DECREE NO 5,404 OF March 28, 2005

Disposes on the National Council of Supplementary Pension-CNPC, and gives other providence.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments conferring you the art. 84, incisos IV and VI, paragraph "a", of the Constitution,

DECRETA:

Art. 1º The National Supplementary Pension Council-CNPC, an integral collegiate body of the basic structure of the Ministry of Social Welfare, it is up to:

I-define the policies and guidelines applicable to the supplementary pension scheme operated by the closed entities of supplemental foresight ;

II-exercise the function of the regulator of the said regime ; and

III-enjoy and judge, by means of its Resource Chamber, the appeals brought against decisions of the Supervisory Board of the National Supplementary Pension Oversight-PREVIC regarding administrative penalties and Supervisory and Supervisory Rate of Supplemental Security-TAFIC.

Art. 2º The National Supplemental Welfare Council will be integrated:

I-by the Minister of State for Social Security, who will chair him ;

II-by the Director-Superintendent of PREVIC ;

III-by a representative of the Supplemental Health Policy Secretary, of the Ministry of Social Security ;

IV-by a representative of the Social Security Bureau, the Ministry of Social Welfare Social ;

V-by a representative of the Ministry of Finance ;

VI-by a representative of the Ministry of Planning, Budget and Management ;

VII-by a representative of the sponsors of benefits plans of the closed entities of supplemental foresight ;

VIII-by a representative of institution for benefits plans of the closed entities of supplemental foresight ;

IX-by a representative of the closed entities of supplemental foresight ; and

X-by a representative of the participants and assisted in benefits plans of the closed entities of supplemental foresight.

§ 1º The minimum quorum of sessions of the National Supplementary Pension Council is six members.

§ 2º The Supplier of the Minister of State for Social Security will be the Executive Secretary of the Ministry, and the Suplent of the Director-Superintendent of PREVIC will be one of the members of the PREVIC Directorate by him formally appointed.

§ 3º The Chairman of the CNPC sessions will have, in addition to his own vote, the quality.

§ 4º In the absence of the Minister of State for Social Security and its supplier, the chairmanship of the CNPC sessions shall be for the Director-Superintendent of PREVIC.

§ 5º The representatives referred to in the incisos III to VI, and their alternates, shall be indicated by the holders of the respective Ministries and appointed by the Minister of State for Social Security.

§ 6º The representatives to which the incisors VII and VIII refer, and their alternates, will be indicated and appointed by the Minister of State for Social Security.

§ 7º The representative referred to the inciso IX and its supplier will be indicated by the Brazilian Association of Supplementary Pension Entities-ABRAPP and designated by the Minister of State for Social Security.

§ 8º The representative referred to the inciso X and its supplier will be indicated by the National Association of Pension Fund Participants-ANAPAR and designated by the Minister of State for Social Security.

Art. 3º It is two years the mandate of the members of the CNPC referred to in the incision VII to X, permitted a reconduct.

Art. 4º The Board of Appeals of the National Supplementary Pension Council competes for the appreciation and judgment of interposed appeals against the decision of the PREVIC's Colegiated Directorate on:

I-the conclusions of the final report of administrative proceedings, initiated by lavratura of self-infringement or by the establishment of administrative inquiry, instituted to ascertain the responsibility of physical or legal person, by action or omission, in the exercise of their assignments or competences, relating to infringement of the legislation in the scope of the supplementary pension scheme operated by the closed entities of supplementary pension ; and

II-the impugments regarding TAFIC's tax launches.

§ 1º The CNPC Resource Chamber will be made up of five federal occupant servers of effective post, of reputation ilibada and notorious knowledge in supplementary pension, designated by the CNPC president.

§ 2º The appeal referred to in the caput that has per object discuss the application of penalty pecuniary, or the value of the TAFIC, will only follow up if the appellant instruct you with proof of the deposit of thirty per cent of the due value.

§ 3º After the final decision in the processes mentioned in § 2º, the advance value for purposes following the voluntary feature will be:

I-returned to the appellant, if the decision is favourable to you, by the updated value in the terms of the art caput. 13 of Provisional Measure No. 233 of December 30, 2004 ; and

II-converted into payment, duly deducted from the value of the requirement, if the decision is disfavorable to the appellant.

Art. 5º The internal regiment of the CNPC will be approved by the Minister of State for Social Security and published in the Official Journal of the Union.

Art. 6º This Decree shall enter into force of the date of its publication.

Art. 7º It shall be repealed Decree No 4,678 of April 24, 2003.

Brasilia, March 28, 2005 ; 184º of the Independence and 117º of the Republic.

LUIZ INACIO LULA DA SILVA

Paulo Bernardo Silva

Romero Juhere Filho