LEI N °- 12,618, OF April 30, 2012

Institutes the supplemental provident regime for federal public servants of effective cargo, inclusive the members of the organs it mentions; sets the ceiling for the granting of pensions and pensions by the welfare scheme of which it treats the art. 40 of the Federal Constitution; authorizes the creation of 3 (three) supplementary pension entities, called the Supplemental Welfare Foundation of the Federal Public Servant of the Executive Power (Funpresp-Exe), Welfare Foundation Supplemental of the Federal Public Servant of the Legislative Power (Funpresp-Leg) and Supplemental Welfare Foundation of the Federal Public Server of the Judiciary Branch (Funpresp-Jud); alters devices from the Law n ° 10,887, of June 18, 2004; and gives other arrangements.

A P R E S I D E N T A R E P U B L I C A I do know that the National Congress decrees and I sanction the following Law:

CHAPTER I

OF THE SUPPLEMENTARY PROVIDENT REGIME

Art. 1 ° It is hereby established, pursuant to this Act, the supplementary provident regime to which they refer to § § 14, 15 and 16 of the art. 40 of the Federal Constitution for public servants holding effective office of the Union, its authorities and foundations, including for the members of the Judiciary Branch, of the Union Public Prosecutor's Office and of the Court of Auditors of the Union.

Paragraph single. The servers and members referred to in the caput of this article who have entered the public service until the date prior to the beginning of the term of the supplementary pension scheme will be able, upon prior and express option, to join the scheme of which treats this article, noted the provisions of the art. 3 ° of this Law.

Art. 2 ° For the purposes of this Act, it is understood by:

I-sponsor: the Union, its authorities, and foundations, as a result of the application of this Act;

II-participant: the public servant effective office holder of the Union, including the member of the Judiciary Branch, the Public Prosecutor's Office and the Union Court of Auditors, which adhere to the benefits plans administered by the entities referred to in art. 4 ° of this Act;

III-assisted: the participant or his / her beneficiary in enjoyment of benefit of continued installment.

Art. 3 ° Applies the ceiling set for the benefits of the general social welfare scheme to retirements and pensions to be granted by the Union pension scheme of which it treats art. 40 of the Federal Constitution, observed the provisions of Law No. 10,887 of June 18, 2004, to the servers and members referred to in the caput of the art. 1 ° of this Act that have entered into the public service:

I-from the beginning of the term of the supplementary provident regime of which it treats art. 1 ° of this Law, regardless of its adherence to the plan of benefits; and

II-to date previous to the beginning of the term of the supplementary provident regime of which it treats art. 1 ° of this Law, and in it have remained without loss of the effective bond, and that they exercise the option provided for in § 16 of the art. 40 of the Federal Constitution.

§ 1 ° It is ensured to the servers and members referred to in the inciso II of the caput of this article the right to a special benefit calculated on the basis of the contributions collected from the pension scheme of the Union, the States, the Federal District or the Municipalities of which it treats the art. 40 of the Federal Constitution, observed the systematic set out in § § 2 ° to 3 ° of this article and the right to financial compensation of which it treats § 9 ° of the art. 201 of the Federal Constitution, pursuant to the law.

§ 2 ° The special benefit will be equivalent to the difference between the simple arithmetic mean of the largest remunerations prior to the date of change of the scheme, used as the basis for the contributions of the server to the provident regime of the Union, the States, the Federal District or the Municipalities, updated by the National Ample Consumer Price Index (IPCA), released by the Brazilian Institute of Geography and Statistics (IBGE), or another index that comes to replace it, corresponding to 80% (eighty percent) of the entire period contributory since the competence July 1994 or since that of the beginning of the contribution, if subsequent to that competence, and the ceiling referred to in the caput of this article, in the form regulated by the Executive Power, multiplied by the factor of conversion.

§ 3 ° The conversion factor of which treats § 2 ° of this article, the result of which is limited to the maximum of 1 (one), will be calculated by applying the following formula:

FC = Tc / Tt

Where:

FC = conversion factor;

Tc = amount of monthly contributions effected to the Union provident regime of which it treats art. 40 of the Federal Constitution, effectively paid by the effective incumbent server of the Union or by member of the Judicial Power, the Court of Auditors and the Union Public Prosecutor's Office up to the date of the option;

Tt = 455, when server holder of effective charge of the Union or member of the judiciary, of the Court of Auditors and of the Union Public Prosecutor's Office if man, under the terms of the "a" of the inciso III of the art. 40 of the Federal Constitution;

Tt = 390, when server holder of effective office of the Union or member of the judiciary, the Court of Auditors and the Union Public Prosecutor's Office, if woman, or teacher of child education and elementary school, pursuant to § 5 ° of the art. 40 of the Federal Constitution, if man;

Tt = 325, when effective dependant server of the Union of teacher of child education and elementary school, pursuant to § 5 ° of the art. 40 of the Federal Constitution, if woman.

§ 4 ° The conversion factor will be adjusted by the competent organ for the granting of the benefit when, under the respective supplementary laws, the time for contribution required for granting the retirement of server with disabilities, or that exerts risky activity, or whose activities are exercised under special conditions that harm health or physical integrity, is lower than the Tt of which it treats § 3 °.

para. 5 ° The special benefit shall be paid by the competent organ of the Union, on the occasion of the granting of retirement, including by invalidity, or pension for death by the Union's own pension scheme, of which it treats art. 40 of the Federal Constitution, while endure the benefit paid by that regime, including along with the Christmas gratuity.

§ 6 ° The special benefit calculated will be updated by the same index applicable to the retirement benefit or pension maintained by the general social welfare scheme.

§ 7 ° The deadline for the option of which treats the inciso II of the caput of this article will be 24 (twenty-and four) months, counted from the beginning of the term of the supplementary provident scheme instituted in the caput of the art. 1 ° of this Law.

§ 8 ° The exercise of the option to which the inciso II of the caput is concerned is irrevocable and irredeemable, not being due by the Union and its public authorities and foundations any counterpart regarding the value of the discounts already effected on the contribution basis above the threshold set out in the caput of this article.

CHAPTER II

OF THE CLOSED ENTITIES OF PROVIDENT

COMPLEMENTING

Section I

From Creation of Entities

Art. 4 ° It is the Union authorized to create, observed the provisions of the art. 26 and in the art. 31, the following closed entities of supplementary providence, with the purpose of administering and executing pension character benefit plans pursuant to Supplementary Laws n ° s 108 and 109, of May 29, 2001:

I-the Supplemental Welfare Foundation of the Federal Public Servant of the Executive Power (Funpresp-Exe), for the public servants holding effective office of the Executive Power, by means of act of the President of the Republic;

II-the Supplemental Welfare Foundation of the Federal Public Servant of the Legislative Power (Funpresp-Leg), for the public servants holding effective power of the Power Legislative and the Court of Auditors of the Union and to the members of this Court, by means of a joint act of the Presidents of the Chamber of Deputies and the Federal Senate; and

III-the Supplemental Welfare Foundation of the Federal Public Servant of the Judiciary Branch (Funpresp-Jud), for the public servants of effective post office and for the members of the judiciary, by way of act of the President of the Supreme Court.

§ 1 ° Funpresp-Exe, Funpresp-Leg and Funpresp-Jud will be structured in the form of foundation, of a public nature, with legal personality of private law, will enjoy administrative, financial and managerial autonomy and will have headquarters and venue in the District Federal.

§ 2 ° By act joint act of the competent authorities for the establishment of the foundations provided for in the incisors I to III, foundation may be created that will behold the public servants of 2 (two) or of the 3 (three) Powers.

§ 3 ° Considerate members of the Court of Auditors of the Union, for the purposes of this Law, the Ministers, the Auditors of which it treats § 4 ° of the art. 73 of the Federal Constitution and the Sub-Attorneys General and Prosecutors of the Public Prosecutor's Office along with the Court of Auditors of the Union.

Section II

From the Organization of the Entities

Art. 5 ° The organizational structure of the entities of which it treats this Act shall be constituted of deliberative advice, tax advice and executive board, observed the provisions of the Supplementary Act No. 108 of May 29, 2001.

§ 1 ° The Deliberative Councils will have parity composition and each will be integrated by 6 (six) members.

§ 2 ° The Tax Boards will have parity composition and each of them will be integrated by 4 (four) members.

§ 3 ° The members of the deliberative boards and the tax councils of the closed entities will be designated by the Presidents of the Republic and the Supreme Court and by joint act of the Presidents of the Chamber of Deputies and the Federal Senate, respectively.

§ 4 ° The chair of the deliberative councils will be exercised by the members nominated by the sponsors, in the form provided for in the statute of the closed entities of supplementary providence.

§ 5 ° The Chair of the tax advice will be exercised by the members indicated by the participants and assisted, in the form provided for in the statute of the closed welfare entities.

§ 6 ° Executive directorships will be composed, at most, by 4 (four) members, appointed by the deliberative advice of the closed entities of supplementary providence.

§ 7 ° VETADO.

§ 8 ° The remuneration and the advantages of any nature of the members of the directorships executive of the closed entities of supplementary welfare shall be fixed by their deliberative advice on values consistent with the levels prevailing in the labour market for professionals of equivalent degrees of vocational training and of specialization, observed the provisions of the inciso XI of the art. 37 of the Federal Constitution.

§ 9 ° The remuneration of the members of the deliberative boards and tax is limited to 10% (ten percent) of the value of the remuneration of executive board members.

§ 10. The requirements set out in the incisos I to IV of the art. 20 of the Supplementary Act No. 108 of May 29, 2001, extend to the members of the deliberative and fiscal boards of the closed entities of supplementary providence.

§ 11. The closed entities of supplementary welfare will be able to create, observed the provisions of the statute and internal regiment, technical advising committees, of advisory character, for each benefit plan by them administered, with representation parity between the sponsors and the participants and assisted, being these elected by their peers, with the assignments of submitting proposals and suggestions as to the management of the entity and its investment policy and the financial situation and actuarial of their respective benefit plans and to formulate prudential recommendations to them related.

§ 12. VETADO.

Section III

General provisions

Art. 6 ° It is required to institution of code of ethics and conduct, including with rules to prevent conflict of interest and to prohibit operations of the leaders with related parties, which will have wide dissemination, especially among the participants and assisted and the related parties, and the tax advice of the closed entities of supplementary welfare shall ensure their compliance.

Paragraph single. It is incumbent upon the supervisory body of the closed welfare entities to define the universe of the related parties to which the caput of this article is referred to.

Art. 7 ° The legal regime of personnel of the closed supplementary provident entities referred to in art. 4th of this Act will be that provided for in the labor legislation.

Art. 8 In addition to the subjection to the standards of public law that elapse from its institution by the Union as a foundation of private law, an integral part of its indirect administration, the public nature of the closed entities referred to in § 15 of the art. 40 of the Federal Constitution will consist of the:

I-submission to the federal legislation on bidding and administrative contracts;

II-holding public tender for the hiring personnel, in the case of permanent jobs, or selective process, in the handling of temporary contract, as per Law No. 8,745, of December 9, 1993;

Annual publication, in the official press or on the official website of the public administration certified digitally by authority for this accredited end in the framework of the Brazilian Public Keys Infrastructure (ICP Brasil), of its accounting, actuarial, financial and benefits demonstratives, without prejudice to the provision of information to the participants and assisted by the benefits plans and the supervisory body of the closed supplementary provident entities in the form of Supplementary Laws n ° 108 and 109, of May 29, 2001.

Art. 9 ° The administration of the closed supplementary provident entities referred to in art. 4th of this Law will observe the principles governing public administration, especially those of efficiency and economicity, and should adopt operational management mechanisms that maximize the use of resources, so as to optimize the care for the participants and assisted and decrease administrative expenses.

§ 1 ° The expenses administrative referred to in the caput of this article will be borne in the form of the regulations of the benefit plans, noted the provisions of the caput of the art. 7 ° of the Supplementary Act No. 108 of May 29, 2001 and will be limited to the values strictly necessary for the sustainability of the operation of the closed entities of supplementary provident welfare.

§ 2 ° The amount of resources earmarked for the coverage of administrative expenses will be reviewed at the end of each year, with views to the fulfilment of the willing in this article.

Art. 10. The closed supplementary provident entities referred to in the art. 4th of this Act will be held in full by its revenue, arising from the contributions of sponsors, participants and assisted, of the financial results of its applications and of donations and legacies of any nature, noted the provisions of the § 3 ° of the art. 202 of the Federal Constitution.

Art. 11. The Union, its authorities and foundations are responsible, in the quality of sponsors, for the contribution of contributions and the transfers to the closed entities of supplementary welfare of the discounted contributions of their servers, observed the provisions of this Act and the respective statutes of the entities.

§ 1 ° The contributions due by the sponsors should be paid centrally by the respective Powers of the Union, the Union Public Prosecutor's Office and the Court of Auditors of the Union.

§ 2 ° The payment or the transfer of the contributions after day 10 (ten) of the following month to that of the competence:

I-enlist the application of the expected payment accruals for the tributes federal; and

II-subject to the responsible for criminal and administrative sanctions and cableable.

CHAPTER III

OF THE BENEFITS PLANS

Section I

Of The Lines General of Benefits Plans

Art. 12. The benefits plans of Funpresp-Exe, Funpresp-Leg and Funpresp-Jud will be structured in the defined contribution modality, in the terms of the regulation established by the regulatory body of the closed supplementary provident entities, and financed in accordance with the costing plans set out in the terms of the art. 18 of the Supplementary Act No. 109 of May 29, 2001, observed the remaining provisions of the Supplementary Act No. 108, of May 29, 2001.

§ 1 ° The distribution of the contributions in the benefits plans and the costing plans will be reviewed whenever necessary, to maintain the permanent balance of the plans of benefits.

§ 2 ° Without prejudice to the provisions of § 3 ° of the art. 18 of the Supplementary Act No 109 of May 29, 2001, the value of the scheduled benefit shall be calculated according to the amount of the account balance accumulated by the participant, the value of the benefit being permanently adjusted to the said balance.

§ 3 ° The unscheduled benefits will be defined in the regulations of the plans, observed the following:

I-must be assured, at least, the benefits arising from the disability and death events and, if it is the case, coverage of other actuarial risks; and

II- will have specific costing for their coverage.

§ 4 ° In the management of the benefits of which it treats the § 3 ° of this article, the closed supplementary provident entities referred to in art. 4 ° of this Law will be able to either hire them externally or administer them in their own benefit plans.

§ 5 ° The granting of the benefits of which it treats § 3 ° to the participants or assisted by the closed entity of social welfare is conditional on the granting of the benefit by the own social welfare regime.

Art. 13. The requirements for acquisition, maintenance and loss of the quality of participant, as well as the eligibility requirements and the form of granting, calculation and payment of the benefits, should appear in the regulations of the benefits plans, observed the provisions of Supplementary Laws n ° s 108 and 109, of May 29, 2001, and the regulation of the regulatory body of the closed entities of supplementary welfare.

Paragraph single. The server with remuneration lower than the ceiling set for the benefits of the general social welfare scheme will be able to adhere to the benefits plans administered by the closed supplementary provident entities of which it treats this Law, without counterpart to the sponsor, whose basis of calculation shall be defined in the regulations.

Art. 14. You will be able to stay filmed to the respective benefits plans the participant:

I-ceded to another body or entity of the direct or indirect public administration of the Union, states, Federal District and Municipalities, including its public enterprises and mixed economy societies;

II-estranged or licensed from the effective post temporarily, with or without receipt of remuneration;

III-that opts for the deferred proportional benefit or autophatrocian, in the form of the regulation of the benefit plan.

§ 1 ° The regulations of the benefit plans will discipline the rules for the maintenance of the cusp of the benefits plan, observed applicable legislation.

§ 2 ° The sponsors will shoulder their contributions only when the assignment, removal or leave of the effective office entails burden for the Union, its authorities and foundations.

§ 3 ° Havendo assignment with burden for the transferee, this should collect to the closed welfare entities supplementary referred to in art. 4 ° of this Law the contribution to the benefit plans, at the same levels and conditions that would be due by the sponsors, in the form set out in the regulations of the plans.

Section II

Of The Features Warranters

Art. 15. The application of the guaranteed resources corresponding to the reserves, provisions and funds of the benefits plans of Funpresp-Exe, Funpresp-Leg and Funpresp-Jud will comply with the guidelines and prudential limits established by the Board National Monetary (CMN).

§ 1 ° The management of the guaranteed resources of the benefit plans administered by the entities referred to in the caput could be carried out by means of own portfolio, managed portfolio or investment funds.

§ 2 ° The entities referred to in the caput will hire, for the management of the guaranteed resources provided for in this article, only institutions, portfolios or funds of investment that are authorized and registered in the Securities Commission (CVM).

§ 3 ° The contracting of the institutions referred to in § 2º of this article shall be made by bidding, whose contracts shall have full maximum implementation period of 5 (five) years.

§ 4 ° The edital of the bidding provided for in § 3 shall establish, among others, provisions concerning the administration and cost rate limits that may be charged to the funds, as well as, in what concerns the administrators, the soundness, the waybill and the experience in resource management.

§ 5 ° Each institution contracted in the form of this article will be able to administer at most 20% (twenty percent) of the guaranteed resources corresponding to the technical reserves, the funds and the provisions.

§ 6 ° The institutions referred to in § 5 of this article will not be able to have any society-binding link with another institution that is running in the same bidding or that already administrates reserves, provisions and funds of the same closed pension entity add-on.

Section III

Das Contributions

Art. 16. The contributions of the sponsor and the participant will focus on the share of the contribution base exceeding the ceiling to which the art relates. 3 ° of this Law, observed the provisions of the inciso XI of the art. 37 of the Federal Constitution.

§ 1 ° For the purposes of this Act, the basis of contribution shall be considered the one defined by § 1 ° of the art. 4 ° of Law No. 10,887 of June 18, 2004, and the participant may opt for the inclusion of paid paid plots due to the workplace and the exercise of office in commission or trust function.

§ 2 ° The aliquot of the participant's contribution will be by it defined annually, observed the provisions of the regulation of the benefits plan.

§ 3 ° The aliquot of the sponsor's contribution shall be equal to that of the participant, noted the provisions of the benefits plan regulation, and will not be able to exceed the 8.5% percent (eight integers and five tenths per cent).

§ 4 ° In addition to the normal contribution, the participant will be able to contribute facultatively, without counterpart to the sponsor, in the form of the plan regulation.

§ 5 ° The remuneration of the server, when due during departments considered by law as de effective exercise, will be fully covered by the public, continuing to focus on the contribution to the regime instituted by this Law.

Section IV

Provisions Specials

Art. 17. The costing plan envisioned in the art. 18 of the Supplementary Act No. 109 of May 29, 2001 will discriminate the percentage of the contribution of the participant and the sponsor, as the case may be, for each of the benefits provided for in the benefits plan, noted the provisions of the art. 6th of the Supplementary Law No. 108 of May 29, 2001.

§ 1 ° The custeion plan referred to in the caput should provide for repayment of the participant's and sponsor's contribution with the aim of compose the Extraordinary Benefits Coverage Fund (FCBE), of which amounts will be verted, by the title of extraordinary contributions, to the account held in favour of the participant, in the hypotheses and in the manner provided for in this Act.

§ 2 °As extraordinary contributions referred to in § 1 ° will be verted at the following hypotheses:

I-death of the participant;

II-disability of the participant;

III-retirement in the hypotheses of § § 4 ° and 5 ° of the art. 40 of the Federal Constitution;

IV-retirement of women, in the hypothesis of the "a" of the inciso III of § 1 ° of the art. 40 of the Federal Constitution; and

V-survival of the assisted.

§ 3 ° The amount of the extraordinary aport of which treat incisos III and IV of § 2 ° will be equivalent to the difference between the reservation accumulated by the participant and the product of this same reservation multiplied by reason between 35 (thirty five) and the number of years of contribution required for the granting of the benefit by the social welfare scheme of which it treats the art. 40 of the Federal Constitution.

Art. 18. The closed supplementary provident entities referred to in the art. 4th of this Act will maintain controls of the reserves constituted on behalf of the participant, accounting for the contributions of this and those of the sponsors.

CHAPTER IV

DO CONTROL AND SURVEILLANCE

Art. 19. The constitution, operation and extinction of Funpresp-Exe, Funpresp-Leg and Funpresp-Jud, the application of its statutes, regulations of the benefits plans, accession arrangements and their respective amendments, as well as withdrawals from sponsorships, will depend on prior and express authorization of the supervisory body of the closed entities of supplementary providence.

§ 1 ° Will be submitted to the supervising body of the closed welfare entities:

I-the proposals for approval of the statute and institution of benefits plans of the closed welfare entity complementing, as well as its changes; and

II-the proposed accession of new sponsors to benefits plans in operation in the closed supplementary provident entity.

§ 2 ° No case of the Funpresp-Exe, the proposals for approval of the statute, accession of new sponsors and institution of plans shall be accompanied by a favourable manifestation of the Ministry of Planning, Budget and Management and the Ministry of Finance.

§ 3 ° In the case of Funpresp-Leg, the proposals for approval of the status, of accession of new sponsors and institution of plans must be accompanied by a favorable manifestation of the Mesas Directors of the House of Representatives and the Federal Senate.

§ 4 ° In the case of Funpresp-Jud, the proposals for approval of the status, accession of new sponsors and institution of plans must be accompanied by manifestation favorable:

I-of the Federal Supreme Court;

II-VETADO.

Art. 20. The supervision and surveillance of Funpresp-Exe, Funpresp-Leg and Funpresp-Jud and its benefit plans compete for the supervisory body of the closed pension entities.

§ 1 ° The competence exercised by the body referred to in the caput of this article does not exonerate the sponsors of the liability for the supervision and systematic review of the activities of the closed entities of supplementary welfare.

§ 2 ° The results of the supervision and surveillance exerted by the sponsors will be forwarded to the body mentioned in the caput of this article.

Art. 21. It applies, within the framework of Funpresp-Exe, Funpresp-Leg and Funpresp-Jud, the disciplinary regime provided for in Chapter VII of the Supplementary Act no 109, of May 29, 2001.

CHAPTER V

FINAL AND TRANSITIONAL PROVISIONS

Art. 22. The special benefit of which they treat the § § 1 ° to 8 ° of the art shall apply. 3 ° to the public servant holder of effective office of the Union, including to the member of the Judiciary, Prosecutor's Office and the Court of Auditors of the Union, arising, without breach of continuity, of statutory public office of another ente of the federation who has not instituted the respective supplementary pension scheme and entering into a federal effective public office from the institution of the supplementary provident regime of which it treats this Act, considering, to that end, the time of state, district or municipal contribution, secured the financial compensation of which it treats § 9 ° of the art. 201 of the Federal Constitution.

Art. 23. After the operating permit of Funpresp-Exe, Funpresp-Jud and Funpresp-Leg, pursuant to this Act, the servers which are to provisionally compose the deliberative advice and tax advice, waived from the requirement of the condition of participant or assisted of the benefits plans of the closed entities of supplementary welfare shall be appointed, respectively, by the President of the Republic, by the President of the Supreme Court and by joint act of the Presidents of the Chamber of Deputies and the Federal Senate.

Single paragraph. The advisors ' mandate that it treats the caput of this article will be 2 (two) years, during which direct election will be held so that the participants and assisted will choose their representatives, and the sponsors will indicate their representatives.

Art. 24. For deployment purposes, the Funpresp-Exe, Funpresp-Leg and Funpresp-Jud equips the legal persons referred to in the art. 1 ° of Law No. 8,745 of December 9, 1993, with views to the hiring of technical and administrative staff for a definite time.

§ 1 ° It is considered to be temporary necessity of exceptional public interest, for the purposes of Law No. 8,745 of December 9, 1993, the hiring of technical staff and administrative, for time determined, is necessary for the initial functioning of Funpresp-Exe, Funpresp-Leg and Funpresp-Jud.

§ 2 ° The hires will observe the willing in the caput of the art. 3 °, in the art. 6 °, in the inciso II of the art. 7 ° and in the arts. 9 ° and 12 of Law No. 8,745 of December 9, 1993 and shall not be able to exceed the term of 24 (twenty four) months.

Art. 25. It is the authorized Union, in exceptional character, in the act of creation of the closed supplementary provident entities referred to in art. 4 °, to promote to dock in advance of future contributions, necessary to the regular initial functioning, in the value of:

I-Funpresp-Exe: up to R$ 50,000,000.00 (fifty million reais);

II-Funpresp-Leg: up to R$ 25,000,000.00 (twenty five million reais); and

III-Funpresp-Jud: up to R$ 25,000,000.00 (twenty-five million reais).

Art. 26. Funpresp-Exe, Funpresp-Leg and Funpresp-Jud are expected to come into operation by up to 240 (two hundred and forty) days after the publication of the operating permit granted by the supervisory body of the closed welfare entities complement.

Art. 27. They apply to the supplementary provident scheme to which the § § 14, 15 and 16 of the art are referred to. 40 of the Federal Constitution the provisions of Supplementary Laws n ° s 108 and 109, of May 29, 2001.

Art. 28. Until it is promoted to hire in the form provided for in § 3 ° of the art. 15 of this Act, the totality of the guaranteed resources corresponding to the technical reserves, the funds and the provisions of the Funpresp-Exe benefits plans, Funpresp-Leg and Funpresp-Jud will be administered by the federal financial institution, upon rate of administration practiced at market price, vetoed the collection of performance fees.

Art. 29. The caput of the art. 4 ° of Law No. 10,887 of June 18, 2004, it passes the invigoration with the following essay:

" Art. 4 ° The social contribution of the active public servant of any of the Powers of the Union, included its authorities and foundations, for the maintenance of the respective social welfare scheme, shall be 11% (eleven percent), incidents on:

I-the totality of the contribution base, in if treating server which has entered the public service by the date of publication of the act of institution of the supplementary welfare scheme for the federal public servants holders of effective office and has not chosen to join the him;

II-the share of the base of contribution that does not exceed the upper limit set for the benefits of the general social welfare scheme, in addressing server:

a) that has entered the public service up to the date referred to inciso I and has chosen to adhere to the regime of supplementary welfare there referred to there; or

b) that has entered the public service from the date referred to in the inciso I, regardless of adherence to the supplementary provident regime there.

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

Art. 30. For the purposes of the exercise of the right of option of which it treats the single paragraph of the art. 1 °, the supplementary pension scheme is deemed to have been imposed on this Act as of the date of publication by the supervisory body of the authorisation to implement the regulations of the benefits plans of any of the entities it treats the art. 4 ° of this Law.

Art. 31. Funpresp-Exe, Funpresp-Leg and Funpresp-Jud are to be set up by the Union within 180 (one hundred and eighty) days, counted from the publication of this Law, and start its operation under art. 26.

§ 1 ° Outdated the deadlines of which it treats the caput, considers vigour, for all the purposes, the supplementary provident regime of which it treats this Act.

§ 2 ° Outdated the deadlines of which it treats the caput without the beginning of the operation of some of the entities referred to in art. 4 °, the servers and members of the respective Power will be able to adhere to the plan of benefits of the entity that first came into operation until the regularization of the situation.

Art. 32. It is considered to be an act of improbity, in the terms of art. 10 of Law No. 8,429 of June 2, 1992, the unjustified disfulfillment of the deadlines of which it treats art. 31.

Art. 33. This Act shall come into force:

I-as to the provisions of Chapter I, on the date they are created any of the entities of which it treats art. 4 °, observed the provisions of the art. 31; and

II-as to the remaining devices, on the date of their publication.

Brasilia, April 30, 2012; 191 ° of Independence and 124 ° of the Republic.

DILMA ROUSSEFF

Guido Mantega

Miriam Belchior

Garibaldi Alves Filho

Luís Inácio Lucena Adams