LEI No. 10,876, DE June 2, 2004

Creates the Medical Expertise Career of Social Security, has it on the remuneration of the Medical-Pericial Supervisor of the Personnel Board of the National Institute of Social Insurance? INSS and gives other arrangements.

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

Art. 1º It is created, pursuant to this Act, the Social Security Medical Expertise Career, consisting of the effective positions of Social Security Medical Expert.

Art. 2º Competes privately to the occupants of the Social Security Medical Expert Office and, in addition, to the occupants of the office of the Medical Supervisor-Pericial of the career of which it treats the Law No 9,620 of April 2, 1998, within the framework of the Institute National Social Insurance-INSS and the Ministry of Social Welfare-MPS, the exercise of the medical-pericial activities inherent in the General Social Security Regime of which they treat the Laws in the 8,212, July 24, 1991, and 8,213, of July 24 of 1991, to the Law No 8,742 of December 7, 1993? Organic Welfare Law, and the implementation of the Law No 8,112 of December 11, 1990, and in particular:

I-emission of conclusive opinion as to the labor-ability for previdual purposes ;

II-inspection of work environments for previdential purposes ;

III-characterization of disability for previdential and assistential benefits ; and

IV-execution of the remaining activities set out in regulati

Single Paragraph. The Medical Experts of Social Security will be able to apply for supplementary examinations and expert opinions to be carried out by third parties hired or convenienced by the INSS, when necessary to the performance of their activities.

Art. 3º Are you transformed into positions of Social Welfare Medical Healthcare Expert from Social Security Medical Healthcare the current effective Medical Charges of the Charges Classification Plan? PCC, of which it treats Law No. 5,645 of December 10, 1970, or plans for posts correlates of the INSS Personnel Board, Medical Board of the Public Career, of which it treats Law No. 10,355 of December 26, 2001 and Medical of the Carrier of the Social Insurance, of which it treats Law No. 10,855, from 1º April 2004, whose occupants are in effective exercise of the medical expertise activities in the units of the National Social Insurance Institute and the Ministry of Social Welfare.

Single Paragraph. They will be framed in the Social Security Medical Expertise Career, upon option, the current occupants of the posts mentioned in the caput of this article, provided that their investiture has observed the relevant constitutional and ordinary norms prior to October 5, 1988 and, if later than this date, have passed approval in specific public tender for the posts referred to in the caput of this article.

Art. 4º The effective positions of Social Security Medical Expert Expert of the Social Welfare Medical Charter and the Medical-Pericial Supervisor Charges of the Medical-Pericial Supervisor, of which it treats Law No. 9,620 of April 2, 1998, will observe the structure of classes and patterns of maturities set out in Annex I of this Act.

Art. 5º The occupant servers of the actual posts that it treats art. 4º of this Act will perceive the basic Maturity Table values of which it treats Annex II of this Act, observed the respective work journey of 20 (twenty) or 40 (forty) weekly hours, respectively, with duration from 1º million February 2004, 1º September 2004, 1º from May 2005, 1º December 2005, 1º from July 2006 and 1º December 2006.

Single Paragraph. (VETADO)

Art. 6º The positioning in the respective maturities of the current occupants of the posts of which it treats the art. 4º of this Act will be effected by observing the correlation set out in Annex III of this Act.

Single Paragraph. The placement of retirees and pensioners in the remunerative table will be referred to the situation where the server was on the date of retirement or in which the pension originated, effective from the date of publication of Measure Provisional No. 166 of February 18, 2004.

Art. 7º The framing of which treats the single paragraph of art. 3º of this Act will give itself upon unretractable option of the active server, retired or respective pensioners, to be formalized within 90 (ninety) days, from the duration of the Provisional Measure No. 166 of February 18, 2004, in the form of the term of option, set out in Annex IV of this Act, whose financial effects shall apply as of the date of the duration of that Interim measure.

§ 1º The option referred to in the caput of this article implies waiver of the plots of values incorporated in remuneration by administrative or judicial decision, attributing itself precedence to the cash advance that it treats the Act in the 7,686, of December 2, 1988, to win after the commencement of the financial effects referred to in the caput of this article.

§ 2º The waiver that treats § 1º of this article is limited to the percentage resulting from the variation between the basic salary prevailing in the month of January 2004 and the basic salary set in Annex II of this Act for December of 2006.

§ 3º The occupants of the posts referred to in art. 3º of this Act that did not formalize the option referred to in the caput of this article will remain in the situation in which they were on the date of the entry into force of the Provisional Measure no 166 of February 18, 2004, not doing jus to the maturities and advantages by she established.

§ 4º The values incorporated in remuneration, the object of the waiver referred to in § § 1º and 2º of this article, which are paid to the active servants, retirees and pensioners, by administrative or judicial decision, in the month of January 2004, will suffer proportional reduction in the deployment of the Basic Maturity Tables, of which it treats art. 5º 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 2006, 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 Security Medical Perfection Carrier will not be able to cover reduced compensation 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 to be paid in each period of implantation of the Tables listed in Annex II 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 proofed after the commencement of the implantation of the Tables of which it treats Annex II of this Law, to the criteria set out in this Act, on the occasion of the execution, observed the provisions of § 5º of this article as to the nominally identified personal advantage payment.

§ 9º The deadline for exercising the option referred to in the caput 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. 8º The admission to the posts of the Social Security Medical Expert Career is conditional on the mandatory fulfillment of the work journey established at art. 19 of Law No. 8,112 of December 11, 1990.

Single Paragraph. They stay kept for the occupants of the posts that it treats the single paragraph of the art. 3º of this Act the tasks, the professional training requirements and the weekly working journey of the originating positions, as set out in the legislation in force on the date of publication of the Provisional Measure No. 166 of February 18, 2004, being secured the 40 (forty) hours for those who were in the journey exercise of 40 (forty) hours, on the basis of § § 1º and 2º of the art. 1º of Law No. 9,436 of February 5, 1997 on the date of publication of the Provisional Measure No. 166 of February 18, 2004.

Art. 9º The admission to the posts that it treats this Act will always give itself in the first standard of the initial class, by enabling in public tender, evidence or evidence and securities, as per the regulation, requiring as a prerequisite the enabling in medicine.

§ 1º The contest referred to in the caput of this article may be carried out in one or more stages, including training course when judged relevant, as per the opening edition of the certain and observed the legislation pertinent.

§ 2º The regulation referred to in the caput of this article may have on other requirements for admission, in addition to the superior course in completed medicine.

Art. 10. The development of the servers that it treats this Act will occur upon functional progression and promotion.

§ 1º For the purposes of this Act, functional progression is the pass-through of the server to the immediately superior maturity pattern within a same class, and promotion, the server pass from the last standard of a class to the first of the immediately superior class.

§ 2º The functional progression and promotion will observe the requirements and conditions to be fixed in regulation, and should take into consideration the results of the server performance evaluation.

Art. 11. It is instituted the Gratification of Medical-Pericial Activity Performance-GDAMP, due to the occupants of the posts to which the art refers. 4º of this Act.

Art. 12. The gratification instituted in art. 11 of this Act will be paid with the observance of the following percentages and limits:

I-up to 30% (thirty per cent), incident on basic server maturity, due to the results of the individual performance evaluation ; and

II-up to 25% (twenty-five per cent), incident on the highest basic salary of office for the occupants of the posts referred to in art. 4º of this Act, as a result of the results of the institutional evaluation.

§ 1º Institutional performance evaluation aims to assess the scope of institutional goals, and may consider priority projects and activities and special working conditions, and other specific features of the INSS.

§ 2º The individual performance evaluation aims to assess server performance in the exercise of job or function assignments, with a focus on individual contribution to the scope of organizational objectives.

Art. 13. Ressalvated the right of option for retirement as per the standards set out in art. 40 of the Constitution or the standards laid down in art. 2º of Constitutional Amendment No 41 of December 19, 2003, GDAMP will integrate the pension and pension precepts of the servers amidated by the provisions of the art. 6º of that Constitutional Amendment, 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.

Single Paragraph. To pensions and pensions granted up to the duration of the Provisional Measure in 166, February 18, 2004, the provisions of the inciso II of the caput of this article apply.

Art. 14. The occupational occupants referred to in art. 4º of this Act that you meet in the condition of Maximum Superintendency, Management-Executive and Social Security Agency, Benefits Management Board of Benefits by Incapacity or Group holders-Direction and Management Senior Advising-DAS, levels 6 and 5, at the National Social Insurance Institute and the Ministry of Social Welfare will perceive GDAMP at its full value.

Art. 15. The effective post holder referred to in art. 4º of this Act that is not in exercise at the National Social Insurance Institute or the Ministry of Social Security will, exceptionally, make jus to GDAMP in the following situations:

I-when requested by the Presidency or Vice-Presidency of the Republic, will perceive GDAMP calculated on the basis of the rules applicable to INSS ;

II-the server invested in office in Special Nature commission, DAS 6, DAS 5, or equivalent, will perceive GDAMP in calculated value based on the provisions of the art. 14 of this Act ; and

III-the server invested in office in commission DAS 4, or equivalent, will perceive GDAMP worth 75% (seventy-five per cent) of its maximum value.

Art. 16. The criteria and procedures of the evaluation of institutional and individual performance and allocation of GDAMP will be established in regulation.

§ 1º While it is not regulated and until the results of the performance evaluation are processed, GDAMP will correspond to 25% (twenty-five per cent) incidents over the basic salary of each server.

§ 2º The result of the first evaluation generates financial effects from the beginning of the evaluation period, and any differences paid to greater or minor should be offset.

§ 3º The provisions of this article apply to the occupants of commissioned posts or functions that do jus to GDAMP.

Art. 17. To the active server recipient of GDAMP which obtains score less than 30% (thirty per cent) of the maximum point limit for individual evaluation in two consecutive individual assessments will be ensured empowerment process, of responsibility of the INSS, and shall again be assessed, within 6 (six) months, counted from the previous assessment.

Art. 18. GDAMP will not be due to those who are not in the performance of assignments arising from the public server condition.

Art. 19. In the compensation reduction hypothesis of the occupants of the posts of which it treats art. 4º of this Act arising from the implementation of this Act, the difference shall be paid as a nominally identified personal advantage, to be absorbed on the occasion of the reorganization or restructuring of the remunerative career or table, of the granting of readjustments, additional, gratuities or general character advantage instituted by law, excluded the readjustments arising from the general revision of the remuneration and subsidies of federal public servants.

Art. 20. The application of the provisions of this Act to retirees and pensioners will not be able to imply reduction in order and pensions.

Single Paragraph. Noted the reduction in proof or pension arising from the application of the provisions in this Act, the difference shall be paid for the nominally identified personal advantage, subject exclusively to the update arising from the general review of remuneration of federal public servants

Art. 21. As a result of the willing in the arts. 4º and 11 of this Act, the servers covered by the provisions of the art. 4º of this Act cease to make jus, respectively, to Activity Gratification, of which it treats the Delegated Act No 13 of August 27, 1992 ; to the Technical Activity Performance-Administrative Performance Gratification-GDATA, instituted through the Act in the 10,404, of January 9, 2002 ; to Predictive Activity Performance-GDAP, instituted through the Law No 10,355 of December 26, 2001 ; to the Social Insurance Activity Performance Gratification-GDASS, instituted by intermediate of the Act No. 10,855, from 1º April 2004 ; and to Performance Gratification and Efficiency-GDE, instituted through the Act no 9,620, of April 2, 1998.

Art. 22. Until it is regulated the art. 10 of this Act, functional progressions and promotions will be granted by observing, in what couber, the standards applicable to the servers of the Charges Classification Plan of Law No 5,645 of December 10, 1970.

Art. 23. They are set up, for exclusive exercise in the INSS Personnel Framework, 3,000 (three thousand) Social Security Medical Expert Positions.

Art. 24. It is the authorised INSS, in an emergency character, to promote, by a maximum of 24 (twenty-four) months from the duration of the Provisional Measure no 166, of February 18, 2004, the accreditation of medical professionals to provide medical expertise services for the purposes of granting and maintaining previdential benefits.

§ 1º For the purposes of the chaput of this article, in the edition, they should be considered, among the criteria for the accreditation, the professional experience in the medical-pericial activity, the residence in the locality in which the activity will be exercised and the technical qualification of participants in the tender process of hiring medical expertise services.

§ 2º The retribution for medical professionals accredited in the form of the caput of this article will be established in act of the President of the INSS, which should fix the values to be paid for expertise carried out, the maximum number monthly permitted of perician per accredited professional within the framework of each INSS Executive Office, the conditions for the realization of medical perks and the instruments of control and afering of the regularity of the exercise of activities.

§ 3º The President of the INSS will be publishing in the Official Journal of the Union and on site on the worldwide internet computer network, monthly, the nominal monthly relationship of accredited medical experts, of her constando the address and the professional registration, the number of medical perks held in the previous month and the total number of medical perks held in the current year by accredited medical professional up to the previous month, as well as the total amount, carried out in the month prior and accumulated in the current year, of the total expertise performed by accredited professionals and the expense carried out with their respective consideration, within each General Manager.

Art. 25. It is vetoed the redistribution of doctor positions from the personnel cadres of any organs and entities of the direct, municipal and founder federal public administration for the INSS.

Single Paragraph. (VETADO)

Art. 26. The expenses arising from the provisions of this Act shall run into the account of the appropriations earmarked in the Union budgets.

Art. 27. This Act shall enter into force on the date of its publication.

Brasilia, June 2, 2004 ; 183º of Independence and 116º of the Republic.

LUIZ INACIO LULA DA SILVA

Guido Mantega

Amir Lando