LEI No. 10,855, DE 1º OF APRIL OF 2004.

Provides on the restructuring of the Previdential Carrier, of which it treats Law No. 10,355 of December 26, 2001, instituting the Social Insurance Carrier, and gives other provider.

THE PRESIDENT OF THE REPUBLIC I do know that the National Congress decrees and I sanction the following Law:

Art. 1º This Act has on the restructuring of the Previdential Carrier, of which it treats Law No. 10,355 of December 26, 2001, instituting the Social Insurance Carrier, sets the respective maturities and advantages and has on the transposition, to this Carrier, of effective, vacant and busy positions, members of the Personnel Board of the National Institute of Social Insurance-INSS.

Art. 2º It is structured the Social Insurance Carrier, composed of the actual vacant posts governed by Law No. 8,112 of December 11, 1990, members of the INSS Personnel Framework, and of the effective posts whose occupants meet the requirements established by this Act, and which are:

I-members of the Previdential Carrier instituted by Law No. 10,355 of December 26, 2001, or ;

II-governed by the Cargos Classification Plan instituted by Law No. 5,645 of December 10, 1970, or by correlated plans, provided that they were booked at the INSS on November 30, 2003.

§ 1º It does not apply to the provisions of this article's caput to occupants of the positions of Expert Medical Supervisor, Auditor-Fiscal of Social Security and Federal Prosecutor.

§ 2º The positions of the Social Insurance Carrier are grouped together in classes and standards, in the form of Annex I of this Act.

Art. 3º The servers referred to in the art caput. 2º of this Act, members of the INSS Personnel Framework, will be framed in the Social Insurance Carrier in accordance with their respective assignments, professional training requirements and relative position in the Correlation Table, constant of Annex II of this Act.

§ 1º The framework for dealing with the caput of this article will give itself upon unretractable option of the server, to be formalized within 120 (one hundred and twenty) days, to be counted from the duration of the Provisional Measure No. 146, 11 million December 2003, in the form of the Term of Option, constant from Annex III of this Act, whose financial effects will apply from the date of implantation of the Basic Maturity Tables referred to in Annex IV of this Act.

§ 2º The option by the Social Insurance Carrier implies waiver of the plots of values incorporated in remuneration by administrative or judicial decision, giving precedence to the cash advance that it treats art. 8º of Law No. 7,686 of December 2, 1988, which shall win after the commencement of the financial effects referred to in § 1º of this article.

§ 3º The waiver that treats § 2º of this article is limited to the percentage resulting from the variation in basic salary prevailing in the month of November 2003 and the basic salary proposed for December 2005, as per the provisions in Annex IV of this Act.

§ 4º The values incorporated in remuneration, the object of the waiver referred to in § 2º of this article, which are paid to the active servants, retirees and pensioners, by administrative or judicial decision, in the month of November 2003, will suffer proportional reduction in the deployment of the Basic Maturity Tables, of which it treats art. 17 of this Act, and the surplus values shall be converted into nominally identified personal difference of a provisional nature, reducible in the same proportion referred to above, subject only to the readjustment index applicable to the maturities of the federal public servants, as a general review of remuneration and allowances.

§ 5º Completed the implantation of the tables in December 2005, respected the ones with § § 3º and 4º of this article, the possibly surplus value will continue to be paid as a nominally identified personal advantage, subject to only to the readjustment index applicable to the salary tables of the federal public servants, by way of general review of remuneration and allowances.

§ 6º The option by the Social Insurance Carrier will not be able to cover reduction of the remuneration perceived by the server.

§ 7º For the purposes of ascertaining the surplus value referred to in § § 4º and 5º of this article, the parcel which was being paid in each period of implantation of the Tables listed in Annex IV of this Act, subject to the proportional reduction, shall not will be considered in the demonstration of the remuneration received in the month prior to that

§ 8º The option that treats § 1º of this article subject to ongoing legal action, relating to the cash advance, whose decisions are prolated after the commencement of the implantation of the Tables of which it treats Annex IV of this Law, to the criteria set forth in this Act, on the occasion of the

§ 9º In the framing, no level change can occur.

§ 10. The deadline for exercising the option referred to in § 1st of this article, in the cases of servers departed in the terms of the arts. 81 and 102 of Law No. 8,112 of December 11, 1990 will be counted from the termination of the removal.

Art. 4º The admission to the offices of the Social Insurance Carrier shall be in the initial standard of the initial class of the respective office, upon public tender of evidence or evidence and securities, requiring a higher or medium degree, or equivalent, completed, as per the level of the office, observed the requirements laid down in the relevant legislation.

Single Paragraph. The contest referred to in the caput of this article may, when couber, be carried out by areas of specialisation, arranged in one or more stages, including, if applicable, training course, as per the opening edition of the certain, observed to relevant legislation

Art. 5º The Executive Power shall promote, upon decree, within the period up to 90 (ninety) days of the entry into force of the Provisional Measure No. 146 of December 11, 2003, the reclassification of the posts incorporated into the Social Insurance Carrier in the form of the art. 2º of this Act, observed the following criteria and requirements:

I-unification, in positions of the same denomination and level of schooling, of the posts of distinct denominations, originating from the Previdential Carrier, the Cargo-PCC Classification Plan and of plans corps, whose assignments, qualification requirements, schooling, professional habilitation or specialization required for admission are identical or essentially equal to the target positions ;

II-transposition to the respective posts, and inclusion of the servers in the new situation, obeyed the correspondence, identity and similarity of assignments between their office of origin and the office in which it is framed ;

III-location of the occupant servers of the reclassified posts in references, levels or standards of the classes of the assigned positions of destination determined by applying the framework criteria set out in this Act.

Art. 6º The remuneration of the integral servers of the Social Insurance Carrier will be composed of the following installments:

I-Basic Maturity, in the values indicated in the Tables listed in Annex IV of this Act ;

II-Gratification of Executive Activity, of which it treats the Delegated Act No. 13 of August 27, 1992 ;

III-Gratification of Social Insurance Activity Performance-GDASS ; and

IV-Individual Pecuniary Advantage, of which it treats Law No. 10,698 of July 2, 2003.

Art. 7º The development of the servers in the positions of the Social Insurance Carrier will give you through functional progression and promotion.

§ 1º The functional progression is the server motion of a pattern to the following, within a same class, observed the minimum interstum of 12 (twelve) months of effective exercise.

§ 2º The promotion is the server motion of the last standard of a class to the first standard of the following class, observed the 12 (twelve) interstice months in relation to the immediately prior functional progression.

Art. 8º The promotion and functional progression will occur upon evaluation by merit and participation in outreach courses, as per the regulation.

Art. 9º Until it is regulated the art. 8º of this Act, functional progressions and promotions whose conditions have been implemented by the date of their duration will be granted by observing, in what couber, the standards applicable to the servers of the Charges of Charges of Law No. 5,645, of December 10, 1970.

Art. 10. The posts of the servers referred to in the art caput. 2º of this Act that do not opt for the Social Insurance Carrier will integrate framework into extinction.

Single Paragraph. The servers referred to in the caput of this article will continue to be remunerated in accordance with the career or plans to which they remain belonging.

Art. 11. It is instituted the Performance Gratification of Social Insurance Activities-GDASS, due to the Social Insurance Carrier's members for institutional and individual performance, at the maximum value of R$ 513.00 (five hundred and thirteen real), for the top level, R$ 184.00 (one hundred and eighty-four reais), for the intermediate level and R$ 101.00 (one hundred and one real), for the auxiliary level, subject only to the general readjustment indices applicable to the remuneration of federal public servants.

§ 1 ] Institutional performance evaluation, limited to 40% (forty percent) of the value of GDASS, aims to spark performance in the range of organizational goals.

§ 2º The attribution of the values to each server will observe the minimum and maximum percentage obtained in the evaluation of institutional performance, observed the collective evaluation of the INSS servers and the evaluation unit of the server, and the individual performance.

§ 3º The individual performance evaluation, limited to 60% (sixty per cent) of the value of GDASS, aims to assess server performance in the exercise of the job or function assignments, with a focus on their performance in the team for the reach of organizational objectives.

§ 4º The average of the INSS server set performance evaluations may not be more than 60% (sixty percent).

§ 5º GDASS will be paid, non-cumulatively, with the Activity Gratification of which it treats the Delegated Act No. 13 of August 27, 1992 and will not serve as a basis of calculation for any other benefits or advantages.

§ 6º The server that does not reach 35% (thirty-five per cent) of the scoring relative to the performance evaluation will be subjected to the capacity-building process, and should be evaluated again, within 6 (six) months, counted from the earlier evaluation.

§ 7º The server will only lose the right to GDASS perception, by virtue of performance evaluation, if it gets punctuation lower than that provided in § 6th of this article also in the second assessment.

Art. 12. The criteria and procedures of the evaluation of institutional and individual performance and allocation of GDASS will be laid down in regulation.

Art. 13. It is vetoed to use the individual evaluation that it treats this Act for the purpose of loss of the server post.

Art. 14. The maximum directors of Superintendency, Management-Executive, Social Welfare Agency and the occupants of Grade-Direction and Higher-Addiction Offices-DAS, levels 6 and 5, who exercise their assignments in the INSS will perceive GDASS at its integral value.

Art. 15. Members of the Social Insurance Carrier who do not meet in the effective exercise of the activities inherent in their respective posts will only jus the GDASS at the following hypotheses:

I-when ceded to the Presidency or Vice-Presidency of the Republic, calculated on the basis of the same valid rules as if they were in exercise in the ceding body ;

II-when ceded to organs or entities of the Federal Executive Power other than those indicated in the inciso I of the caput of this article, as follows:

a) the server invested in office in Special Nature and Grupo-Direction and Superior-DAS, levels 6 and 5, or equivalent, will perceive the GDASS as willing on art. 14 of this Act ; and

b) the server invested in office in Group commission-Direction and Advisor Superiors-DAS, level 4, or equivalent, will perceive the GDASS corresponding to 75% (seventy and five percent) of its maximum value ;

III-when in exercise at the Ministry of Social Welfare and in the member Councils of its basic structure or linked to it, calculated as willing in the inciso I of this article.

Art. 16. GDASS will integrate the pension and pension order's ordeal, according to:

I-the average of the values received in the last 60 (sixty) months ; or

II-the value corresponding to 30% (thirty percent) of the maximum value to which the server would do jus in the activity, when perceived for a period of less than 60 (sixty) months.

§ 1º To pensions and pensions granted up to the duration of the Provisional Measure No. 146 of 2003, the provisions of the inciso II of the caput of this article apply.

§ 2º Contact the reduction of probable or pension arising from the application of the provisions of this Act, the difference shall be paid as a nominally identified personal advantage, subject only to the readjustment index applicable to the tables of salaries of federal public servants, the title of general revision of remuneration and allowances.

Art. 17. The salary tables, the one that refers to the inciso I of the art. 6º of this Act, will be progressively implanted in the months of December 2003, September 2004, May 2005 and December 2005, as per the constant values of the Basic Maturity Tables that integrate Annex IV of this Act.

Single Paragraph. On the values of the Tables listed in Annex IV of this Act will focus the readjustment indices applicable to the salary tables of federal public servants, as a general revision of remuneration and allowances, as of 2004.

Art. 18. The provisions of this Act apply to retirees and pensioners.

Art. 19. Until it is edited the act referred to in art. 12 of this Act, GDASS will be paid to the occupational servers of effective positions or commissioned and trustworthy roles and functions, which it makes jus, in the values corresponding to 60% (sixty per cent) of its maximum values.

Art. 20. The servers of the INSS Personnel Framework, without prejudice to the rights and advantages of the office of origin, may be ceded in order to have exercise in the Ministry of Social Security, regardless of the function to be exercised.

Art. 21. The vacant posts of the Previdential Carrier and the Cargo-PCC Classification Plan and correlated plans, from the INSS Personnel Framework, on the date of the publication of the Provisional Measure No. 146 of December 11, 2003, will be transformed into posts of Analist Previdenciary and Technical Technician of the Social Insurance Carrier, respected the corresponding level.

Art. 22. The expenses resulting from the implementation of this Act will run into the Union budget allocation account.

Art. 23. Applies to occupant servers of member positions of the Previdential Carrier the willing on art. 15 of this Act.

Art. 24. The provisions of this Act do not apply to the aggregated servers of which it treats the Law No 1,741 of November 22, 1952.

Art. 25. This Act shall enter into force on the date of its publication.

Brasilia, 1º April 2004 ; 183º percent of Independence and 116º percent of the Republic.

LUIZ INACIO LULA DA SILVA

Guido Mantega

Amir Lando