Provisional Measure No. 359, March 16 2007

Original Language Title: Medida Provisória nº 359, de 16 de Março de 2007

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Provisional measure no. 359, MARCH 16 2007.
Changes the laws on 10355, of 26 December 2001, 10855, of 1 April 2004, 8112 of 11 December 1990, 11457, of 16 March 2007, 10910, of 15 July 2004, 11171, of 2 September 2005, 11233, and 22 December 2005, and other matters.
The PRESIDENT of the REPUBLIC, in the use of the role that gives the art. 62 of the Constitution, adopts the following provisional measure, with force of law: Art. 1 law No. 10355, of 26 December 2001, with the following changes:? Art. 20............................................................................................. § 3 Until 29 February 2008 or until it is edited the regulation referred to in § 2, whichever occurs first, the functional progressions and promotions which have been implemented will be granted observing, in fit, the rules applicable to servers in the classification plan of positions of law no 5645, December 10, 1970.? (NR)
? Art. 3 it is established, as from 1 July 2008, the Specific social security Bonus-GEP, due to members of the Pension in the amount of Career R$ 238.00 (238 dollars)? (NR)
Art. 20 law No. 10855, of 1 April 2004, with the following changes:? Art. 5 the positions of Assistant level and effective serving intermediary, members of the Social insurance institution, the staff of SOCIAL SECURITY, whose duties, qualification requirements, education, professional qualification or expertise required for admission are identical or essentially the same are grouped into positions of same name and general assignments, as set out in annex V by naming: I-the auxiliary level jobs : Other services; and II-intermediate-level positions: the Various Services Agent);
(b) Miscellaneous Services technician); or c) Technical Assistant Social insurance.? (NR)
? Art. 7................................................. § 1 For the purposes of this Law, progression is the passage from the server to the next higher maturity pattern within the same class, and promoting the passage of the last pattern of a class to the first standard of the next higher class, observing the following requirements: (I)-for purposes of functional progression: a) line of interstitial 18 months of effective exercise in each standard; and b) Habilitation in individual performance evaluation equivalent to at least 70% the maximum score from assessments made in the interstitial considered for progression;
II-for purposes of promotion: a) line of interstitial 18 months of effective exercise in the last pattern of each class;
b) Habilitation in individual performance evaluation equivalent to at least 70% the maximum score from assessments made in the interstitial considered for promotion; and c) participation in training events with minimum hours established in regulation.
§ 2 the interstice of eighteen months of effective exercise for functional progression and for promotion, as set forth in subparagraph (a)? of sections I and II of this article, shall be: (I)-computed from the date of validity of the regulation as referred to in art. 8;
II-computed in days, discounted the distances that are not legally considered to be effective exercise; and III-suspended in cases where the server get away without remuneration, being taken over the statement from the return to activity.
§ 3 In interstitial score required for promotion and progression, will be harnessed the time computed from the date of last promotion or progression until the date on which the progression and promotion have been regulated, as provided for in art. 8.? (NR)
? Art. 8. Executive Act determine the criteria for the granting of functional progression and promotion of the art. 7.? (NR)
? Art. 9th Until 29 February 2008 or until it is edited the regulation referred to in art. 8, whichever occurs first, the functional progressions and promotions which have been implemented will be granted observing, in fit, the rules applicable to servers in the classification plan of positions of law no 5645, December 10, 1970.? (NR)
? Art. 11. Is established the performance bonus Social Security-GDASS Activity, due to the members of the Social insurance institution, depending on the institutional and individual performance.
§ 1 the GDASS shall be paid subject to the maximum limit of 100 points and the minimum of 30 points per server, matching each point, at their respective levels and classes, to the value laid down in annex VI.
§ 2 the score for the GDASS will be distributed this way: I-up to 20 points will be allocated on the basis of the results obtained in the evaluation of individual performance; and II-up to 80 points will be allocated on the basis of the results obtained in the evaluation of institutional performance.
§ 3 The individual and institutional performance evaluations shall be carried out every six months, considering the monthly monitoring records, and used as a management tool, with the identification of aspects of the performance that can be improved through training and professional development opportunities.
§ 4 the evaluation of individual performance aims to measure the performance of the server in the performance of duties of the position or function, focusing on individual contribution to the achievement of organizational objectives.
§ 5 the institutional performance assessment aims to gauge the reach of organizational goals, considering the mission and goals of the institution.
§ 6 the parameters and criteria of the granting of the portion pertaining to institutional and individual performance evaluation shall be set out in regulation.
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§ 8o The goals relating to the evaluation of institutional performance shall be laid down in the Act of the Minister of State for Social Security using as parameter indicators aimed at measuring the quality of services related to the finalística activity of the INSS, which may be revised at any time, before the onset of factors that may exert significant influence and direct in its achievement.
§ 9 the institutional performance assessment of crowded servers on Central Direction of the INSS will be corresponding to the average assessment of Regional Managements.
§ 10. The evaluation of institutional performance of the servers full in Regional Management, Regional Audits, Regional Offices and Regional internal affairs will be corresponding to the average of the evaluation of Executive Management linked to Regional Managers.
§ 11. From March 1, 2007, until February 29, 2008 and until they are dealt with the criteria and procedures of verification of the individual performance and institutional assessments, and processed the results of the first performance evaluation, for the purposes of attribution of GDASS, the amount due of monthly payment for Active Server will be 80 points, observed the respective levels and classes.
§ 12. The result of the first performance evaluation will generate financial effects from the beginning of the first trial period and shall be paid the greater differences, compensated or less.
§ 13. The GDASS shall be paid, non-cumulative, with the bonus of activity contemplated in the law delegated to the 13 of August 27, 1992? (NR)
? Art. 15................................................... I-when transferred to the Presidency or the Vice Presidency of the Republic, in the amount equivalent to 100% of individual portion, the institutional assessment period;
II-when in Office in the Ministry of Social Security and on the boards of its basic structure or linked to them, based on the same rules as if they were valid in the SOCIAL SECURITY; or III-when transferred to agencies or entities of the Federal Executive Branch, other than those referred to in items I and II of this article, invested in positions in Commission of special nature and group-direction and Advice-of 6 levels, 5 and 4, or equivalent, will find the GDASS in the amount equivalent to the institutional evaluation of the period? (NR)
? Art. 16. For the purposes of incorporation of GDASS the proceeds of retirement or pensions, on the servers of the Social insurance institution, the following criteria will be adopted: I-for pensions granted and pensions imposed until 19 February 2004, the bonus will be equal to thirty points of the maximum value of their level, class and standard;
II-for pensions granted and pensions imposed after February 19 2004:) when the server that led to the retirement or pension falls within the provisions of arts. 3 and 6 of the constitutional amendment in 41, of 19 December 2003, and in art. 3 of 47 Constitutional Amendment, of 5 July 2005, shall apply to the value of the points listed in paragraph I of this article;
(b)) to the other, shall apply for the purposes of calculating retirement and pensions, the provisions of law No. 10887, June 18, 2004.? (NR)
Art. 3rd Law No. 10855, 2004, apply plus the following items:

? Art. 5th-a. effective serving positions top-level Pension Analyst, members of the Social insurance institution, the staff of INSS retained general assignments, they call themselves Social Security Analyst.? (NR)
? Art. 5-b. specific assignments of positions dealing with the arts. 5 and 5-to be laid down in regulation? (NR)
? Art. 20-a. Is sealed the redistribution of the servers members of the Career of Social Security, as well as the redistribution of posts of the staff of any organs and entities of the federal public administration, agencies and foundations for social security? (NR)
? Art. 21-the. The vacant positions of higher level and intermediate level of social security established by law Career on 10355, 2001, the positions classification plan-MCP established by law No. 5645, 1970, of the General Plan of positions in the Executive Branch-introduced by law in the 11357 PGPE, of 19 October 2006, and related plans, staff of the SOCIAL SECURITY on 19 March 2007, are transformed into positions of Social Security Analyst and assistant coach of the Social insurance institution, the corresponding level? (NR)
Art. 4 the law on 10855, 2004 shall apply plus the annexes V and VI, in accordance with annexes I and II of this provisional measure.
Art. 5 from 1 July 2008, the annex IV of law No. 10855, 2004, goes into effect in accordance with annex III of this provisional measure.
Art. 6 Is now defunct, as of July 1, 2008, the Specific Social Security Bonus-GESS, established by art. 17 of law No. 10855, 2004.
Art. 7 the application of the provisions of this provisional measure, the active servers, inactive and to pensioners, cannot imply reduction of remuneration, earnings and pensions.
Sole paragraph. In the event of a reduction in remuneration, pension proceeds or resulting from the application of the provisions of this provisional measure, the difference shall be paid by way of personal advantage Nominally Identified-VPNI, to be absorbed during the development, reorganization or restructuring of career, the restructuring of remuneration table, granting of tariff adjustments, additional, gratuities or advantage of any kind, as the case may be.
Art. 8. The arts. 76-98 of the law and on 8112, of 11 December 1990, shall take effect as follows:? Art.76-A. .....................................
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§ 1o .............................................
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III.............................................) 2.2% (two integers and two-tenths percent), when it comes to activities referred to in item I and II of the caput of this article;
b) 1.2% (an integer and two-tenths percent), when it comes to activity referred to in sections III and IV of the caput of this article? (NR).
? Art. 98............................................................................................. § 4 shall also be granted special time, linked to the compensation of schedule to be effective within a year, to the server who carries out the activity referred to in subparagraphs I, II, art. 76-this Law? (NR)
Art. 9th art. 12 of the law on 11457, of 16 March 2007 shall apply plus the following paragraphs:? § 4 servers referred to in this article may, within a period of 180 days from the date referred to in item II of art. 51 of this Act, apply for your stay in their organ of origin, with the administration demonstrate on the application.
§ 5 the servers referred to in this article will find their respective salaries and perks like in-Office were on the organ of origin, until the validity of the law will have on their careers, positions, compensation, capacity and exercise? (NR)
Art. 10. art. 6 of law no 15 of 10910, July 2004, goes into effect as follows:? Art. 6 for the purpose of measuring institutional performance referred to in item II of § 1 of art. 4 and in item II of art. 5 of this law, will be considered the result of the sum of amounts recovered by the Attorney General of the National Treasury and the collection of internal revenue service of Brazil? (NR)
Art. 11. The heading of art. 30 of law No. 11171, of 2 September 2005, goes into effect as follows:? Art. 30. The functions moved to Techniques for Commissionable DNIT will be returned to the Ministry of planning, budget and management, gradually, until 31 December 2007, subject to timetable established in regulation? (NR)
Art. 12. The heading art. 10 of law No. 11233, of 22 December 2005, goes into effect as follows:? Art. 10. The Commissioned Functions moved to Techniques for the organ and the entities referred to in art. 1 of this Act shall be returned to the Ministry of planning, budget and management, gradually, until 31 December 2007, subject to timetable established in regulation? (NR)
Art. 13 This provisional measure shall enter into force on the date of its publication, producing financial effects: I-from March 1, 2007, with respect to art. 2 and item III of art. 14; and II-from May 1, 2007, with respect to art. 10. Art. 14. Are hereby repealed: (I)-art. 2 of the Law on 11302, of 10 May 2006;
II-the arts. 12 and 14 of law No. 10855, of 1 April 2004;
III-the art. 4 of the Law on 10997, of 15 December 2004;
IV-the art. 2 of the Law on 10997, of 15 December 2004 on the amending art. 12 of law No. 10855, of 1 April 2004;
V-from 1 July 2008: a) the head paragraph of art. 17 and the art. 17 of law No. 10855, of 1 April 2004; and (b)). 3 of law No. 10 of 11302 May 2006;
VI-from 2 May 2007: a) § 1 of art. 39 and the arts. 44 and 94 of law 8212 of July 24, 1991;
(b)) § 2 of art. 24 of law no 5 9317, December 1996;
c) § 5 of art. 15 of law No. 10593, of 6 December 2002;
d) the arts. 1, 2, 3, 4, 6 and 7, items I, II, III, IV, VI and VII of the art. 8 and the art. 9 of Law on 11098, of 13 January 2005;
and) art. 16 of the law on 11080, of 30 December 2004; and (f)) the arts. 1 8620, laws on 5 January 1993, 9528, and 10 December 1997, in part to alter the arts. 44 and 94 of law 8212 of July 24, 1991.
Brasilia, March 16 2007; the 1860s and 119 of the Republic.
LUIZ INACIO LULA DA SILVA Guido Mantega Paulo Bernardo Silva Nelson Machado this text does not replace that published in the 19.3.2007

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