Provisional Measure No. 2,187-12, Of 27 July 2001

Original Language Title: Medida Provisória nº 2.187-12, de 27 de Julho de 2001

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PROVISIONAL MEASURE # 2,187?12, DE July 27, 2001.

Provides on the readjustment of benefits maintained by Social Security, and changes devices from the Leis nthose 6,015, December 31, 1973, 8,212 and 8,213, July 24, 1991, 8,742, December 7, 1993, 9,604, 5 from February 1998, 9,639, May 25, 1998, 9,717, from November 27, 1998, and 9,796, of May 5, 1999, 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 The benefits held by Social Security will be readjusted, at 1º June 2000, in five comma eighty-one percent.

Single Paragraph. For the benefits granted by Social Security from 1º July 1999, the readjustment in the terms of the caput give?if?á according to the percentage indicated in the Annex to this Provisional Measure.

Art. 2º The art. 80 of Law No. 6,015 of December 31, 1973, passes the following addition to the following device:

?12) at least one of the following information: PIS/PASEP; registration number ; registration number at the National Institute of Social Insurance? INSS, if individual taxpayer ; number of previdential benefit? NB, if the deceased person is holder of any benefit paid by the INSS ; CPF number ; Registration number of the Identity Portfolio and the respective issuing body ; voter title number ; birth registration number, with book information, of the sheet and of the term ; number and series of the Labor Portfolio. " (NR)

Art. 3º The devices forward indicated in Law No. 8,212 of July 24, 1991, pass vigorously with the following essay:

" Art. 38. ..........................................................................................................................................................................

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§ 10. The agreement concluded with the State, the Federal District or the Municipality will further contain a clause in which they authorize, when there is a lack of payment of due debits or installments of parcelial agreements, the retention of the Participation Fund of the States? FPE or the Participation Fund of Municipalities-FPM and the pass to the National Social Insurance Institute-INSS of the value corresponding to the mora, on the occasion of the first transfer occurring after the communication of the previdual municipality to the Ministry of Finance.

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§ 12. The agreement provided for in this article will contain clause in which the State, the Federal District and the Municipality authorize the retention of the FPE and the FPM and the repass to the previdual municipality of the value corresponding to the current previdual obligations of the previous month upon receipt of the respective Participation Fund.

§ 13. It will further appear in the agreement mentioned in this article, clause in which the State, the Federal District or the Municipality authorize the retention by the financial institutions of other state, district or municipal revenues deposited therein and the repass to the INSS of the remainder of the established previdual debt, in the hypothesis where resources arising from the FPE and FPM are not sufficient for the discharge of the parcelial and current previdual obligations.

§ 14. The monthly value of current previdual obligations, for the purpose of this article, will be ascertained on the basis of the respective Service Time Guarantee and Information Guarantee Fund Recreation Guide? GFIP or, in the case of your no?presentation at the legal deadline, estimated, using?if the average of the last twelve competencies collected prior to the month of the retention provided for in § 12 of this article, without prejudice to the collection or refund or possible differences. " (NR)

" Art. 55. ..........................................................................................................................................................................

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II? be carrier of the Registration and Certificate of Social Assistance Benefit Entity, provided by the National Social Assistance Board, renewed every three years ;

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§ 6º The non-existence of debits in relation to social contributions is a necessary condition for the death and maintenance of the exemption in which this article is concerned, in observance of the provisions of § 3º of the art. 195 of the Constitution.? (NR)

?Art. 68. .......................................................................................................................................................................

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§ 3º The communication is to be made by means of forms for death enrollment, as model approved by the Ministry of Social Welfare and Social Assistance.

§ 4º In the form for death enrollment should be found, in addition to the data regarding the identification of the Civil Registration Card of Natural Persons, at least one of the following information regarding the deceased person:

a) PIS/PASEP; s enrollment number ;

b) registration number at the National Institute of Social Insurance? INSS, if individual taxpayer, or number of prevident benefit? NB, if the deceased person is holder of any benefit paid by the INSS ;

c) CPF number ;

d) Identity Portfolio registration number and respective issuer organ ;

e) number of voter title ;

f) number of the birth or marriage registration, with information from the book, the sheet and the term ;

g) number and series of the Labor Portfolio. " (NR)

" Art. 102. The values expressed in current currency in this Act will be adjusted in the same times and with the same indices used for the readjustment of the Social Security's continued benefit benefits.

Single Paragraph. The readjustment of the values of wages?from?contribution as a result of the change in the minimum wage will be discounted when the application of the indices to which the caputrefers. "(NR)

Art. 4º The devices forward indicated in Law No. 8,213 of July 24, 1991, pass vigorously with the following essay:

" Art. 41. The values of the benefits under maintenance will be readjusted, starting from 1º June 2001, pro rata, according to their respective start dates or their last readjustment, based on percentage defined in regulation, observed the following criteria:

I?preservation of the real value of the benefit ;

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III? annual update ;

IV? price variation of necessary and relevant products for the aferition of the maintenance of the purchase value of the benefits.

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§ 8º For benefits that have suffered majoration due to the raising of the minimum wage, the said increase is to be discounted when the application of the provisions of the caput, according to standards to be downloaded by the Ministry from Social Security and Social Care.

§ 9º When of the determination to fix the percentage of the benefit readjustment, indexes may be used that represent the variation in which it treats the inciso IV of this article, released by the Brazilian Institute of Geography and Statistics? IBGE or of congenial institution of recognized notoriety in the form of the regulation. " (NR)

?Art. 96. .......................................................................................................................................................................

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IV? prior or subsequent service time to the obligation of Social Security membership will only be counted upon compensation of the contribution corresponding to the respective period, with additional moratorial interest of zero comma five per cent to the month, capitalized annually, and fine of ten per cent. " (NR)

" Art. 134. The values expressed in current currency in this Act will be adjusted in the same times and with the same indices used for the readjustment of the values of benefits. " (NR)

Art. 5º Law No. 8,742 of December 7, 1993, passes vigorously with the following changes:

Art. 9º ............................................................................................................................................................................

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§ 3º The enrollment of the entity in the Municipal Social Care Council, or the Federal District Social Assistance Board, is essential condition for the referral of registration and entity certificate benefit of social assistance with the National Council for Social Assistance? CNAS.

........................................................................................................................................................................................? (NR)

?Art.18. ........................................................................................................................................................................

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III? observed the provisions of the Regulation, establish procedures for granting registration and certificate of social welfare benefit to private institutions providing services and social assistance advising it to provide services related to their institutional goals ;

IV? grant registration and certificate of social assistance benefit entity ;

.........................................................................................................................................................................................?(NR)

" Art. 28?A. Constitutes revenue from the National Social Assistance Fund, the proceeds of the disposal of the real estate of the extinct Brazilian Legion Foundation of Assistance. " (NR)

Art. 6º Law No. 9,604 of February 5, 1998, passes the following additional article:

" Art. 2º-A. The National Social Assistance Fund? FNAS may transfer financial resources for the development of continued social assistance actions directly to private welfare entities, from the jurisdiction of the month of December 1999, regardless of the celebration of agreement, arrangement, adjustment or contract, in exceptional character, when the repass cannot be effected directly to the State, Federal District or Municipality in consequence of the default of such person's defaults with the Social Security System.

Single Paragraph. The Executive Power will regulate the continued actions of social assistance, of which it treats this article, within thirty days, from December 10, 1999. " (NR)

Art. 7º The devices forward indicated in Law No. 9,639 of May 25, 1998, pass vigorously with the following essay:

Art. 1º The States, the Federal District and the Municipalities, until August 31, 2001, will be able to opt for the amortization of their debts to the National Social Insurance Institute? INSS, arising from social contributions, as well as those arising from ancillary obligations, up to the competence June 2001, upon employment of four percentage points of the States Participation Fund? FPE and nine percentage points from the Municipalities' Participation Fund?FPM.

§ 1º The federative units mentioned in this article will be able to choose to include in this kind of amortization the debts, up to the competence June 2001, of their municipalities and the foundations by them instituted and maintained, hypothesis in that there will be the three-point addition in the FPE percentage and three points in the percentage of the FPM referred to in the caput.

§ 2º Mediating the employment of a further four percentage points of the respective Participation Fund, the federal units referred to in this article may choose to include, in this kind of amortization, the debts constituted up to the competence June 2001 to with the INSS, of its public companies and mixed economy societies, keeping?whether the criteria for updating and incidence of legal additions applicable to companies of this nature.

§ 3º The inclusion of the divides of mixed economy societies in the amortization provided for in this article will depend on state, district or municipal authorization law.

§ 4º The amortization period will be two hundred and forty months, limited to the percentage predicted in the caput of this article and in art. 3º.

§ 5º In the hypothesis of application of the percentage limits referred to in § 4º the remaining balance will be repaced at the end of the agreement.

§ 6º Consolidated debt in the form of this article subjecting?if?á, as of the date of consolidation, to interest corresponding to the monthly variation in the Long-term Interest Rate? TJLP, vetoed the imposition of any other addition.

§ 7º The term of amortization in the hypotheses of § § 1º and 2º may not be less than ninety-six months, observing?if, in each case, the established percentage limits. " (NR)

Art. 2º .............................................................................................................................................................................

Single Paragraph. The bias concluded in the form of this article will contain clause in which the State, the Federal District or the Municipality authorize the retention of the FPE or the FPM and the return to the INSS of the value corresponding to each monthly provision, on the occasion of the math of this. " (NR)

" Art. 5º The agreement concluded on the basis of the arts. 1º and 3º shall contain clause in which the State, the Federal District or the Municipality authorize the retention of the FPE and the FPM and the return to the previdual municipality of the value corresponding to the current previdual obligations of the month prior to that of receipt of the respective Participation Fund.

§ 1º At the installments of the current previdual obligations quiesced in the form of the caput of this article, the provisions of the arts do not apply. 30, inciso I, point "b", and 34 of Law No. 8,212 of July 24, 1991.

§ 2º Constant, still, in the agreement mentioned in this article, clause in which the State, the Federal District or the Municipality authorize the retention by the financial institutions of other state, district or municipal revenues in them deposited and the return to the INSS of the remainder of the ascertained previdual debt, in the hypothesis where the resources arising from the FPE and FPM are not sufficient for the settlement of the amortization provided for in the art. 1º and current previderal obligations.

§ 3º The monthly value of current previdual obligations, for the purpose of this article, will be ascertained on the basis of the respective Reception Guide to the Service Time Guarantee Fund and Social Security Information Fund? GFIP or, in the case of your no?presentation at the legal deadline, estimated, using?if the average of the last twelve competencies collected prior to the month of retention, without prejudice to the collection or refund or compensation of any

§ 4º The amortization referred to in art. 1º of this Act, plus current previdual obligations, may, monthly, commit up to fifteen percentage points of Municipal Net Current Revenue.

§ 5º The values due to INSS for amortization and not collected, each month, on the grounds of the application of § 4º will be repaced at the end of the term of the agreement provided for in this article.

§ 6º For the purposes of this article, it is understood as Revenue Current Liquids Municipal the revenue calculated as per the Supplementary Law No. 101 of May 4, 2000. " (NR)

Art. 8º The LawNo. 9,717 of November 27, 1998, passes vigorously with the following changes:

Art. 1º ............................................................................................................................................................................

I? initial actuarial evaluation and each balance sheet using general parameters, for the organization and revision of the spat and benefits plan ;

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III? the contributions and resources linked to the Union Pensions Fund, States, the Federal District and Municipalities and the contributions of civilian and military personnel, active, inactive, and pensioners, can only be used for payment of previdential benefits of the respective schemes, ressaved the administrative expenses set out in the art. 6º, inciso VIII, of this Act, observed the limits on spending set in general parameters ;

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X? sealing of inclusion in benefits, for the purpose of calculation and perception of these, of paid installments paid as a function of trust, of office in commission or the place of work.

Single Paragraph. Additionally apply to the own social welfare schemes of the Federation's ents the incisos II, IV to IX of the art. 6º.? (NR)

Art. 1º-A. The public servant holder of effective office of the Union, States, the Federal District and the Municipalities or the military of the States and of the Federal District filmed the social welfare system of their own, when ceded to the organ or entity of another one of the federation, with or without burden for the transferee, shall remain bound to the regime of origin. " (NR)

Art. 2º ............................................................................................................................................................................

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§ 3º The Union, States, the Federal District and Municipalities shall publish, up to thirty days after the closure of each bimer, financial and budgetary demonstration of the revenue and pension expenditure and accumulated in the financial year in-course financial, explaining, as general guidelines, in a disaggregated manner:

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IV? the value of the total expenditure with civilian and military personnel ;

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VIII? the value of the financial balance of the social welfare system itself.

§ 4º Municipalities with a population lower than fifty thousand inhabitants may opt for publication, in up to thirty days after the closure of each semester, of the demonstration mentioned in § 3º.

§ 5º The Union, the States, the Federal District and Municipalities shall inform, annually, in the demonstration mentioned in § 3º the quantitative of servers and military, active and inactive, and pensioners linked to the social welfare system of their own.

§ 6º Before proceeding to any revisions, readjustments or appropriations of order and pension that involve increased expenditure, the state-owned ones should regularise the situation whenever the demonstration that it treats § 3º, in what is refers to the accumulated expenditure up to the bimester, indicate the defiation of the limits set in this Act.

§ 7º It is void of full right the act that causes increased pension expenses, without the observance of the limits provided for in this article. " (NR)

" Art. 2º?A. It is suspended, until December 31, 2003, the exigability of the provisions of the caput and in § 1º of the art. 2º of this Act.? (NR)

Art. 5º ............................................................................................................................................................................

Single Paragraph. It is vetoed to grant special retirement, pursuant to § 4º of the art. 40 of the Federal Constitution, until federal supplemental law discipline matter. " (NR)

Art. 7º ..........................................................................................................................................................................

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IV? suspension of payment of the values due by the General Social Welfare Regime on the grounds of Law No. 9,796 of May 5, 1999. " (NR)

Art. 9º ............................................................................................................................................................................

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III? the ascertaining of infractions, per accredited server, and the application of penalties, by organ of their own, in the cases provided for in art. 8º of this Act.

Single Paragraph. The Union, States, the Federal District and Municipalities will provide the Ministry of Social Welfare and Social Assistance, when requested, information on the social welfare and pension fund provided for in the art. 6º percent of this Act. " (NR)

Art. 9º Law No. 9,796 of May 5, 1999, passes vigorously with the following changes:

" Art. 5º The institution schemes shall present to the region of origin, within the maximum period of thirty-six months from the date of the entry into force of this Act, the data on the benefits in maintenance on that date, granted from the promulgation of the Federal Constitution.

........................................................................................................................................................................................?(NR)

Art. 8º?A. The financial compensation between the Union's own social security schemes, States, the Federal District and the Municipalities, in the hypothesis of reciprocal counting of contribution times, shall comply, in what couber, to the provisions of this Act. " (NR)

Art. 10. Is the National Institute of Social Insurance stay? INSS authorised to review the parcels paid in the period from October 5, 1988 to April 1993, arising from the benefits granted on the basis of Law No. 7,070 of December 20, 1982 using the same criteria, form, dates and indices adopted for the readjustment of the continued benefit benefits maintained by Social Security.

Single Paragraph. The difference established with the application of the provisions in this article shall be paid to the beneficiaries by October 31, 2000.

Art. 11. The social contributions raised by the INSS, whether or not included in tax notification, whose generator facts have occurred until March 1999, will be able, after verified and confessed, to be paid in up to twenty-four fixed monthly installments.

§ 1º The parcelation that it treats this article will be:

I? of up to twelve months for social contributions whose generator facts occurred in the period April 1999 until March 2000 ; and

II? granted independently of guarantees, applying?if?you the willing at art. 206 of Law No. 5,172 of October 25, 1966? National Tax Code.

§ 2º Could not be the object of parceliing the discounted social contributions of employees, including from domestic, avulsive workers, those arising from sub?rogation and the portions retained in the art form. 31 of Law No. 8,212 of July 24, 1991.

§ 3º From the application of the provisions in this article shall not result in the provision of less than R 500.00 (real five hundred), reducing the number of parcels, if any, to suit the parcellar at this limit.

§ 4º The defiance of the parcelin by the INSS is conditioned on the payment of the first instalment.

§ 5º For taxpayers who have a partner lament of social contributions at INSS, the conversion to the parcelsion for which this article is concerned, provided that the number of vincendas plots is reduced by half, respected the limits of the caput of this article and of § § 1º and 3º.

§ 6º The parceling will be terminated automatically, in case of delay equal to or greater than thirty-one days in the repayment of the plot, hypothesis where:

I? the debtor balance will be found taking?whether the value of the debt on the date of accession to the parcelial and subtracting?whether the parcels paid, without monetary correction ; and

Il? will focus interest on the new debtor balance, equivalent to the referential rate of the Special Settlement and Custody Special System? SELIC, ascertained between the date of the concession and termination of the parking, and fine of ten per cent.

§ 7º In case of a delay of less than thirty one days it will be charged a fine worth ten per cent on the arrears.

§ 8º In the debt inclusion hypothesis helped in the parcellar, the law fees are reduced to five per cent, observed that:

I? the fiscal execution will be suspended until full discharge of the debt helped, remaining, in that period, the pension of the goods already effected ; and

II? if there is termination of the parcelial, the fiscal execution will be followed, not by applying for the reduction of the fees advocating.

§ 9º The taxpayers will be able to join the parcelin that it treats this article up to 1º March 2001.

Art. 12. It is the authorized INSS, as of February 2001, to round up, to the immediately superior real unit, the values in cents of the continued benefit benefits paid monthly to their insured persons.

Single Paragraph. The values received the greater by the insured will be discounted in the payment of the Christmas gratification or the last benefit, in the hypothesis of their cessation.

Art. 13. The art. 3º of Law No. 7,070 of December 20, 1982, passes in addition to the following § 2º, remuneration?if the current single paragraph to § 1º:

" § 2º The beneficiary of this special pension, greater than thirty-five years, who requires permanent assistance from another person and who has received scoring greater than or equal to six, as set out in § 2º of the art. 1º of this Act, will do jus to an additional twenty-five per cent on the value of this benefit. " (NR)

Art. 14. The acts practiced on the basis of the Provisional Measure No. 2.187-11, of June 28, 2001, shall be convalidated.

Art. 15. This Provisional Measure comes into force on the date of its publication.

Art. 16. Revoke?if the single paragraph of the art. 56 and the art. 101 of Law No. 8,212 of July 24, 1991, the § § 1º and 2º of the art. 41, the art. 95 and the arts. 144 a to 147 of Law No. 8,213 of July 24, 1991, the arts. 7º to 9º and 12 a to 17 of Law No. 9,711 of November 20, 1998, and the incisos I and III of the art. 6º of Law No. 9,717 of November 27, 1998.

Brasilia, July 27, 2001 ; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Roberto Brant


ANNEX

FATOR READJUSTMENT OF BENEFITS GRANTED ACCORDING TO THE RESPECTIVE START DATES

DATA OF THE START OF BENEFIT

RESET (%)

until June / 1999

5.81

in July / 1999

5.31

in August / 1999

4.82

in September / 1999

4.33

in October / 1999

3.84

in November / 1999

3.35

in December / 1999

2.86

in January / 2000

2.38

in February / 2000

1.90

in March / 2000

1.42

in April / 2000

0.95

in May / 2000

0.47