Provisional Measure No. 2165-36 Of August 23, 2001

Original Language Title: Medida Provisória nº 2.165-36, de 23 de Agosto de 2001

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PROVISIONAL MEASURE # 2.165-36, OF August 23, 2001

Instituted the Aid-Transport, has on the payment of the military and the servers of the Federal Executive Power, including from its municipalities, foundations, public companies and mixed economy societies, and gives other arrangements.

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

Art. 1º It is hereby instituted the Aid-Transport in sinus, paid by the Union, of an indensitive legal nature, intended for the partial cost of the expenses incurred with municipal collective, intermunicipal transport or interstate by the military, servers and public servants of the Union's direct, municipal and founder Federal Administration, in the offsets of their residences for the workplaces and vice versa, exceeded those carried out in the displacements at intervals for rest or food, during the work journey, and those made with selective or special transports.

§ 1º It is vetoed the incorporation of the aid to which this article refers to salaries, remuneration, provenance or pension.

§ 2º The Aid-Transport will not be considered for the purposes of income tax or contribution purposes for the Social Security Plan and health care plans.

Art. 2º The monthly value of the Aid-Transport will be ascertained from the difference between expenditures carried out with collective transport, in the terms of the art. 1º, and the six per cent discount of:

I-soldier of the military ;

II-salary of the effective post or employment occupied by the server or employee, yet occupier of office in commission or special nature ;

III-salary of the post in commission or of a special nature, when it is a server or employee who does not occupy an effective office or employment.

§ 1º For the purposes of the discount, the calculation basis shall be deemed to be the value of the solder or salary proportional to twenty-two days.

§ 2º The value of the Aid-Transport may not be less than the monthly value of the expenditure effectively carried out with the transport, nor higher than that resulting from its table framing defined in the manner of the art willing. 8º.

§ 3º It will not do jus to Aid-Transport the military, the server or employee who carry out expenses with collective transportation equal to or less than the percentage provided for in this article.

Art. 3º The Aid-Transport will not be due cumulatively with benefit of similar species or personal advantage originating in any form of compensation or aid paid under the same title or identical ground, except when the server or employee acquiestly accumulates another job or job in the direct, municipal and founder Federal Administration of the Union.

Single Paragraph. In cases of lawful accumulation of posts or jobs in which the displacement to the place of exercise of one of them is not residency-work per server option or employee, it may be considered in the grant of the Aid-Transport the displacement work-work.

Art. 4º Fair jus to Aid-Transportation the military, the servers or employees who are in the effective performance of the job or employment assignments, vetoed their payment when the organ or entity provides to their military, servers or employees the residential displacement-work and vice versa, by means of their own or contractors on the basis of the exceptions provided for in regulation, as well as in absences and in the departs considered in law as of effective exercise, ressalvaged those granted by virtue of:

I-cession where the burden of remuneration is on the organ or the transferor entity ;

II-participation in training program regularly instituted, as per the regulation ;

III-jury and other mandatory services by law.

Single Paragraph. It will not be due to Aid-Transport by the organ or entity of origin to the server or employee ceded to public enterprise or mixed economy company, even if it has opted for the remuneration of the effective office or employment.

Art. 5º The payment of the Aid-Transport will be effected in the month prior to the use of collective transportation, in the terms of the art. 1º, save in the following hypotheses, when they will do so in the subsequent month:

I-start of the effective performance of job or employment assignments, or resumption of exercise arising from the closure of licenses or legal apartments ;

II-alteration in the fare of collective transport, residential address, pathway or means of transport used, in relation to its supplementation.

§ 1º The discount on Aid-Transportation of the day on which it is verified that it will see its payment will be processed in the subsequent month and considered the proportionality of twenty-two days.

§ 2º The daily will suffer discount corresponding to the Aid-Transportation to which you do jus the military, the server or employee, except those eventually paid for on weekends and holidays, observed proportionality provided for in § 1º.

Art. 6º The grant of the Aid-Transport shall be made upon declaration affirmed by the military, server or employee in which it attests to the carrying out of the transportation expenses under the art. 1º.

§ 1º Given the information contained in the declaration that it treats this article, without prejudice to the ascertaining of administrative, civil and criminal responsibilities, shall be true.

§ 2º The declaration is to be updated by the military, server or employee whenever changes in the circumstances that substantiate the grant of the benefit occur.

Art. 7º The contractors for time determined in the form of Law No. 8,745 of December 9, 1993, and the military contractors to provide Job for Time Right in the form of Law No. 6,880 of December 9, 1980, make jus to the Aid-Transport instituted by this Provisional Measure, observed the provisions of the art. 2º.

Single Paragraph. Contractors for time determined in the form of Law No. 8,745 of 1993, which are remunerated by production, will not do jus for the transportation stamp that treats the caput of this article, and the food stamp referred to in art. 22 of Law No. 8,460 of September 17, 1992.

Art. 8º The grant of the Aid-Transport will give you as per the provisions of regulation, which will further establish the maximum time limit for the replacement of the Valley-Transport by Aid-Transport in sinus, conditioned its initial payment to the presentation of the declaration that it treats art. 6º.

Art. 9º From the month of February 2001, the payment of remuneration of the military and the servers of the Federal Executive Power, including from its municipalities and foundations, as well as of the employees of the public companies, of mixed-economy corporations and the other entities controlled directly or indirectly by the Union, regardless of the source of resources used for payment of these expenses, shall be made second regulation to be edited by the Power Executive.

§ 1º The regulation dealing with the caput of this article shall not be able to establish payment date after the second working day of the subsequent month to that of competence.

§ 2º Should the date of payment adopted be arising out of agreement or collective agreement of employment, the leader of the state enterprise should arrange, on the occasion of the next said collective or collective agreement, the change of the date of payment, with views to the fulfillment of the provisions of the caput of this article.

Art. 10. The willing on art. 9º applies to the retirees of retirees, the soles of the military in the reserve and the pensions due to deceased server and military beneficiaries.

Art. 11. The acts practiced on the basis of the Provisional Measure No. 2.165-35, of July 26, 2001, shall be convalidated.

Art. 12. This Provisional Measure comes into force on the date of its publication.

Art. 13. They are revoked § 1º of the art. 1º of Law No. 7,418 of December 16, 1985 and the art. 6º of Law No. 8,627 of February 19, 1993.

Brasilia, August 23, 2001 ; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Geraldo Magela of the Quintan Cross

Martus Tavares