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Law No. 11501, July 11 2007

Original Language Title: Lei nº 11.501, de 11 de Julho de 2007

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LEI No. 11,501, OF July 11, 2007.

Altera as Laws in the 10,355, of December 26, 2001, 10,855, of December 11, 1990, 8,112, of December 11, 1990, 11,457, of March 16, 2007, 10,910, July 15, 2004, 10,826, December 22, 2003, 11,171, September 2, 2005; and 11,233, of December 22, 2005; repeals devices of the Laws on the 11,302, May 10, 2006, 10,997, 15 of December 2004, 8,212, of July 24, 1991, 9,317, December 5, 1996, 10,593, December 6, 2002, 11,098, January 13, 2005, 11,080, December 30, 2004; and gives other arrangements.

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

Art. 1st The Law no 10,355, of December 26, 2001, passes the invigorate with the following changes:

" Art. 2nd ...................................................................

................................................................................

§ 3rd Until February 29, 2008 or until it is edited the regulation referred to in § 2nd of this article, whooccur first, the functional progressions and promotions whose conditions have been implemented will be granted by observing, in what couber, the standards applicable to the servers of the rank classification plan of the Act no 5,645, of December 10, 1970. " (NR)

" Art. 3o-A Stay instituted, as of , the Specific Previdential Gratification-GEP, due to the members of the Previdentiary Career Carrier, in the value of R$ 238.00 (two hundred and thirty-eight reais). "

Art. 2nd The arts. 5th, 7th, 8th, 9th, 11, 15 and 16 of the Law no 10,855, of , go on to invigorate with the following changes:

" Art. 5th The effective ancillary level and intermediate level positions of the Social Insurance Carrier of the INSS Personnel Framework whose assignments, qualification requirements, schooling, professional habilitation or specialization required for admission to be identical or essentially equal stay grouped into posts of the same denomination and general assignments as set out in Annex V of this Act, passing on to denominations:

I-the ancillary level posts: Auxiliary of Miscellandist-Various Services; and

II-the level posts intermediate:

a) Service Agent Miscels;

b) Service Technician Miscelers; or

c) Insurance Technician Social;

III-(revoked) " (NR)

" Art. 7th .........................................................................

§ First For the purposes of this Law, progression is the server passage to the immediately higher maturity pattern within a same class, and promotion the server passage of the last pattern of a class for the 1st (first) standard of the immediately upper class, observing the following requirements:

I-for purposes of functional progression:

a) fulfillment of the 18 (eighteen) months of effective exercise in each pattern; and

b) habilitation in individual performance evaluation corresponding to, at a minimum, 70% (seventy percent) of the maximum limit of the score of the evaluations performed at the interstint considered for the progression;

II-for promotion purposes:

a) fulfillment of the 18 (eighteen) months of effective exercise in the last standard of each class;

b) habilitation on performance evaluation individual corresponding to, at a minimum, 70% (seventy percent) of the maximum limit of the scores of the evaluations performed at the interstint considered for the promotion; and

c) participation in capacitive events with hourly charge minimum established in regulation.

§ 2nd The 18 (eighteen) months of effective exercise for functional progression and for promotion, as set out in paragraph (a of the incisos I and II of § 1st of this article, will be:

I-computed from the effective of the regulation to which if refers to art. 8th of this Act;

II-computed in days, discounted discounted flats that are not legally considered effective exercise; and

III-suspended in cases where the server drift away without pay, being retaken the comic from the return to the activity.

§ 3rd In the count of the interstice required for promotion and progression, will be harnessed the time computed from the date of the last promotion or progression to the date when progression and promotion have been regulated, as disposed of in art. 8th of this Law. " (NR)

" Art. 8th Act of the Executive Power will regulate the criteria for granting the functional progression and promotion of which it treats art. 7th of this Law. " (NR)

" Art. 9th Until February 29, 2008 or until the regulation referred to in art is edited. 8th of this Act, who occur first, the functional progressions and promotions whose conditions have been implemented will be granted by observing, in what couber, the standards applicable to the servers of the rank of office of which it treats the Law no 5,645, of December 10, 1970. " (NR)

" Art. 11. It is instituted the Social Insurance Activity Gratification-GDASS, due to the members of the Social Insurance Carrier, depending on the institutional and individual performance.

§ 1st A GDASS will be paid observed the maximum limit of 100 (hundred) points and the minimum of 30 (thirty) points per server, corresponding to each point, at their respective levels and classes, to the value set out in Annex VI of this Law.

§ § 2nd The score regarding GDASS will be so distributed:

I-up to 20 (twenty) points will be assigned into the role of the results obtained in individual performance evaluation; and

II-up to 80 (eighty) points will be assigned depending on the results obtained in the evaluation of institutional performance.

§ 3rd The individual and institutional performance evaluations will be held semester, considering the monthly monitoring records, and used as a management tool, with the identification of aspects of performance that can be improved by means of capacity-building opportunities and professional improvement.

§ 4th A individual performance evaluation aims to afer the performance of the server in the exercise of the job or role assignments, with a focus on the individual contribution to the scope of the organizational goals.

§ 5th The institutional performance evaluation aims to affine the scope of the organizational goals, considering the mission and objectives of the institution.

§ 6th The parameters and criteria of the grant of the instalment regarding the institutional and individual performance evaluation will be set out in regulation.

.......................................................................................

§ 8th The targets regarding the evaluation of institutional performance will be fixed in the act of the Minister of State for Welfare Social using as parameter indicators that aim to affine the quality of services related to INSS's finalistic activity, and may be reviewed, at any time, from the supervenience of factors that come to exert influence significant and direct in achieving it.

§ 9th The institutional performance evaluation of the crowded servers in the Central Direction of the INSS will be corresponding to the average of the evaluation of the Regional Generations.

§ 10. The evaluation of institutional performance of the servers loed in the Regional Managers, Regional Audits, Regional Corregedorias and Regional Procuratorates will be corresponding to the average of the evaluation of Executive Generations linked to the Generations Regional.

§ 11. From February 29, 2008 to February 29, 2008 and until the criteria and procedures for the benchmarking of individual and institutional performance evaluations are regulated, and processed the results of the 1a (first) evaluation of performance, for the purposes of attribution of GDASS, the value due of monthly payment per active server will be 80 (eighty) points, observed the respective levels and classes.

§ 12. The result of the 1a (first) performance evaluation will generate financial effects from the beginning of the 1st (first) evaluation period, and possible differences paid to the greater or the minor.

§ 13. The GDASS will be paid, in a non-cumulative manner, with the Activity Gratification of which it treats the Delegated Law no 13, of August 27, 1992. " (NR)

" Art. 15. ........................................................................................................................

I-when yielded to the Presidency or the Vice Presidency of the Republic, at the equivalent of 100% (one hundred percent) of the individual parcel, applying for institutional evaluation of the period;

II-when in exercise at the Ministry of Social Security and in the integral Boards of its basic structure or binding them, calculated on the basis of the same valid rules as if they were in exercise in the INSS; or

a) (repealed);

b) (repealed);

III-when yielded to organs or entities of the Federal Executive Power other than the nominees in the incisors I and II of the caput of this article, invested in posts in Special Nature and Group-Direction Committee and Superior-DAS-DAS, levels 6, 5 and 4, or equivalents, will perceive GDASS in the value equivalent to the institutional evaluation of the period. " (NR)

" Art. 16. For the purposes of incorporating GDASS to the retirement orderings or the pensions relating to servers of the Social Insurance Carrier, the following criteria will be adopted:

I-for the retirements granted and pensions instituted until February 19, 2004, the gratification will be corresponding to 30 (thirty) points of the maximum value of the respective level, class and standard;

II-for the retirements granted and pensions instituted after February 19, 2004:

a) when the server that gave rise to retirement or pension frame yourself in the willing in the arts. 3rd and 6th of the Constitutional Amendment on the 41, of December 19, 2003, and in art. 3rd of the Constitutional Amendment No. 47, of July 5, 2005, will apply the value of constant points of the inciso I of the caput of this article;

b) to the rest will apply, for the purposes of calculating pensions and pensions, the provisions of the Law no 10,887, of June 18 of 2004.

§ 1st (Revoged).

§ 2nd (Revogate). " (NR)

Art. 3rd The Law no 10,855, of , passes the invigorating increased of the following arts. 5o-A, 5o-B, 20-A and 21-A:

" Art. 5o-A The senior level positions of senior level of Analyst Previdentiary members of the Social Insurance Carrier of the INSS Staff Framework, held general assignments, go on to denominate the Social Insurance Analyst. "

" Art. 5o-B The specific assignments of the posts of which they treat the arts. 5th and 5o-A of this Act will be established in regulation. "

" Art. 20-A. It is vetted the redistribution of the member servers of the Social Insurance Carrier, as well as the redistribution of positions of the personnel cadres of any bodies and entities of the direct, municipal and the federal public administration for the INSS. "

" Art. 21-A. The vacant and intermediate level vacant positions of the Previdential Career Carrier instituted by the Act No. 10,355 of December 26, 2001, of the Cargo-PCC Classification Plan established by the Act No 5,645 of December 10, 1970, of the Plan General of Cargos of the Executive Power-PGPE instituted by the Law no 11,357 of October 19, 2006 and of corded plans, of the INSS Personnel Board, on March 19, 2007, become transformed into posts of Social Insurance Analyst and Assistant Social Insurance Technician, respected the corresponding level. "

Art. 4th The Law in the 10,855, of , passes the increased vigour of Annexes V and VI, respectively, in the terms of Annexes I and II of this Law.

Art. 5th As of , Annex IV to the Act No. 10,855, of , passes the invigorate pursuant to Annex III of this Act.

Art. 6th Stay extinct, as of July 2008, the Specific Gratification of Social Insurance-GESS, instituted by art. 17-A of the Law no 10,855, from to April.

Art. 7th The application of the willing in this Act to active servers, inactives and pensioners will not be able to imply reduction of remuneration, orderings and pensions.

Paragraph single. In the hypothesis of reduction of remuneration, provenance or pension arising from the application of the provisions of this Act, the difference shall be paid for the title of Nominally Identified Personal Advantage-VPNI, to be absorbed on the occasion of the development in the post, of the reorganization, or restructuring of the career, of the restructuring of remunerative table, grant of readjustments, additional gratifications or advantage of any nature, as the case.

Art. 8th The arts. 76-A, 92 and 98 of the Law no 8,112, of December 11, 1990, go on to invigorate with the following essay:

" Art. 76-A. ....................................................................................

§ 1st ..............................................................................................

......................................................................................................

III-................................................................................................

a) 2.2% (two integers and two tenths per d), in handling of activities foreseen in the incisos I and II of the caput of this article;

b) 1.2% (one integer and two tenths per cent), in the treatment of activity predicted in the incisions III and IV of the chaput of this article.

.................................................................................................... " (NR)

" Art. 92. .......................................................................................

....................................................................................................

§ 2nd (VETADO). "

" Art. 98. .......................................................................................

.....................................................................................................

§ 4th Will be equally granted special time, linked to the time compensation to be effective within up to 1 (one) year, to the server performing predicted activity in the incisos I and II of the art caput. 76-A of this Law. " (NR)

Art. 9th The art. 12 of the Law no 11,457, of March 16, 2007, passes the invigorate increased of the following devices:

" Art. 12. ..........................................................................

.....................................................................................

§ 4th The servers referred to in this article may, within 180 (one hundred and eighty) days counted from the date referred to in the inciso II of the art caput. 51 of this Law, opt for your stay in the home organ.

§ 5th The servers referred to in this article will perceive their respective maturities and perks as if in exercise were in the organ of origin, until the duration of the Act that will have its own careers, positions, remuneration, lotation and exercise.

§ 6th (VETADO)

Paragraph 7th (VETADO)

§ 8th (VETADO). " (NR)

Art. 10. The inciso I of the art caput. 21 of the Law no 11,457, of March 16, 2007, passes to invigorate with the following essay:

" Art. 21. ...............................................................................

I-of the Cargo Classification Plan instituted by the Act no 5,645, of December 10, 1970, or of the General Cargos Plan of the Executive Power of which it treats the Act No 11,357, of October 19, 2006;

............................................................................................ " (NR)

Art. 11. The art. 6th of the Law no 10,910, of July 15, 2004, goes on to invigorate with the following essay:

" Art. 6th For the purposes of aferment of the institutional performance provided for in the inciso II of § 1st Art. 4th and in the inciso II of the art caput. 5th of this Law, it will be considered the result of the somatory of the credits recovered by the Attorney General of the National Farm and the collection of the Registry of the Brazilian Federal Revenue Office. " (NR)

Art. 12. The arts. 6th and 11 of the Law no 10,826, of December 22, 2003, go on to invigorate with the following essay:

" Art. 6th ......................................................................

..................................................................................

X-integral of the Audit Carreiras of the Brazilian Federal Revenue Audit and Auditorium-Labour Tax Auditorium, posts of Auditor-Fiscal and Tax Analyst.

................................................................................ " (NR)

" Art. 11 .....................................................................

...................................................................................

§ 2nd (VETADO). " (NR)

Art. 13. The art caput. 30 of the Law no 11,171, of September 2, 2005, goes on to invigorate with the following essay:

" Art. 30. The Technical-Commissioned Functions remanded to the DNIT will be restituted to the Ministry of Planning, Budget and Management, gradually, until December 31, 2007, observed timetable set out in regulation.

........................................................................................................ " (NR)

Art. 14. The art caput. 10 of the Law no 11,233, of December 22, 2005, goes on to invigorate with the following essay:

"Art. 10. The Technical-Commissioned Functions remanded to the organ and the entities referred to in the art. 1st of this Law will be restituted to the Ministry of Planning, Budget and Management, gradually, until December 31, 2007, observed timetable set out in regulation.

................................................................................... " (NR)

Art. 15. (VETADO)

Art. 16. This Act comes into force on the date of its publication, producing financial effects:

I-a departure from , in the respect of art. 2nd and inciso III of the art. 17 of this Act; and

II-as of May 2007, in the regard to art. 11 of this Law.

Art. 17. They are revoked:

I-the art. 2nd of the Law no 11,302, of May 10, 2006;

II-the arts. 12 and 14 of the Law no 10,855, of ;

III-the art. 4th of the Law no 10,997, of December 15, 2004;

IV-as of December 15, 2004 2008:

a) the art caput. 17 and the art. 17-A of the Law no 10,855, of the 1st April 2004; and

b) the art. 3rd of the Law no 11,302, of May 10, 2006;

V-as of May 2, 2007:

The first of the art. 39 and the arts. 44 and 94 of the Law no 8,212, of July 24, 1991;

b) the § 2nd of the art. 24 of the Law no 9,317, of December 5, 1996;

c) the § 5th of the art. 15 of the Law no 10,593, of December 6, 2002;

d) the arts. 1st, 2nd, 4th, 6th and 7th, the incisos I, II, III, IV, VI and VII of the art caput. 8th and the art. 9th of the Law no 11,098, of January 13, 2005; and

e) the art. 16 of the Law no 11,080, of December 30, 2004.

Brasilia, July 11, 2007; 186th of the Independence and 119th of the Republic.

LUIZ INACIO LULA DA SILVA

Tarso Genro

Paulo Bernardo Silva

Carlos Eduardo Gabas

José Antonio Dias Toffoli

This text does not replace the one published in the DOU of 7/12/2007