PROVISIONAL MEASURE NO 359, DE March 16, 2007.

Altera the Laws in the 10,355, of 26 million December 2001, 10,855, from 1st April 2004, 8,112, December 11, 1990, 11,457, March 16, 2007, 10,910, July 15, 2004, 11,171, September 2, 2005, and 11,233, of December 22, 2005, and gives others provider.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution conferring you the art. 62 of the Constitution, adopts the following Interim Measure, with force of law:

Art. 1st Law No 10,355 of December 26, 2001, passes vigorously with the following changes:

?Art. 2nd .........................................

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§ 3rd until February 29, 2008 or until is edited the regulation referred to in § 2nd, whatever occurs first, functional progressions and promotions whose conditions have been implemented shall be granted by observing, in what couber, the standards applicable to the servers of the plan of classification of posts of Law No 5,645 of December 10, 1970.? (NR)

?Art. 3o-A. It is instituted, starting from 1st July 2008, the Specific Previdual Gratification-GEP, due to the members of the Previdential Carrier, worth R$ 238.00 (two hundred and thirty-eight reais).? (NR)

Art. 2nd Law No 10,855, from 1st April 2004, passes vigorously with the following changes:

?Art. 5th the effective and intermediate level effective prosecution posts, members of the Social Insurance Carrier, from the INSS Personnel Framework, whose assignments, qualification requirements, schooling, professional habilitation or specialization required for admission are identical or essentially equal are grouped together in positions of the same denomination and general assignments as set out in Annex V, passing

I-the auxiliary level posts: Helper of Miscellaneous services ; and

II-the intermediate level posts:

a) Miscellaneous Services Agent ;

b) Technical of Various Services ; or

c) Technical Assistant to Social Insurance.? (NR)

?Art. 7th .................................................

§ 1st For the purposes of this Law, progression is the server pass to the immediately superior due standard within a same class, and promotion the server pass from the last standard of a class to the first class standard immediately higher, observing the following requirements:

I-for purposes of functional progression:

a) fulfillment of the eighteen-month interstum of effective exercise in each pattern ; and

b) habilitation in performance evaluation individual corresponding to, at the very least, seventy per cent of the maximum limit of the score of the evaluations performed at the interstection considered for progression ;

II-for promotion purposes:

a) fulfillment of the eighteen-month interstum of effective exercise in the last standard of each class ;

b) habilitation in performance evaluation individual corresponding to, at the very least, seventy per cent of the maximum limit of the score of the evaluations performed at the intersttation considered for promotion ; and

c) participation in capacity-building events with minimum hourly load established in regulation.

§ 2nd The eighteen-month interstination of effective exercise for functional progression and promotion, as set out in point?a? of the incisos I and II of this article, will be:

I-computed to count of the duration of the regulation to which the art refers. 8o;

II-computed in days, discounted the aphapartments that are not legally considered to be effective exercise ; and

III-suspended, in cases where the server if ward off without pay, being resumed the comic from return to activity.

§ 3rd In the count of the interstential required à promotion and progression, will be taken advantage of the time computed from the date of the last promotion or progression to the date on which progression and promotion have been regulated, as laid out in art. 8th.? (NR)

?Art. 8o Act of the Executive Power will regulate the criteria for granting functional progression and promotion that it treats art. 7th.? (NR)

?Art. 9th until February 29, 2008 or until it is edited the regulation referred to in art. 8th, whatever occurs first, functional progressions and promotions whose conditions have been implemented will be granted by observing, in what couber, the standards applicable to the servers of the rank of rank plan of Law No 5,645, 10 of December 1970.? (NR)

?Art. 11. It is instituted the Social Insurance Activity Performance Gratification-GDASS, due to the Social Insurance Carrier's members, depending on the institutional and individual performance.

§ 1st A GDASS will be paid for the limit maximum of one hundred points and the minimum of thirty points per server, corresponding each point, in their respective levels and classes, to the value set out in Attachment VI.

§ 2nd The score regarding GDASS will be like this distributed:

I-up to twenty points will be assigned in function of the results obtained in the evaluation of individual performance ; and

II-up to eighty points will be awarded in function of the results obtained in the assessment of institutional performance.

§ 3rd The individual performance evaluations and institutional will be held semester, considering monthly monitoring records, and used as a management tool, with the identification of aspects of performance that can be improved by means of opportunities to capacity-building and professional improvement.

§ 4th The individual performance evaluation aims to benchmark the performance of the server in the exercise of the assignments of the post or function, with a focus on the individual contribution to the scope of organizational objectives.

§ 5th The Institutional Performance Assessment aims to sway the scope of organizational goals, considering the mission and objectives of the Institution.

§ 6th The parameters and criteria of the grant of the instalment regarding the institutional and individual performance evaluation will be established in regulation.

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§ 8th The targets for the evaluation of institutional performance will be fixed in the act of the Minister of State for Social Security using as parameter indicators that aim to benchmark the quality of services related to the finalistic activity of INSS, and may be reviewed, the any time, ante the superveniency of factors that come to exert significant and direct influence on achieving it.

§ 9th The Institutional Performance Assessment of the servers loated in the INSS Central Direction will be corresponding to the average of the evaluation of Regional Gerencies.

§ 10. The institutional performance evaluation of the servers packed in the Regional Managers, Regional Audits, Regional Corregedorias and Regional Procuratorates will be corresponding to the average of the evaluation of the Executive Generations linked to the Generations Regional.

§ 11. From 1st March 2007, until February 29, 2008, and until the criteria and procedures for the evaluation of individual and institutional performance assessments are regulated, and processed the results of the first assessment of performance, for purposes of attributing GDASS, the due monthly payment per active server will be eighty points, observed the respective levels and classes.

§ 12. The result of the first performance evaluation will generate financial effects from the start of the first evaluation period, and eventual compensation paid for higher or minor.

§ 13. GDASS will be paid, in a non-cumulative manner, with the Activity Gratification that it treats the Delegated Act No 13 of August 27, 1992.? (NR)

?Art. 15.....

I-when ceded to the Presidency or the Vice Presidency of the Republic, amounting to one hundred per cent of the individual instalment, applying for the institutional evaluation of the period ;

II-when in exercise at the Ministry of Social Security and the Integral Boards of their basic structure or to them linked, calculated on the basis of the same valid rules as if they were in exercise at the INSS ; or

III-when ceded to organs or entities of the Federal Executive Power, other than the nominees in the incisors I and II of this article, invested in positions in Special Nature and Group Board-Direction and Superiors-DAS, levels 6, 5 and 4, or equivalents, will perceive GDASS in value equivalent to the institutional evaluation of the period.? (NR)

?Art. 16. For the purposes of incorporation of GDASS to the pension order or pensions, concerning Social Insurance Carrier's servers, the following criteria will be adopted:

I-for pension schemes awarded and pensions instituted until February 19, 2004, the gratification will be corresponding to thirty points of the maximum value of the respective level, class and standard ;

II-for retirements granted and pensions instituted after February 19, 2004:

a) when the server that gave rise to the retirement or pension falls under the willing in the arts. 3rd and 6th of Constitutional Amendment No 41, December 19, 2003, and at art. 3rd of Constitutional Amendment No 47 of July 5, 2005, the constant point value of the inciso I of this article will apply ;

b) to the rest, apply, for the purposes of calculation of pensions and pensions, the provisions of the Act no 10,887, of June 18, 2004.? (NR)

Art. 3rd The Law No 10,855, 2004, passes the following additional articles:

?Art. 5o-A. The upper level effective prop posts of Previdential Analyst, members of the Social Insurance Carrier, from the INSS Personnel Framework, held general assignments, go on to denominate Social Insurance Analist.? (NR)

?Art. 5o-B. The specific assignments of the posts of which they treat the arts. 5th and 5o-A will be established in regulation.? (NR)

?Art. 20-A. It is vetoed the redistribution of the integral servers of the Social Insurance Carrier, as well as the redistribution of posts from the personnel cadres of any organs and entities of the direct, municipal and founder federal public administration to the INSS.? (NR)

?Art. 21-A. The lower-level vacant posts and intermediate level of the Previdual Carrier instituted by Law No 10,355 of 2001, of the Cargo-PCC Classification Plan instituted by Law No 5,645 of 1970, of the General Plan of Cars of Executive Power- PGPE instituted by Law No 11,357 of October 19, 2006, and of correlated plans, of the INSS Personnel Framework on March 19, 2007, stay transformed into positions of Social Insurance Analyst and Social Insurance Technical Assistant, respected the corresponding level.? (NR)

Art. 4th Law No 10,855, 2004, passes the increased vigour of Annexes V and VI, on the terms, respectively, of Annexes I and II of this Interim Measure.

Art. 5th As of 1st July 2008, Annex IV of the Act No 10,855, 2004, passes the vigorously in accordance with Annex III of this Interim Measure.

Art. 6th Stay extinct, starting from the 1st of July 2008, the Specific Gratification of Insurance Social-GESS, instituted by art. 17-A of the Act No. 10,855, 2004.

Art. 7th The application of the provisions in this Provisional Measure, to active servers, to inactive and to pensioners, it will not be able to imply reduction in remuneration, proof and pensions.

Single Paragraph. In the hypothesis of reducing the remuneration, provenance or pension arising from the application of the Provisional Measure, the difference shall be paid for the nominally-identified Personal Advantage Title-VPNI, to be absorbed on the occasion of development in office, reorganization, or restructuring of career, remunerative table restructuring, granting of readjustments, additional, gratuities or advantage of any nature, as the case is.

Art. 8th The arts. 76-A and 98 of the Act No. 8,112 of December 11, 1990, pass vigorously with the following essay:

?Art.76-A. .....................................

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§ 1st .............................

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III- ..............................

a) 2.2% (two integers and two tenths per hundred), in dealing with activities provided for in the inciso I and II of the caput of this article ;

b) 1.2% (an integer and two tenths per cent), in whether it is treated for activity predicted in the incisos III and IV of the caput of this article.? (NR).

?Art. 98. ........................................

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§ 4th It will also be granted time special, linked to the time compensation to be effective within up to one year, to the server performing activity provided for in the incisos I, II, of the art. 76-A of this Act.? (NR)

Art. 9th The art. 12 of the Act No 11,457 of March 16, 2007, passes the following additional paragraphs:

?§ 4th The servers referred to in this article will be able to, within one hundred and eighty days counted from the date referred to in the inciso II of the art. 51 of this Act, apply for your stay in your body of origin, with the administration manifesting itself on the request.

§ 5th The servers to which this article refers will realize their respective maturities and advantages as if in exercise they were in the home organ, until the law of law that will have over their careers, posts, remuneration, lotion and exercise.? (NR)

Art. 10. The art. 6th of Law No 10,910 of July 15, 2004, passes vigorously with the following essay:

?Art. 6th For the purposes of afering the institutional performance provided for in the inciso II of § 1st of the art. 4th and in the inciso II of the art. 5th of this Act, will be considered the result of the sum of the credits recovered by the Attorney General of the National Farm and the collection of the Office of the Federal Revenue Office of Brazil.? (NR)

Art. 11. The art caput. 30 of the Act No 11,171 of September 2, 2005, passes vigorously with the following essay:

?Art. 30. The Commissioned Functions remanded to the DNIT will be restituted to the Ministry of Planning, Budget and Management, gradually, by December 31, 2007, observed timeline set out in regulation.? (NR)

Art. 12. The caput art. 10 of the Act No 11,233 of December 22, 2005, passes vigorously with the following essay:

?Art. 10. The Functions Commissioned technical remanded to the organ and entities referred to in art. First of this Act will be restituted to the Ministry of Planning, Budget and Management, gradually, until December 31, 2007, observed schedule set out in regulation.? (NR)

Art. 13 This Provisional Measure comes into effect on the date of its publication, producing effects financial:

I-from 1st March 2007, in respect of art. 2nd and inciso III of the art. 14 ; and

II-as of 1st May 2007, in respect of art. 10.

Art. 14. Stay revoked:

I-the art. 2nd of Law No 11,302 of May 10, 2006 ;

II-the arts. 12 and 14 of the Law No 10,855, from 1st April 2004 ;

III-the art. 4th of Law No 10,997 of December 15, 2004 ;

IV-the art. 2nd of Law No 10,997 of December 15, 2004, in the part amending the art. 12 of the Law No 10,855, from 1st April 2004 ;

V-as of 1st July 2008:

a) the art caput. 17 and the art. 17-A of Law No 10,855, from 1st April 2004 ; and

b) the art. 3rd of Law No 11,302 of May 10, 2006 ;

VI-as of May 2, 2007:

a) the § 1st of the art. 39 and the arts. 44 and 94 of the Law No 8,212 of July 24, 1991 ;

b) the § 2nd of the art. 24 of Law No 9,317 of December 5, 1996 ;

c) the § 5th of art. 15 of Law No 10,593 of December 6, 2002 ;

d) the arts. 1st, 2nd, 4th, 6th and 7th, the incisos I, II, III, IV, VI and VII of the art. 8th and the art. 9th of Law No 11,098 of January 13, 2005 ;

e) the art. 16 of Law No 11,080 of December 30, 2004 ; and

f) the arts. 1st of the Laws in the 8,620, January 5, 1993, and 9,528, of December 10, 1997, in the part altering the arts. 44 and 94 of the Law No 8,212 of July 24, 1991.

Brasilia, March 16, 2007 ; 186th of the Independence and 119th of the Republic.

LUIZ INACIO LULA DA SILVA

Guido Mantega

Paulo Bernardo Silva

Machado Nelson

This text does not replace the published in the DOU of 3/19/2007