DECREE NO. 4,942, OF December 30, 2003.

Regulates the administrative process for ascertaining liability for infraction to the legislation in the framework of the supplementary provident regime, operated by the closed supplementary provident entities, of which it treats art. 66 of the Supplementary Law No. 109 of May 29, 2001, the application of administrative penalties, and gives other arrangements.

PRESIDENT OF THE REPUBLIC, in the use of the assignment which gives it the art. 84, inciso IV, of the Constitution, and with a view to the provisions of the Supplementary Act No. 109 of May 29, 2001,

DECRETA:

CHAPTER I

OF THE SCOPE OF COMPREHENSIVENESS

Art. 1º The administrative process for ascertaining liability for infraction to the legislation under the supplementary provident regime, operated by the closed entities of supplementary welfare, and the application of the corresponding penalties are disciplined by this Decree.

Art. 2º The administrative process dealt with in this Decree is the instrument intended to ascertain responsibility of physical or legal person, per share or omission, in the exercise of your assignments or competencies, and shall begin with the lavrature of the infringement self or the setting up of the administrative enquiry.

Single paragraph. The administrative enquiry will arise from the intervention decrement or extrajudicial settlement, pursuant to the art. 61 of the Supplementary Act No. 109 of May 29, 2001, of the offer of denunciation and representation, as well as of surveillance activity taken into effect by the Supplemental Pension Office.

CHAPTER II

OF THE ADMINISTRATIVE PROCESS ARISING FROM THE SELF-INFRINGEMENT

Section I

From the Lavratura of the Infringement Self

Art. 3º The infringement self is the document intended for the registration of occurrence of infraction practiced under the supplementary provident regime, operated by the closed supplementary provident entities.

Single paragraph. In one same watchdog activity, so many infringing autos will be laundered as many as the infractions committed.

Art. 4º The infringer auto will contain the following requirements:

I-place and date of your lavrature;

II-identification of the autuary;

III-summary description of the infraction;

IV-the legal grounds of autuation and of the circumstances in which it was practiced;

V-identification of the autuent authority with office or function, number of matriculation and signature; and

VI-deadline and venue for submission of the defence.

Art. 5º The infringement self will be issued in as many avenues as necessary, being one intended for the prosecution of the administrative process, one to the notification of each autuary and another to the closed entity of provident complimentary.

Art. 6º The notification will carry out:

I-by-post, proving its delivery by the receiving notice or similar document with the same purpose, issued by the postal service;

II-upon science of the autuado or its legal representative, effective by designated server, or, in the case of refusal, of signature affidavit in express statement of whom to proceed with the notification; or

III-by edital, published a single time in the Official Journal of the Union, if thwarted the attempts to notify by post and personnel, or by the finding of being in the autuary in uncertain or ignored place, owing record of the edital the initial term for counting of the deadline for submission of the defence.

§ 1º If the autuade takes science from the infringement self before receiving the notification, the deadline for submission of the defence will be counted from the said science.

§ 2º The delivery of the self-infringement the prosecutor requires joined by proxy with powers to receive notification, and may be the copy of this authenticated by the server at the sight of the original.

Art. 7º Will be lavished the infringement self arising from the non-fulfillment of requisition of documents or information formalized by the Supplemental Welfare Office, or still by its presentation deficient or incomplete.

Single paragraph. The requisition provided in the caput should be formulated in writing, in advance of at least three working days.

Art. 8º The offender self will observe the model to be defined by the Secretary of Welfare Supplementary.

Section II

Of Defense

Art. 9º The autuado will be able to present defense to the Supplementary Welfare Office, within fifteen days, counted from the date of the Receipt of the notification, indicating:

I-the authority to whom it is directed;

II-the qualification of the autuado;

III-the grounds, in fact and in law, that sustain advocacy; and

IV-all the evidence it intends to produce in a justified manner, including the rol of any witnesses.

Single paragraph. For each self-infringement may be presented defence jointly or separately if they are two or more the autuaders.

Art. 10. The defense presented outside of the deadline will not be known.

Section III

From the trial and the Decision-Notification

Art. 11. It is incumbent upon the Secretary of Welfare Supplementation to judge the self-infringement.

Art. 12. The decision-notification is the document by which it gives science to the autuate of the outcome of the trial of the infringement self.

§ 1º Integrates the decision-notification the report containing summary of the facts ascertained, the analysis of the defence and the evidence produced.

§ 2º The autuado will take science from the decision-notification, observed the provisions of the art. 6º of this Decree.

Section IV

Of The Feature

Art. 13. From the decision of the Supplementary Welfare Secretary to be appeded to the Supplementary Welfare Management Board, with suspensive effect, within fifteen days, counted from the receipt of the decision-notification.

§ 1º The appeal, addressed to the Supplemental Welfare Management Board, will be protocoled in the Supplementary Welfare Office.

§ 2º The appeal could be referred to the Supplementary Pension Office by via postcard, with acknowledgement of receipt, considering as the date of your interposition the date of the respective post.

§ 3º It is provided to the Supplementary Welfare Secretary to motivately reconsider his decision, within fifteen days, counted from the receipt of the appeal.

Art. 14. The voluntary appeal, in the penalty penalty hypothesis, will only be known if it is proven by the appellant, in the appeal's interposition act, the advance deposit of thirty percent of the value of the imposed fine.

Single paragraph. The deposit effected by one of the auturees does not take advantage of the rest.

Art. 15. The intempestively interposed feature will not be known.

Art. 16. It will be the object of an offending appeal to the decision that annuls or cancels the infringement self, as well as the reconsideration provided for in § 3º of the art. 13.

Art. 17. After the judgment of the appeal by the Supplemental Welfare Management Board, the administrative procedure will be returned to the Supplementary Welfare Office for the appropriate arrangements.

§ 1º The decision of the judgment of the appeal by the Board of Management of Supplementary Welfare will be published in the Official Journal of the Union.

§ 2º It is not up to appeal against the decision of the Board of Management of Supplementary Welfare.

Art. 18. Administrative support to the Supplemental Welfare Management Board, as a recursal body, will fit the Supplemental Welfare Registry.

Art. 19. It is final the decision handed down against which no more appeal is available.

Section V

Of The Early Deposit

Art. 20. In the event of the appeal of the appeal, the deposit shall be restituted to the depositor, duly corrected.

Single paragraph. When the deposit is to overcome the fine imposed in last and final administrative instance, the surplus value will be returned to the depositor, duly corrected.

Art. 21. The Supplemental Welfare Office will set out the rules for the pick-up, updating and surveying of the deposit.

Section VI

Of Administrative Penalties

Art. 22. The failure to comply with the provisions contained in the Supplementary Laws in the 108, of May 29, 2001, and 109, of 2001, or of its regulation, subject to the offender to the following administrative penalties:

I- warning;

II-suspension of the exercise of activities in supplementary provident entity by the deadline of up to one hundred and eighty days;

III-inabilitation, by the time limit of two to ten years, for the exercise of office or function in supplementary provident entity, holding companies, financial institutions and in the public service; and

IV-fine of R$ 2,000.00 (two thousand reais) to R$ 1,000,000.00 (a million reais), owing these values, as of May 30, 2001, to be retuned in a way to preserve, in permanent character, their real values.

§ 1º The penalty foreseen in the inciso IV could be applied cumulatively with the constants of the incisels I, II or III.

§ 2º Since there has been no injury to the entity, to the benefit plan by it administered or to the participant and no circumstance aggravating predicted in the inciso II of the art. 23, if the offender corrects the wrongdoing committed by the deadline set by the Supplemental Welfare Office, it will not be dishwashable the infringement self.

Art. 23. The penalties provided for in the art. 22 will be applied by the Supplemental Welfare Office, taking into consideration the following mitigating or aggravating circumstances:

I-mitigating:

a) the non-existence of damages to the closed entity of supplementary welfare, to the plan of benefits by it administered or to the participant;

b) the regularization of the act that has enclosed the infraction, up to the administrative decision of first instance;

II-aggravating:

a) recidivism;

b) commitment of infraction with the attainment of undue advantages, of any kind, in own benefit or of outrain;

c) non-adoption of providences in the sense of avoiding or repairing injured acts of which it has become aware.

§ 1º For each attendant verified, the penalty of fine will be reduced by twenty percent of its original value and in the chances of suspension and inabilitation, the deadlines will be reduced by ten percent, respected the minimum deadlines set out in the incisos II and III of the art. 22.

§ 2º For each aggravated compounding, the penalty of fine shall be increased by twenty percent of its original value, except for the case of recidivism, to which paragraph 5º of this article applies, and in the hypotheses of suspension and inabilitation, the deadlines will be increased by ten per cent, respected the maximum deadlines set out in the incisos II and III of the art. 22.

§ 3º The existence of one of the aggravating foreseen in the inciso II excludes the incidence of the attenuations provided for in the inciso I.

§ 4º Characterizes the recidivism the infringement to the same legal device, by the same person, in the period of five years, counted from the definitive administrative sentencing decision.

§ 5º The penalty of fine, in the recidivism, will be applied at double, respected the limit predicted in the inciso IV of the art. 22 of this Decree.

§ 6º Will not be considered for the purpose of recidivism the infractions committed in the duration of Law No. 6,435 of July 15, 1977.

Art. 24. In the application hypothesis of the penalty foreseen in the inciso II of the art. 22, the offender will not make jus at the remuneration paid by the closed supplementary welfare entity, during the period in which to endure the suspension.

Art. 25. The penalty penalty will be charged to the agent responsible for the infraction.

Single paragraph. The payment of the fine will fit the agent responsible for the infraction, and the Supplemental Welfare Office may require it from the closed supplementary pension entity solidarily responsible, secured the right of return.

Art. 26. The fine pecuniary fine, provided for in the inciso IV of the art. 22:

I-will be collected to the National Treasury, by means of the Federal Revenue Collection Document-DARF, within a maximum of fifteen days, counted from the receipt of the definitive decision;

II-if collected outside the time limit set out in the inciso I of this article, shall be corrected by the National Consumer Price Index established by the Brazilian Institute of Geography and Statistics-INPC/IBGE or index that comes to replace it, until the date of your effective payment;

III-when not collected up to the date of your due, will be the object of enrollment in the Union Active Debt.

§ 1º It is up to the offender to voucher for the payment of the fine with the Supplemental Welfare Office.

§ 2º At the end of each exercise, the Supplementary Welfare Office will promote the update, by the INPC-IBGE or by another index that comes to replace it, of the value of the applicable fines and their minimum limits and maximum, to invigorate in the following financial year.

§ 3º The first update referred to in § 2º will consider the entire period that has elapsed since the date of publication of the Supplementary Act no 109, from 2001.

§ 4º Until it gives the disclosure of the values referred to in § 2º of this article, the nominal values and current limits will be applied.

Art. 27. Without prejudice to the application of the enforceable penalty, it shall be reported to the Public Prosecutor's Office the exercise of activity under the supplementary pension scheme by any person, physical or legal, without the permission due from the Office of the Registry of Supplementary Provident, inclusive of the marketing of benefit plans, as well as the abstraction or administration of third-party resources with the aim of, directly or indirectly, acquiring or granting pension benefits under any shape.

Single paragraph. The Supplementary Welfare Office will be able to request, in writing, documents or information the physical or legal person, to the end of ascertaining the irregularities described in the caput.

Section VII

From the Deadlines Count

Art. 28. We will compute the deadlines excluding the starting day and including that of the maturity.

§ 1º It is deemed to be extended the deadline until the first working day following if the salary falls on a national holiday or on a day that there is no expedient in the Supplementary Welfare Office or when this is closed before the normal time.

§ 2º The deadlines only begin to run from the first working day after the notification.

§ 3º Havendo two or more auturees in the same process, the procedural deadlines will be common.

Art. 29. For postal notification, the notice of receipt or similar document dispatted by the postal service shall always be used.

Single paragraph. The start of the deadline count will be given from the first working day after the notification.

Art. 30. It is the burden of the autuate to keep updated on the autos his address, as well as that of his or her attorney, under penalty of being deemed valid the notification promoted at the address that of them appear.

Section VIII

Da Prescription and the Extinction of Punibility

Art. 31. It prescribes in five years the punitive action of the Supplementary Welfare Office, in the exercise of police power, objecting to applying penalty and ascertaining infraction to the legislation in force, counted from the date of the practice of the act or, in the case of infringement permanent, of the day on which it has ceased, or, in the case of continuing infringement, of the last act practiced.

Art. 32. Prescription occurs in the administrative procedure stalled for more than three years, pending trial or order, being the autos filed of trade or upon application by the interested party, without prejudice to the ascertaining of the liability functional arising from the shutdown, if it is the case.

Art. 33. Interrupts the prescription:

I-by the notification of the autuado, including by means of edital;

II-by any unambiguous act that matters ascertaining the fact; or

III-by the recurrable condemnatory decision.

Single paragraph. Occurring interruption of the prescription, the prescriptional deadline will start to flow from its inception.

Art. 34. Extinguish-if punishability:

I-by the death of the offender; or

II-by the administrative prescription.

Section IX

Das Nulities

Art. 35. Failure to do so does not entail nullity of the procedural act when there is no injury to the defense.

§ 1º The nullity only impairs the acts after that declared null if directly dependent on it or if it is consequence.

§ 2º To the authority responsible for the declaration of nullity will fit the indication of the null acts by virtue of § 1º, as well as the determination of the saneaner procedures.

CHAPTER III

OF THE REPRESENTATION OR OF THE COMPLAINT

Single section

From the admissibility of Representation and Denpronunciation

Art. 36. The representation is the document by which an authority or organ of the public power, by taking science of wrongdoing practiced within the framework of the closed entity of supplementary welfare or of its benefits plans, communicates the fact to the Registry of Supplementary Providence in circumstantial reporting, for registration and ascertaining.

Art. 37. The complaint is the instrument used by any physical or legal person to report, in the face of the Supplementary Welfare Office, the existence of suspicion of infringement of the legal or disciplinary provisions of the closed entities of complimentary foresight.

Art. 38. The formalized representation or denunciation shall be protocoled in the Supplementary Welfare Office and shall contain:

I-the identification of the organ and office, in the case of representation, or the qualification of the whistleblower or of who represents it, with an indication of domicile or place for receiving communication;

II-the identification and qualification of the represented or denounced, with the possible accuracy;

III-a indication of the possible irregularities committed, the damage or damage caused to the closed entity of supplementary welfare or the evidence of crime, with the possible accuracy;

IV-the documents or any others evidence that may, perhaps, sustain representation or denunciation; and

V-date and signature.

§ 1º Unmet the formal requirements of which it treats this article or not containing the elements of conviction to initiate the administrative process, the authority will be able to conduct representations, as well as officiate to the representative or whistleblower to supplement the expedient.

§ 2º The complaint made verbal and personally before the Supplementary Pension Office is to be reduced to term, preserving the identity of the whistleblower.

Art. 39. Received the representation or denunciation and effected any necessary representations, the Supplementary Welfare Office shall decide:

I-by the filing, whether to conclude by the prescription or by the manifest improvenance, giving science to the whistleblower or representative; or

II-when set up the practice of act, omissivo or comissivo, which may constitute infringement pursuant to this Decree:

a) by the self-infringing lavrature, observed the provisions of Chapter II of this Decree; or

b) by the setting up of the administrative inquiry, when the complexity of the facts thus recommend.

Single paragraph. The administrative enquiry provided for in paragraph (b) of the inciso II may be instituted further that the authorship is not established, if there is an indication or finding of the materiality of the irregular so-called facts.

CHAPTER IV

OF THE ADMINISTRATIVE ENQUIRY

SECTION I

From The Conversion

Art. 40. The administrative inquiry will be established with the publication in the Official Journal of the porterie Union expedited by the Supplementary Welfare Secretary, which shall appoint commission of inquiry, composed of at least three occupying federal servants of effective cargo.

Single paragraph. The porterie should contain the object of the inquiry, the appointment of the chairman of the commission and the deadline for the completion of the proceedings.

Section II

Of The Prior Statement

Art. 41. Upon the initiation of the investigation, they will be notified, as the case may be, the whistleblower or the represented, or the persons referred to in the arts. 59 and 61 of the Supplementary Act No. 109, 2001, and the closed supplementary provident entity.

§ 1º In the case of inquiry that decorates of surveillance activity, all persons who may have participated, in any way, from the practice of the object acts of ascertaining.

§ 2º It is available to the notified to follow up with the inquiry from the beginning.

Art. 42. The chairman of the committee will be able to promote the collection of testimony of the notified and of all those who can contribute to the elucidation of the facts object of ascertaining, as well as to apply for representations, expertise and juncturing of documents and information from the closed provident closed entity.

Single paragraph. If in the course of the proceedings, indications of liability attributable to another agent arise, it shall be this notified, for the purposes of § 2º of the art. 41.

Art. 43. From possession of the necessary data, the chairman of the committee will do the formal charging document, called the instruction ultimation, where he will describe the wrongdoing, typify the fact, indicate the infringing legal devices, identify the agent responsible and the forecasted penalty in the administrative sphere.

Section III

Of Defense

Art. 44. Lavishes the instruction ultimation, the chairman of the commission shall notify the accused to present defence within fifteen days, counted in the form of the arts. 28 and 29, indicating:

I-the authority to whom it is directed;

II-the qualification of the accused;

III-the grounds, in fact and of law, which support the defense; e

IV-all the evidence it intends to produce in a justified manner, including the rol of any witnesses.

Art. 45. They will admit to the administrative inquiry all means of evidence in permitted, inclusive oified of witnesses and expertise.

Single paragraph. The chair of the committee will be able to motivate the production of evidence deemed to be impertinent or merely protelatory.

Art. 46. Where there is a need to hear witness, the chairman of the committee will expedite notification, from which the administrative procedure number, the purpose of the convocation, the day, the time and the place in which the deposition will be provided, and the second way to be joined in the autos.

Art. 47. Being strictly necessary, the committee will hear impeded or suspected witnesses, but their testimonies will be provided regardless of commitment and the committee will assign them the value they may deserve.

Single paragraph. They are prevented by the spouse, the companion or relative of the accused, consanguineous or afim, in a straight or collateral line, up to the third degree, and suspects, those who have an interest in the process.

Art. 48. The witness will be inquished by the committee on the facts articulated, and the accused may have the arrolic formulating questions to clarify or complete the testimony.

§ 1º The questions that the chairman of the committee undetecting will be compulsorily transcribed in the term, if the accused requires it.

§ 2º The witnesses will be surveyed separately.

§ 3º In the hypothesis of contradictory testimony or to be instated, the chairman of the committee may proceed to the acreation among the depots.

Art. 49. The witnesses will be cautioned that they will be lacking with the truth subject to the offender to the penalty of the crime of false testimony.

Art. 50. The deposition, reduced to term, shall be signed and initialed by the affident, as well as by the members of the committee.

Art. 51. Completed the instruction, the committee will issue the conclusive report, considering the evidence produced and the defense presented by the accused, to be submitted to trial by the Supplemental Welfare Secretary.

§ 1º The conclusive report should summarize what has been ascertained in the process, so as to enumerate and explain the irregular facts, report the evidence produced, make the frameworks and point out the sanction cabled to the accused, as per the proceeded apurations, as well as recommending the arrangements to remedy the irregularities or flaws that facilitated the practice that caused damage or damage to the closed entity or to the benefits plan.

§ 2º Must appear in the conclusive report, if it is the case, the recommendation of forwarding to another body or entity of the public administration, or of the backside of parts of the administrative process for shipment to the Prosecutor's Office.

Art. 52. The decision on the conclusive report shall be published in the Official Journal of the Union, and the notification of the accused of its entire content shall be promoted.

Section IV

Of The Feature

Art. 53. Of the decision handed down in the judgment of the conclusive report rests with the Board of Management of Supplemental Welfare in the form of Section IV of Chapter II.

Single paragraph. It is not an appeal of the decision of the Supplementary Welfare Management Board.

Art. 54. It is final the decision delivered in the administrative proceedings when the deadline for appeal has been exhausted without the latter having been brought in or, when appetioned, this has been tried.

Single paragraph. It will also be final for the decision in the party that has not been the subject of appeal.

Section V

Of The General Provisions of the Administrative Survey

Art. 55. The meetings and hearings, of reserved character, will be recorded in minutes, which are expected to detail the deliberations adopted, as well as leave to be able, if at all, the date of the next hearing and the subpoena of the gifts.

Art. 56. If, in the course of the administrative inquiry, the impending of the complaint or representation is evidenced, the committee shall draw up report with its findings, proposing to the Secretary of Welfare Supplemental the filing of the case.

CHAPTER V

GENERAL PROVISIONS ABOUT THE ADMINISTRATIVE PROCESS

Art. 57. It is made available to the parties and their legal representatives to obtain copies of the process, at their expense.

Art. 58. When there are alternatives to the practice of procedural acts or to meet the requirement, it will adopt the least onerous for the parties.

Art. 59. The application of administrative sanction and its compliance did not expose the offender of the obligation for the correction of the irregularities that gave rise to the sanction.

Art. 60. Five years after it has complied with or extinguished the penalty, it will not build on a certificate or attestation expediting by the Registry of Welfare Supplementing any news or reference to this, save for the verification of recidivism.

CAPITCHAPTER VI

OF THE BENEFIT PLAN ADHERENCE TO THE BENEFIT PLAN

Art. 61. The formalization of the condition of sponsor or benefit plan institutor will give itself by means of accession convenium concluded with the closed pension entity, in relation to each benefit plan, upon prior authorization of the Supplemental Welfare Office.

§ 1º The adhesion deck is the instrument through which the parties package their obligations and rights to the administration and execution of benefits plan.

§ 2º The Board of Management of Supplementary Welfare will establish the minimum clauses of the accession convenium.

§ 3º The closed pension entity, when admitted to the condition of benefit plan sponsor for your employees, you must submit in advance to the Supplemental Pension Secretary's own term of adherence to one of the plans you administers, observed the one established by the Board of Management of Welfare Supplementation.

CHAPTER VII

OF LIABILITY FOR THE LACK OF APORT OF THE CONTRIBUTIONS BY THE SPONSOR

Art. 62. The sponsor's administrators who do not effect the normal and extraordinary contributions to which you are obliged, in the form of the regulation of the benefit plan or other contractual instruments, will be jointly and severally liable with the administrators of the closed entities of supplementary welfare, to them applying, in what couber, the provisions of the Supplemental Act no 109, from 2001, especially the provisions of their arts. 63 and 65.

§ 1º The default referred to in the caput is to be communicated formally and promptly by the Deliberative Council to the Supplementary Welfare Office.

§ 2º On the deadline of ninety days of the maturity of any of the obligations cited in the caput of this article, without due compliance on the part of the sponsor, stay the administrators of the closed supplementary provident entity required to proceed debt court.

CHAPTER VIII

OF THE APPLICABLE INFRACTIONS AND PENALTIES

Art. 63. Cease to constitute technical reserves, provisions and funds, of compliance with the criteria and standards set by the Supplementary Welfare Management Board and the Supplementary Pension Office.

Penalty: fine of R$ 20,000.00 (twenty thousand reais), and may be cumulated with suspension by the deadline of up to one hundred and eighty days or with inabilitation for the period of two to ten years.

Art. 64. Apply the guaranteed resources of the technical reserves, provisions and funds from the benefits plans at odds with the guidelines established by the National Monetary Council.

Penalty: fine of R$ 20,000.00 (twenty thousand reais), and may be cumulated with suspension by the deadline of up to one hundred and eighty days or with inabilitation for the period of two to ten years.

Art. 65. Fail to provide participants, when of their enrollment in the benefits plan, the certificate of participant, copy of the updated regulation, explanatory material in plain and accurate language or other documents specified by the Board Supplementary provident management and the Supplemental Welfare Office.

Penalty: warning or fine of R$ 10,000.00 (ten thousand reais).

Art. 66. Disclose information other than those shown in the regulation of the benefits plan or the enrollment proposal or the participant certificate.

Penalty: warning or fine of R$ 10,000.00 (ten thousand reais).

Art. 67. Leave to hire reinsurance operation, when that is bound to be the closed pension entity complementary.

Penalty: fine of R$ 15,000.00 (fifteen thousand reais) or suspension for up to one hundred and eighty days.

Art. 68. Celebrate accession convenium with sponsor or institutor and initiate the operation of the benefits plan, without submitting it the prior authorization of the Supplemental Welfare Office or to start the plan operation without celebrating the convennial of adhesion.

Penalty: fine of R$ 25,000.00 (twenty five thousand reais), and may be cumulated with inabilitation of two to ten years.

Art. 69. Start the benefits plan operation without observing the requirements set out by the Supplemental Pension Management Board or the Supplemental Pension Board for the adopted modality.

Penalty: warning or fine of R$ 10,000.00 (ten thousand reais).

Art. 70. Fail to predict in the plan of benefits any of the institutes provided for in the art. 14 of the Supplemental Act No. 109, of 2001, or surround the faculty of its exercise by the participant, observed the standards set by the Supplemental Welfare Management Board and the Supplemental Welfare Office.

Penalty: fine of R$ 15,000.00 (fifteen thousand reais), and may be cumulated with suspension by the deadline of up to thirty days.

Art. 71. Allow the financial resources corresponding to the portability of the accumulated right transiting by the participants of the benefit plans, in any form.

Penalty: fine of R$ 20,000.00 (twenty thousand actual), and may be cumulated with suspension of up to sixty days.

Art. 72. Leave the closed provident entity supplementary to offer benefits plan to all employees or servers of the sponsor or associates or members of the institutor, observed the exception provided for in § 3º of the art. 16 of the Supplemental Act in the 109, from 2001.

Penalty: warning or fine of R$ 10,000.00 (ten thousand reais).

Art. 73. Use in the calculation of the mathematical reserves, funds and provisions, as well as in structuring the costing plan, financing methods, financial regime and technical bases that do not keep relation to the characteristics of the mass of participants and of assisted and the activity developed by the sponsor or the institutor, or at odds with the standards emanating from the Supplementary Welfare Management Board and the Supplemental Pension Office.

Penalty: fine of R$ 20,000.00 (twenty thousand reais), and may be cumulated with suspension of up to one hundred and eighty days.

Art. 74. Fail to maintain, in each benefit plan, the guaranteed resources of the technical reserves, provisions and sufficient funds to the coverage of the commitments made, as per rules of the Board of Management of Supplementary Welfare and of the Registry of Supplementary Pensions.

Penalty: fine of R$ 20,000.00 (twenty thousand reais), and may be cumulated with suspension by the deadline of up to one hundred and eighty days or inability-free of two to ten years.

Art. 75. Use for other purposes the reserves constituted to provide for the payment of benefits of previdential character, albeit by means of accounting or actuarial procedures.

Penalty: fine of R$ 15,000.00 (fifteen thousand reais), and may be cumulated with suspension for up to sixty days.

Art. 76. Use in a diverse way from the provision of the legislation the superavitary result of the exercise or cease to constitute the contingency reserves and the special reservation for revision of the benefit plan; as well as stop carrying out the mandatory review of the benefits plan.

Penalty: fine of R$ 10,000.00 (ten thousand reais), and may be cumulated with suspension by the deadline of up to one hundred and eighty days.

Art. 77. Effectuating contributions on the grounds of overavitative outcomes of the benefits plan at odds with the legislation.

Penalty: fine of R$ 10,000.00 (ten thousand reais), and may be cumulated with suspension by the Deadline of up to one hundred and eighty days.

Art. 78. Fail to adopt the arrangements, provided for in law, to equate the loss-making outcome of the benefits plan or to do so at odds with the standards set by the Supplementary Welfare Management Board and the Registry of Supplementary Pensions.

Penalty: fine of R$ 20,000.00 (twenty thousand reais), and may be cumulated with suspension by the time limit of up to one hundred and eighty days.

Art. 79. Fail to adopt the arrangements for ascertaining responsibilities and, where appropriate, fail to propose regressive action against leaders or third parties that have given cause to injury or injury to the closed pension entity or to its benefits plans.

Penalty: a fine of R$ 15,000.00 (fifteen thousand reais), and may be cumulated with suspension by the deadline of up to ninety days.

Art. 80. Fail to establish the level of contribution required on the occasion of the institution of the benefit plan or the end of the exercise, or conduct actuarial valuation without observing the criteria for preserving solvency and financial balance and actuarial of the benefits plans, established by the Supplemental Welfare Management Board.

Penalty: fine of R$ 15,000.00 (fifteen thousand reais), and may be cumulated with suspension by the deadline of up to thirty days.

Art. 81. Fail to disclose to participants and assisted, in the form, within the time limit or by the means determined by the Supplementary Welfare Management Board and the Supplementary Welfare Office, or by the National Monetary Council, information accounting, actuarial, financial or investments relating to the plan of benefits to which they are bound.

Penalty: a fine of R$ 15,000.00 (fifteen thousand reais), and may be cumulated with suspension of up to sixty days.

Art. 82. Leave to provide to the Secretary of Welfare Supplementary accounting, actuarial, financial, investment or other information provided for in regulation, regarding the benefits plan and the closed pension entity itself supplemental, within the time frame and in the manner determined by the Supplementary Pension Management Board and the Supplementary Pension Office.

Penalty: fine of R$ 15,000.00 (fifteen thousand reais), and may be cumulated with suspension of up to sixty days.

Art. 83. Discomply with the instructions of the Supplementary Welfare Management Board and the Supplemental Welfare Office on the standards and accounting procedures applicable to the benefits plans of the closed pension entity or fail to submit them to independent auditors.

Penalty: fine of R$ 15,000.00 (fifteen thousand reais), and may be cumulated with suspension by the deadline of up to sixty days.

Art. 84. Fail to meet the formal information requirement, forwarded by the participant or by the assisted, for the defence of rights and clarification of situation of specific personal interest, or meet it outside the deadline set by the Management Board of the Supplementary Social Security and the Supplemental Pension Office.

Penalty: warning or fine of R$ 10,000.00 (ten thousand reais).

Art. 85. Promote the extinction of benefits plan or the withdrawal of sponsorship without authorization from the Supplementary Welfare Office.

Penalty: fine of R$ 20,000.00 (twenty thousand reais), and may be cumulated with inabilitation of two to ten years.

Art. 86. Admit or maintain as a person-benefit plan participant without bond with the sponsor or with the institutor, observed exceptionalities provided for in the legislation.

Penalty: fine of R$ 20,000.00 (twenty thousand reais), and may be cumulated with inabilitation of two to ten years.

Art. 87. Leave, the closed entity of supplementary providence consisting of legal persons of professional, classist or sectoral character, from outsourcing the management of the guaranteed resources of technical reserves.

Penalty: fine of R$ 15,000.00 (fifteen thousand reais) or inabilitation for the period of two years.

Art. 88. Fail to segregate the heritage of the estate benefits plan of the institutor or the managing institution of the guaranteed resources.

Penalty: a fine of R$ 15,000.00 (fifteen thousand reais) or inabilitation by the deadline of two years.

Art. 89. Providing services that are not within the scope of the object of the closed pension entities of supplementary pensions.

Penalty: fine of R$ 20,000.00 (twenty thousand reais), and may be cumulated with suspension of up to one hundred and eighty days.

Art. 90. Disfulfil clause of the statute of the closed pension entity or the regulation of the benefits plan, or adopt clause of the statute or regulation without submitting it to the preview and express approval of the Secretary of Welfare Supplemental.

Penalty: fine of R$ 10,000.00 (ten thousand reais), and may be cumulated with suspension by the deadline of up to one hundred and eighty days.

Art. 91. Carry out merger, spin-off, incorporation or other form of societary reorganization of the closed pension entity or promote the transfer of sponsorship or the transfer of group of participants or assisted, from plan of benefits and reservations between closed entities without prior and express authorization of the Supplementary Welfare Office.

Penalty: fine of R$ 20,000.00 (twenty thousand reais), and may be cumulated with inabilitation of two to ten years.

Art. 92. Institute or maintain organizational structure at odds with the manner determined by the legislation or hold members in the deliberative, executive or fiscal bodies without the fulfillment of the requirements required by the legislation.

Penalty: fine of R$ 10,000.00 (ten thousand reais), and may be cumulated with inability-free of two to five years.

Art. 93. Fail to provide, maintain outdated or improperly render the information concerning the director responsible for the applications of the benefits plan of the supplementary pension entity's benefits plan, as well as disfulfilling the deadline or the determined form.

Penalty: fine of R$ 10,000.00 (ten thousand reais), and may be cumulated with suspension by the time limit of up to one hundred and eighty days.

Art. 94. Leave to attend to the Supplementary Welfare Office as to the requisition of books, technical notes or any documents regarding the benefits plans of the closed pension entity, as well as to the solicitation of conduct of audit, or cause any embarrassment to the surveillance of the said organ.

Penalty: fine of R$ 20,000.00 (twenty thousand reais), and may be cumulated with suspension by the deadline of up to one hundred and eighty days.

Art. 95. Fail to provide or otherwise render out of the deadline or inappropriately specific information or clarifications requested formally by the Supplemental Pension Office.

Penalty: fine of R$ 20,000.00 (twenty thousand reais), and may be cumulated with suspension of up to one hundred and eighty days.

Art. 96. Leave the administrators and counselors or former administrators and former advisors to provide information or clarifications requested by special administrator, interventor or liquidator.

Penalty: fine of R$ 20,000.00 (twenty thousand reais), and may be cumulated with suspension of up to one hundred and eighty days.

Art. 97. Leave, the interventor, to request prior and express approval from the Supplemental Welfare Office for the acts that entail burdening or disposition of the patrimony of the benefits plan of the closed pension entity, in the disciplined terms by the said organ.

Penalty: fine of R$ 10,000.00 (ten thousand reais).

Art. 98. Include, the liquidator, in the general framework of creditors enabling undue credit or omitting credit that you have knowledge of.

Penalty: fine of R$ 10,000.00 (ten thousand reais).

Art. 99. Fail to promote the judicial execution of debt sponsor of supplementary pension closed entity benefits plan, pursuant to the art. 62 of this Decree.

Penalty: fine of R$ 20,000.00 (twenty thousand reais), and may be cumulated with suspension of up to one hundred and eighty days or with inabilitation of two to ten years.

Art. 100. Failure to communicate to the Secretary of Welfare Supplement the sponsor's default by the non-effectivation of the normal or extraordinary contributions to which you are obliged, in the form of the regulation of the benefit plan or other contractual instruments.

Penalty: fine of R$ 20,000.00 (twenty thousand reais), and may be cumulated with suspension of up to one hundred and eighty days.

Art. 101. Alienate or burden, in any form, well covered by legal unavailability resulting from intervention or extrajudicial settlement of the closed pension entity.

Penalty: fine of R$ 25,000.00 (twenty five thousand reais), and may be cumulated with inabilitation by the time limit of two to five years.

Art. 102. Exercise own activity of the closed welfare closed entities without the proper authorization of the Supplemental Welfare Office, inclusive of the marketing of benefit plans as well as the caption or administration of resources of third parties with the aim of, directly or indirectly, acquiring or granting pension benefits in any form.

Penalty: fine of R$ 2,000.00 (two thousand reais) to R$ 1,000,000.00 (one million reais) and inabilitancy by the time limit of two to ten years.

Art. 103. Carry out on behalf of the closed pension entity complementary commercial or financial operation, vetoed by the legislation, with physical or legal persons.

Penalty: fine of R$ 20,000.00 (twenty thousand reais), may be cumulated with suspension by the deadline of up to sixty days.

Art. 104. Allow participant, bound to plan of benefits sponsored by organ, company or public entity, to enter enjoyment of benefit without observance of the incisos I and II of the art. 3º of the Supplementary Act no 108, from 2001.

Penalty: fine of R$ 10,000.00 (ten thousand reais), and may be cumulated with suspension by the time limit of up to thirty days.

Art. 105. Allow for the repass of productivity gains, allowance or advantages of any nature for the readjustment of the benefits in maintenance plan of sponsored benefits by body or public entity.

Penalty: warning or fine of R$ 10,000.00 (ten thousand reais).

Art. 106. Elevate the sponsor's contribution without prior manifestation of the body responsible for supervision, coordination and sponsor control in the sphere of organ or public entity.

Penalty: warning or fine of R$ 10,000.00 (ten thousand reais).

Art. 107. Charge of the sponsor in the sphere of organ or public entity normal contribution surplus to that of the pool of the participants and assisted to them linked or additional charges for financing the benefits plans, in addition to those provided for in the plan of costing.

Penalty: warning or a fine of R$ 10,000.00 (ten thousand reais).

Art. 108. Charge the sponsor's administrative expense in the sphere of organ or public entity or of the participants and assisted without observance of the limits and criteria set by the Supplementary Welfare Management Board or the Registry of Supplementary Providence.

Penalty: warning or fine of R$ 10,000.00 (ten thousand reais).

Art. 109. Exercise in the name of closed supplementary provident entity sponsored by organ or public entity the control of anonymous society or participate in a shareholder agreement, which has by object formation of anonymous society control group, without prior and express authorization from the sponsor and its respective controller.

Penalty: fine of R$ 15,000.00 (fifteen thousand reais), and may be cumulated with inabilitation for the duration of two years.

Art. 110. To violate any other devices of the Supplementary Laws in the 108 and 109, of 2001, and of the regulatory normative acts of the aforementioned Supplementary Laws.

Penalty: fine of R$ 10,000.00 (ten thousand reais), may be cumulated with suspension by the deadline of up to one hundred and eighty days or with inabilitation for the period of two years up to ten years.

CHAPTER IX

OF THE FINAL PROVISIONS

Art. 111. This Decree comes into force on the January 5, 2004.

Art. 112. The Decree No. 4,206 of April 23, 2002 is revoked.

Brasilia, December 30, 2003; 182º of Independence and 115º of the Republic.

LUIZ INACIO LULA DA SILVA

Ricardo José Ribeiro Berzoini