITLE II of the WORKDAY REDUCED with PROPORTIONAL REMUNERATION CHAPTER I of GRANT Art. 5 is provided to the server of the direct public administration, agencies and foundations, occupant-serving Office only effective, require the reduction of the workday of 8 hours daily and 40 hours weekly for 6 or 4 daily and 30 or 20 hours per week, respectively, with proportional remuneration, calculated on the total remuneration.
(1) the provisions of the caput of this article shall not apply to the occupants of the position effective serving of careers or positions in items I to III and V and VI of the caput of the art. 3.
§ 2 subject to the interest of the directors, the reduced journey with proportional compensation may be granted at the discretion of the authority of the agency or entity to which it binds the server, forbidden delegation of competence.
§ 3 the reduced journey can be reversed in full, at any time, ex officio or at the request of the server, in accordance with the judgment of convenience and opportunity of the Administration, provided, in any event, the provisions of the sole paragraph of art. 16. paragraph 4 of the Act shall contain, in addition to the functional server data, the date of journey, by publication in internal newsletter.
§ 5 the server require the reduced working day shall remain subject to the journey that is subject to the start date set out in the Act.
Art. 6 in addition to the provisions of paragraph 1 of the preceding article, it is prohibited the granting of the reduced working day with remuneration proportional to the server: I-subject to the duration of work established in special laws; or II-occupant of Office effective subject to exclusivity.
Art. 7 reduction of journey does not imply loss of permanent advantages inherent to the position effective busy, even if granted in virtue of laws establishing the fulfillment of 40 hours per week, where will be paid with the proportional reduction in the workday reduced.
TITLE III ENCOURAGED LICENSE without REMUNERATION chapter I of the GRANTING

Art. 8 Is instituted unpaid license with incentive payment in pecúnia, indemnity nature, corresponding to six times the remuneration that does justice, on the date on which it is granted, to the direct administration, agencies and foundations of the Executive power of the Union, occupant of the position effective serving exclusively, since you're not probationary.
(1) the licence referred to in the caput of this article will have duration of three years, renewable for an equal period, not your interruption, on request or on behalf of the administration.
(2) at the discretion of the Administration, the license may be granted by Act of the leader of the sector or organ system of sectional civilian personnel of Federal Administration-SIPEC, which must contain, in addition to the functional server data, the period of the licence, upon publication in internal newsletter.
§ 3 the server to request a license encouraged without remuneration should remain in Office until the date of the license.
Art. 9th may not grant of license encouraged without remuneration to the server: I-charged in inquiry or administrative disciplinary process until your final judgment and enforcement of the penalty, if applicable; or II-you're making replacements and compensation to the Exchequer, except in showing the total discharge of debt.
Sole paragraph. No license shall be granted in the previous article to the servers that are regularly licensed or away, or those who return before the expiry of the time limit laid down in the Act of granting a license to deal with particular interests, based on art. 91 of Act No. 8,112, 1990.
Art. 10. The licensed server based on art. 8 may, within the framework of direct public administration, agencies or foundations of the powers of the Union: I-exercise position or function of trust; or II-be hired temporarily in any capacity.
Art. 11. The accumulated vacation from the server that had granted the license encouraged without pay will be compensated and, in the event of a holiday for the financial year in which the beginning of the licence, in the proportion of round 1 12 per month worked, or fraction exceeding fourteen days, plus its additional holidays.
TITLE IV of INCENTIVES and REMUNERATION INCENTIVES for accession chapter I section I incentives for adherence to POS Art. 12. The server to join the PDV, until 3 September 1999, will be granted the title of financial incentive, compensation corresponding to an integer and twenty-five hundredths of remuneration for a year of effective exercise of direct federal public administration, agencies or foundations.
(1) subject to the provisions of art. 21 and your (1), the calculation of the compensation will be made on the basis of the remuneration which do justice on the date on which the server is published the Act of resignation.
paragraph 2 shall be regarded as effective exercise time in the federal public service, for the purposes of this article, the period of time that the server was available.
(3) the payment of the compensation will be made by current account deposit within ten working days as of the date of publication in the Official Gazette, the Act of exoneration from the server.
§ 4 the calculation of compensation shall be effected by the Paying agency or Unit of the entity to which it binds the server through specific module in the Integrated System of human resource management-SIAPE.
Art. 13. The server to join the PDV will be: I-paid in a single installment liabilities corresponding to the extension of the benefit of twenty-eight comma 86% referred to the provisional measure no. 1,962-31, of 24 October 2000, on the same date that is paid the financial hit of the art. 15. II-ensured participation in directed training program for qualifying and relocation of citizens in the labour market, under the coordination of the Ministry of planning, budget and management and the National School of public administration-ENAP.
Sole paragraph. To the server, up to 3 September 1999, join the PDV, will also be provided: (I)-participation in the training program until 30 January 2000, with the goal of preparing him for your own project, under the coordination of the Ministry of planning, budget and management and the ENAP; and II-the granting of credit line, until 31 July 2000, for opening or expanding enterprise, limited to 30,000 .00 R$ (30000), as regulation.
Art. 14. In the event of a new ticket on federal public administration, agencies and foundations, effective exercise time in public service considered for calculation of incentive, under this provisional measure, it cannot be reused for the same purpose or for the granting of any benefit or advantage under the same title or similar grounds.
Art. 15. The server to join the PDV shall be compensated until the date of payment corresponding to the month subsequent to the publication of the competence Act of resignation, the holidays and the Christmas bonus in proportion to which he is entitled.
Section II Reduced work incentives with Proportional Compensation Art. 16. The Server Express option, until 3 September 1999, the reduction of working hours with proportional remuneration will be provided the provisions of item I of the sole paragraph of art. 13, and the granting of credit line, until 31 July 2000, for opening or expanding enterprise, limited to 10,000 .00 R$ (10000), as regulation.
Sole paragraph. The server received the credit line of the caput of this article is forbidden journey's reversal reduced before completing the full period of at least three years.
Art. 17. The server may, during the period in which it is submitted to the journey, carry trade and participate in management, administration or tax advice or mercantile societies administration or civilian, since compatibility of appointment with the Office of the post.
(1) the prerogative of the caput of this article shall not apply to the server to collect teaching position with another coach related in items I to VI of the caput of the art. 3 or in paragraph 2 of that article.
(2) to the servers of the caput of this article shall apply the provisions contained in art. 117 of law No. 8,112, 1990, with the exception of the prohibition contained in your item X.
Section III incentives for unpaid License Art. 18. The incentive in pecúnia will be paid in full to the licensed server without pay, until the last working day of the month subsequent to the competence that is published the initial grant Act, and in the month subsequent to that is published the Act for an extension of the license for three more years, when applicable.
Art. 19. The Server Express option, until September 3, 1999 by license encouraged without remuneration shall be ensured pursuant to sections II of the caput of the art. 13 and I the only paragraph of the same article, and the granting of credit line, until 31 July 2000, for opening or expanding enterprise, limited to 15,000 R$ .00 (15000), as regulation.
Art. 20. The provisions of art. 17 to the server that you are away because of license encouraged without pay, except the compatibility requirement in time with the exercise of power.
CHAPTER II the REMUNERATION CONCEPT Art. 21. the remuneration, for calculating the proportionality of the journey and the incentive in pecúnia of the license contemplated in art. 8, the basic salary, plus the benefits established by law, permanent financial the details of individual character, or any benefits, including personal and those relating to nature or to the workplace, deleted: I-the extra for providing extraordinary service;
II-the extra night;
III-the health hazard allowance, of dangerousness or by exercise of painful activities;
IV-the additional holiday;
V-the Christmas bonus;
I saw the family salary;
VII-the funeral assistance;
VIII-the birth allowance;
IX-the food stamps;
X-transportation assistance;
XI-the preschool aid;
XII-indemnification;
XIII-the daily rate;
XIV-the allowance due to change of headquarters; and XV-the cost of living.
§ 1 applies the concept of remuneration referred to in the caput of this article for the purpose of calculating the compensation of PDV, deleted the retribution by exercise of occupation or position of direction, leadership or advisory services.
§ 2 in case of embedded server remuneration advantage by virtue of judicial determination will only be computed for the purposes of calculating the indemnity of the POV and the incentive of the license without remuneration, those arising from judicial decision which has become final, observed, in any case, the exclusions provided for in this article.
(3) the remuneration referred to in this article shall not exceed, for any reason whatsoever, the amount due in cash, to the Ministers of State, pursuant to law No. 8,852, of 4 February 1994.
Title V FINAL PROVISIONS

Art. 22. The compensation of the POV and the incentive of the license without remuneration for dealing with the arts. 12 and 18 will be free of social contribution to the pension scheme itself public server and income tax, and charged to the account of the budgetary appropriations for staff expenditure and charges of the agency or entity of the federal public administration, agencies or foundations that bind the server to join the PDV, supplemented if necessary.
Art. 23. Become extinct the positions that wander freely as a result of exoneration of the servers that join the PDV.
Art. 24. Is the Ministry of human resources, the Ministry of planning, budget and management, responsible for coordinating, in the field of direct public administration, agencies and foundations, buyouts, and may, for this purpose, call servers and ordering equipment and plant organs and entities of the federal administration, with charges to the organ of origin.
Art. 25. The occupant of Office or server function of direction, leadership or advisory services should be removed from Office or dismissed from the reduction of proportional remuneration or with license encouraged without remuneration.
Art. 26. The closed private pension entities authorized to maintain private servers that join the POS as well as the servers away due to license encouraged without remuneration linked to their pension plans and assistance upon conditions to be repactuadas between the parties and without any cost to the federal Government, agencies or foundations.
Sole paragraph. In the event of reduced working journey with proportional remuneration, the participation of the organs or of entities of the federal public administration, agencies or foundations, health plans or pension of the closed private pension fund, shall also be reduced by that amount.
Art. 27. The Federal Secretariat of the Ministry of finance control shall supervise compliance with the provisions contained in this provisional measure.
Art. 28. May be accepted, in exceptional cases, administrative arrangements and legal transactions dealing with the arts. 6 and 7 of the provisional measure no. 1962-31, 2000, signed until 31 August 1999, making the payment of the first installment in October 1999.
Art. 29. Is authorized the opening of credit line, through the Banco do Brazil S.A., worth up to R$ .00 90,000,000 (90 million dollars), with funds from the National Fund for Development-DNF, aiming to provide technical assistance and credit to micro and small businesses incorporated as individual firm or having as partners the federal direct public administration servers , agencies and foundations who joined the POS, the workday reduced with proportional remuneration and to the license without pay, incentive payment in pecúnia, in terms of this provisional measure.
Sole paragraph. The financing operations of this article shall be granted with up to 50% of national Treasury risk, through the guarantee fund for promoting competitiveness-FGPC, created by law No. 9,531, of 10 December 1997.
Art. 30. the conditions of allocation and reimbursement of resources in the previous article shall comply with the conditions of transfer of resources established by the NDF to their agents.
Art. 31. The FGPC may in exceptional character, ensuring up to 50% financing operations granted by Banco do Brazil S.A., of which deals with the art. 29 of this provisional measure, except where the operation involves, in addition, other guarantees FGPC with public resources, in which the total limit of the guarantee can be up to 100%.
Art. 32. Is the Bank of Brazil S.A. authorized to hire the Brazilian service of Support for Micro and small enterprises-SEBRAE to carry out the training program of the servers, as provided for in this provisional measure.
Art. 33. The Ministry of planning, budget and administration and the farm expedirão the acts that are necessary for the implementation of the provisions of this provisional measure.
Art. 34. Get convalidados the acts performed on the basis of provisional measure no. 1970-15, of 27 September 2000.
Art. 35. This provisional measure shall enter into force on the date of your publication.
Brasília, 26 October 2000; 179 of independence and 112 of the Republic.
MARCO ANTONIO DE OLIVEIRA MACIEL Amaury Bier Martus Tavares William

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