Machine Translation of "Law No. 11890, December 24 2008" (Brazil)

Law No. 11890, December 24 2008

Original Language Title: Lei nº 11.890, de 24 de Dezembro de 2008

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LEI No. 11,890, OF December 24, 2008.

Dislays on the restructuring of the remunerative composition of the Brazilian Revenue Audit Careers of Brazil and Auditoria-Fiscal of Labour, of which it treats the Law n^o 10,910, of July 15, 2004, of the Carreiras of the Legal Area, of which it treats the Law n^o 11,358, of October 19, 2006, of the Government Management Carreiras, of which it treats the Provisional Measure n^o 2.229-43, of September 6, 2001; of the Carreiras of the Central Bank of Brazil-BACEN, of which it treats the Law n^o 9,650, of May 27, 1998; and of the Diploma Carrier, of which it treats the Law n^o 11,440, of December 29, 2006; it creates the Plan of Carries and Cargos of the Susep, the Plan of Carries and Cargos of the CVM and the Plan of Carries and Cargos of the IPEA; it has on the remuneration of the holders of the P-1501 Group Planning Technician positions of the P-1500 Group, of which it treats the Law n^o 9,625, of April 7, 1998, and of the members of the Civil Police career of the extinct Federal Territories of the Acre, Amapá, Rondônia and Roraima that it treats the Law n^o 11,358, of October 19, 2006, on the creation of Union Public Defender posts and the creation of Planning and Budget Analyst posts, and on the Development System in the Carrier-SIDEC; alters the Leis n^os 10,910, of July 15, 2004, 11,358, of 19 of October 2006, and 9,650, of May 27, 1998, 11,457, of March 16, 2007; repeal devices of the Interim Measlion n^o 2.229-43, of September 6, 2001, of the Leis n^os 9,650, of May 27, 1998, 10,593, of December 6 of 2002, 10,910, of July 15, 2004, 11,094, of January 13, 2005, 11,344, of September 8, 2006, and 11,356, of October 19, 2006; and gives other arrangements.

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

CHAPTER I

OF THE CAREERS AND THE POSTS OF THE FEDERAL PUBLIC ADMINISTRATION

Section I

From the Federal Audit Carrears

Art. 1^o Law n^o 10,910, of July 15, 2004, passes the increased vigour of Annexes III and IV, in the form of the Annexes I and II of this Act, respectively.

Art. 2^o The Law n^o 10,910, of July 15, 2004, passes the invigorate with the art. 1^o increased from the following single and increased paragraph of the following devices:

?Art. 1^o ...........................................................................................................................

Paragraph single. Holders of effective proofing positions of the Carreiras that it treats the caput of this article will be reframed, to count from 1^the of July 2009, as disposed of in Schedule III of this Law.? (NR)

?Art. 2^o-A. As of 1^o of July 2008, the holders of the effective members of the Carreiras referred to art. 1^o of this Act shall become remunerated, exclusively, by allowance, fixed in single instalment, vehement of the addition of any gratification, additional, allowance, premium, representation grant or other remunerative species.

Single paragraph. The values of the allowance of the holders of the posts referred to in the caput of this article shall be those set out in Annex IV to this Act, with financial effects from the dates specified therein.?

?Art. 2^o-B. They are understood in the allowance and are no longer due to the holders of the posts referred to in art. 1^o of this Law, as of 1^o July 2008, the following remunerative species:

Basic maturity;

II-Gratification of Tax Activity-GAT, of which it treats art. 3^o of this Act;

III- Gratification of Increment of Surveillance and Fundraising-GIFA, of which it treats art. 4^o of this Act; and

IV- Individual Pecuniary Advantage-VPI, of which it treats the Law n^o 10,698, of July 2, 2003.

Single paragraph. Considering the provisions of the art. 2^o-The one of this Act, the holders of the posts referred to therein do not make jus at the perception of the following remunerative advantages:

I-Gratification of Performance of Tax Activity-GDAT, of which treats art. 15 of the Law n^o 10,593, of December 6, 2002;

II-variable additional consideration, of which it treats art. 5^o of the Law n^o 7,711, of December 22, 1988;

III-Gratification of Stimulus to Surveillance and Fundraising-GEFA, created by the Decree-Law n^o 2,371, of November 18, 1987; and

IV-Gratification of Activity-GAE, of which it treats the Law Delegated n^o 13, of August 27, 1992.?

?Art. 2^o-C. In addition to the plots and advantages of which it treats art. 2^o-B of this Act, are not due to the holders of the posts referred to in art. 1^o of this Law, as of 1^o July 2008, the following remunerative species:

I-personal advantages and Nominally Identified Personal Advantages-VPNI, of any origin and nature;

II-individual differences and residues, de any origin and nature;

III- values emboded to remuneration arising from the exercise of direction function, managerial or advising or of charge of provement in commission;

IV-values embedded in the remuneration regarding fifths or tenths;

V-values embedded in the remuneration to be additional by service time;

VI-advantages incorporated into the orderings or pensions by force of the arts. 180 and 184 of the Law n^o 1,711, of October 28, 1952, and of the arts. 192 and 193 of the Law n^o 8,112, of December 11, 1990;

VII-allowances;

VIII-values paid for representation title;

IX-additional by the exercise of unhealthy, dangerous or penile activities;

X-additional nightly;

XI-additional by the provision of extraordinary service; and

XII-other gratuities and additional, of any origin and nature, which are not explicitly mentioned in the art. 2^o-E.?

?Art. 2^o-D. The integral servers of the Carreiras of which treats art. 1^o of this Law will not be able to cumulatively perceive with the allowance any values or perks incorporated into remuneration by administrative decision, judicial or administrative extension of judicial decision, of a general or individual nature, yet that arising out of judicial sentence carried forward on trial.?

?Art. 2^o-E. The allowance of the members of the Carreiras of which it treats art. 1^o of this Law does not rule out the right to perception, under the specific legislation and regulation, of:

I-gratification natalina;

II-additional vacations;

III-permanence of permanence of which treat § 19 of the art. 40 of the Federal Constitution, the § 5^o of the art. 2^o and the § 1^o of the art. 3^o of the Constitutional Amendment n^o 41, of December 19, 2003;

IV-retribution for the exercise of direction function, bosses and advising; and

V-indenizatory plots provided for in law.?

?Art. 2^o-F. The application of the provisions of this Act to active servers, inactives and pensioners will not be able to imply reduction of remuneration, orderings and pensions.

§ 1^o In the hypothesis of reduction of remuneration, from provenance or pension, due to the application of the provisions of this Act, possible difference shall be paid for the title of supplementary repayment of allowance, of a provisional nature, which will be gradatively absorbed on the occasion of the development in office or in the Carrier by ordinary or extraordinary progression or promotion, reorganization or restructuring of the posts and Carreiras or of the remuneration provided for in this Act, of the granting of readjustment or advantage of any nature, as well as the implantation of the values set out in Annex IV of this Act.

§ 2^o The installment supplementary allowance referred to in § 1^o of this article will be subject exclusively to the update arising out of general review of the remuneration of federal public servants.?

?Art. 2^o-G. It applies to retirements granted to the member servers of the Brazilian Federal Revenue Audit Careers and Auditoria-Fiscal of the Work of which it treats art. 1^o of this Law and pensions, resonated retirements and pensions regulated by the arts. 1^o and 2^o of the Law n^o 10,887, of June 18, 2004, in what couber, the provisions of this Act in relation to the servers that are in activity.?

Art. 3^o To the holders of the member positions of the Carreiras that treats the art. 1^o of Law n^o 10,910, of July 15, 2004, applies the exclusive dedication regime, with the impediment of the exercise of other paid, public or private activity, potentially causative conflict of interest, resourced the exercise of the magister, there was time compatibility.

§ 1^o In the exclusive dedication regime, sporadic collaboration will be allowed to in matters of its specialty, duly authorized by the Secretary of the Federal Revenue Officer of Brazil or by the Minister of State for Labour and Employment, as the case may be, for each specific situation, observed the terms of the regulation, and the participation in boards of directors and tax boards of the public companies and mixed-economy companies, their subsidiaries and controlled, as well as any companies in which the Union, directly or indirectly, detains participation in the social capital.

§ 2^o The planton and the scale or the regime of shifts alternated by relay will be regulated in a joint act of the State Ministers of Planning, Budget and Management, of the Farm and Labour and Employment, observed the current legislation.

§ 3^o In cases to which the work arrangements by plands apply, scale or regime of shifts alternated by relay, is of at most 192 (one hundred and ninety two) monthly hours the work journey of the members of the posts referred to in the caput of this article.

Art. 4^o The members of the Carreiras as referred to art. l^o of the Law n^o 10,910, of July 15, 2004, will only be able to be yielded or have exercise outside the respective lottation body in the following situations:

I-requisitions provided in law for Union organs and entities;

II-cessation for the exercise of Special Nature or posts in committee of level equal to or greater than DAS-4 of the Group-Direction and Advising Superiors, or equivalents, in other Union bodies, in authorities or in federal public foundations;

III-exercise of the posts of Secretary of State, of the Federal District, of capital prefecture or of municipality with more than 500,000 (five hundred thousand) inhabitants, of positions in commission of level equivalent or higher than that of DAS-4 within the framework of the States, Federal District and Municipalities, and of maximum entity of the public administration of these federated entities;

IV-exercise of the post of director or of president of public company or federal mixed economy society;

V-occupants of the effective positions of the Brazilian Federal Revenue Audit Carrier, nos the following organs of the Ministry of Finance:

a) Cabinet of the Minister of State;

b) Secretariat-Executive;

c) School of Fazendary Administration;

d) Council of Contributors; and

e) Attorney General of the National Farm;

VI-occupiers of the posts of Auditor-Fiscal of the Brazilian Federal Revenue Officer of the Audit of the Brazilian Federal Revenue Audit, at the Ministry of Social Welfare and at the Institute National Social Insurance-INSS;

VII-occupiers of the effective positions of the Carrier Auditoria-Fiscal of Labour, at the Ministry of Labour and Employment, exclusively in the non-integral units of the Federal Labour Inspection System defined in regulation; and

VIII-(VETADO)

Section II

From the Carreiras of the Legal Area

Art. 5^o Annex I to Law n^o 11,358, of October 19, 2006, passes the vigour in the form of Annex III of this Act, with financial effects from the dates in it specified.

Art. 6^o To the holders of the posts of which they treat the incisos I to V of the caput and the § 1^o of the art. l^o of Law n^o 11,358, of October 19, 2006, shall apply the exclusive dedication regime, with the impediment of the exercise of other paid, public or private activity, potentially causative conflict of interest, resourced the exercise of the magister, there was time compatibility.

Single paragraph. In the exclusive dedication scheme, it will allow sporadic collaboration in matters of its specialty, duly authorized by the Union Advocate General, by the President of the Central Bank of Brazil, by the Minister of State for Finance or by the Minister of State for Justice, as the case, for each specific situation, observed the terms of the regulation, and the participation in boards of directors and tax of the public companies and mixed economy societies, their subsidiaries and controlled, as well as any companies in which the Union, directly or indirectly, detains participation in the social capital.

Art. 7^o The members of the Carreiras and the officeholders to which if refer to the incisos I, II, III and V of the caput and the § 1^o of the art. 1^o of the Law n^o 11,358, of October 19, 2006, will only be able to be yielded or have exercise outside the respective lottation body at the following hypotheses:

I-requisition by the Presidency or Vice-Presidency of the Republic;

II-cessation for the exercise of office in committee of level CJ-3 or higher in cabinet of Minister of the Supreme Federal Court or Superior Court;

III-disposals for the exercise of office in commission of level CC-6 or higher in the Office of the Attorney General of the Republic;

IV- disposals for the exercise of Special Nature office or positions in committee of level equal to or greater than DAS-4 of the Group-Direction and Advising Superiors, or equivalents, in organs of the Executive Power or of the Legislative Power of the Union, or of its public authorities and foundations;

V-exercise of office in committee in the organs of the Advocacy-General of the Union, of the Federal Attorney General, of the Procuratorate of the Central Bank of Brazil and of the Attorney General of the National Finance;

VI-exercise of office, function or charge of legal organ holder of the direct, municipal or fundational public administration;

VII-provisional exercise or provision of temporary collaboration, by the maximum term of 180 (one hundred and eighty) days, in organs of the Advocate-General of the Union, of the Federal Prosecutor's Office, of the Attorney General of the National Finance or of the Procuratorate of the Central Bank of Brazil;

VIII-exercise of the post of director or of president of public company or federal mixed economy society;

IX-exercise of the posts of Secretary of State, of the Federal District, of capital prefecture or municipality with more than 500,000 (five hundred thousand) inhabitants, of positions in committee of level equivalent or higher than that of DAS-4 within the framework of the States, Federal District and Municipalities, and of maximum entity of public administration of those federated public administration;

X-in the case of occupants of the effective positions of Federal Prosecutor, to act in the Council of Social Security Resources; and

XI-in the case of Prosecutor of the National Farm, in the the following organs of the Ministry of Finance:

a) Cabinet of the Minister of State;

b) Secretariat-Executive;

c) School of Fazendary Administration; and

d) Council of Contributors.

Single paragraph. Resurrected the provisions of the inciso I of the caput of this article, do not apply the requisite requisite hypotheses in law in cases where the assignment is not authorized by this article.

Art. 8^the Public Defenders of the Union will only be able to be ceded or have exercise outside the respective lottation body at the following hypotheses:

I-requisition by the Presidency or Vice-Presidency of the Republic;

II-cessation for the exercise of office in committee of level CJ-3 or higher in Cabinet of Minister of the Supreme Court or of Superior Court;

III-cessation for the exercise of office in committee of level CC-6 or higher in the Office of the Attorney General of the Republic;

IV-cessation for the exercise of special Nature or posts in committee of level equal to or greater than DAS-4 of the Group-Direction and Advising Superiors, or equivalents, in other Union bodies, in authorities or in federal public foundations;

V-exercise of office in commission or charge in the organs of the Union Public Defensorship;

VI-provisional exercise or provision of temporary collaboration, by the maximum term of 180 (one hundred and eighty) days, in organs of the Union Public Defensoria;

VII-exercise of director or of president of public company or mixed economy society federal;

VIII-exercise of the posts of Secretary of State, of the Federal District, of prefecture of capital or municipality with more than 500,000 (five hundred thousand) inhabitants, of positions in commission of level equivalent or higher than that of DAS-4 within the framework of the States, Federal District and Municipalities and maximum entity leader of the public administration of such federated people;

IX-exercise in the Cabinet of the Minister of State or the Secretariat-Executive Office of the Ministry of Justice.

Art. 9^o The inciso VI of the art caput. 5^o of Law n^o 11,358, of October 19, 2006, goes on to invigorate with the following essay:

?Art.5^o ................................................................................................................. ...............................................................................................................................................

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

Section III

From the Government Management Carrears

Art. 10. From 1^o of July 2008, they go on to be remunerated exclusively by allowance, fixed in single instalment, vehement of the addition of any gratification, additional, allowance, premium, representation amount or other remunerative species, the holders of the following effective pavement posts:

I-Analyst of Finance and Control and Technical Control of Finance and Control, of the Finance and Control Career;

II- Planning and Budget Analyst and Planning and Budget Technician, of the Planning and Budget Carrier;

III-Foreign Trade Analyst of the Foreign Trade Analyst Carrier; and

IV-Specialist in Public Policies and Government Management of the Specialist Career in Public Policies and Government Management.

Art. 11. They are understood in the allowance and are no longer due to the holders of the posts referred to in art. 10 of this Act, as of 1^o of July 2008, the following remunerative species:

I-Maturity Basic;

II-Gratification of Activity Performance of the Management Cycle-GCG, of which it treats the art. 8^o of the Interim Measlation n^o 2.229-43, of September 6, 2001; and

III -Individual Pecuniary Advantage-VPI, of which it treats the Law n^o 10,698, of July 2, 2003.

Single paragraph. Considering the provisions of the art. 10 of this Law, the holders of the posts referred to therein, as per the Carrier to which they belong, do not make jus at the perception of the following remunerative advantages:

I-Gratification of Performance and Productivity-GDP, of which it treats the art. 1^o of the Law n^o 9,625, of April 7, 1998;

II-Gratification of Planning, Budget and Finance and Control, of which it treats art. 7^o of the Law n^o 8,538, of December 21, 1992;

III-Gratification of Performance and Efficiency-GDE, of which it treats art. 10 of the Law n^o 9,620, of April 2, 1998; and

IV-Gratification of Activity- GAE, of which it treats the Delegated Law n^o 13, of August 27, 1992.

Art. 12. In addition to the plots and advantages of which it treats art. 11 of this Act, are not due to the holders of the posts referred to in art. 10 of this Act, as of 1^o of July 2008, the following installments:

I- personal advantages and Nominally Identified Personal Advantages-VPNI, of any origin and nature;

II-individual differences and residues, of any origin and nature;

III-values incorporated into the remuneration arising from the exercise of direction function, managerial or advising or of charge office in commission;

IV-values embedded in remuneration regarding fifths or tenths;

V-values embedded in the remuneration for additional by-time of service;

VI-advantages embedded in the orderings or pensions by force of the arts. 180 and 184 of the Law n^o 1,711, of October 28, 1952, and of the arts. 192 and 193 of the Law n^o 8,112, of December 11, 1990;

VII-allowances;

VIII-values paid for representation title;

IX-additional by the exercise of unhealthy, dangerous or painful activities;

X-additional nightly;

XI-additional by the provision of extraordinary service; and

XII-other gratifications and additional ones, of any origin and nature, that are not explicitly mentioned in the art. 14 of this Law.

Art. 13. The integral servers of the Carreiras of which treats art. 10 of this Law will not be able to cumulatively perceive with the allowance any values or perks incorporated into remuneration by administrative decision, judicial or administrative extension of judicial decision, of a general or individual nature, yet stemming from judicial sentence carried forward on trial.

Art. 14. The allowance of the members of the Carreiras of which it treats art. 10 of this Act does not exclude the right to perception, pursuant to the specific legislation and regulation, of:

I-gratification natalina;

II-additional vacations;

III-permanence allowance of which they treat § 19 of the art. 40 of the Federal Constitution, the § 5^o of the art. 2^o and the § 1^o of the art. 3^o of the Constitutional Amendment n^o 41, of December 19, 2003;

IV- retribution for the exercise of direction function, managerial and advising; and

V-plots indenizatoria provided for in law.

Art. 15. The application of the provisions contained in the arts. 10 a 14 of this Law to active servers, inactives and pensioners will not be able to imply reduction of remuneration, orderings and pensions.

§ 1^o In the hypothesis of reduction of remuneration, of provenance or pension, in elapsed from the application of the provisions of this Act, possible difference shall be paid for the title of supplementary repayment of allowance, of a provisional nature, which will be gradatively absorbed on the occasion of development in office or in the Carrier by progression or promotion, ordinary or extraordinary, of the reorganization or restructuring of the posts and of the Carreiras or of the remunerations, of which it treats art. 10 of this Law, of the granting of readjustment or advantage of any nature, as well as of the implantation of the values set out in Annex IV of this Act.

§ 2^o The supplementary share of allowance referred to in § 1^o of this article will be subject exclusively to the update arising out of general review of the remuneration of federal public servants.

Art. 16. It applies to retirements granted to the member servers of the Carreiras of which it treats art. 10 of this Act and the pensions, resonated retirements and pensions regulated by the arts. 1^o and 2^o of the Law n^o 10,887, of June 18, 2004, in what couber, the provisions of the arts. 10 a to 15 of this Act in relation to the servers that are in activity.

Art. 17. To the holders of the member positions of the Carreiras that it treats art. 10 of this Act applies to the exclusive dedication regime, with the impediment of the exercise of other paid, public or private activity, potentially causing conflict of interest, to ressalvage the exercise of the magistery, and there is compatibility of times.

Single paragraph. In the exclusive dedication regime, it will allow for sporadic collaboration in matters of its specialty, duly authorized by the Minister of State for Planning, Budget and Management, by the Minister of State for Finance, by the Minister of State of Control and Transparency or by the Minister of State for Development, Industry and Foreign Trade, as the case may be, for each specific situation, observed the terms of the regulation, and the participation in boards of directors and tax of public companies and mixed-economy companies, their subsidiaries and controlled, as well as any companies in which the Union, directly or indirectly, detains participation in the social capital.

Art. 18. The members of the Carreiras referred to in art. 10 of this Law will only be able to be yielded or have exercise outside the respective lottation body in the situations set out in the art. 1^o of the Law n^o 9,625, of April 7, 1998, and, still, in the following:

I-requisitions foreseen in law for Union organs and entities;

II-occupants of the effective posts of the Foreign Trade Analyst's Carrier:

a) yielded for the exercise of positions in commission in the following bodies:

1. Ministry of Tourism;

2. Ministry of Agriculture, Livestock and Supply;

3. Ministry of Finance; and

4. Ministry of Planning, Budget and Management;

b) interim exercise or provision of temporary collaboration, for the realization of other activities deemed strategic of Government related to foreign trade, expressly defined, upon the act of the Minister of State for Development, Industry and Foreign Trade;

III-occupants of the effective posts of the Specialist Carrier in Public Policies and Government Management, regardless of assignment or requisition, upon authorization of the Minister of State for Planning, Budget and Management, in the bodies and entities of the direct, municipal and provincial public administration;

IV-cessation for the exercise of Special Nature or positions in committee of equal level or greater than DAS-4 of the Group-Direction and Advising Superiors, or equivalents, in other Union bodies, in authorities or in federal public foundations;

V-disposals for the exercise of the posts of Secretary of State, of the Federal District, of capital prefecture or municipality with more than 500,000 (five hundred thousand) inhabitants, of positions in committee of level equivalent or higher than that of DAS-4 within the framework of the states, Federal District and Municipalities, and of maximum entity leader of the public administration of these federated entities; and

VI-exercise of the post of director or of president of public company or federal mixed economy society.

Section IV

From the Carreiras of the Central Bank of Brazil

Art. 19. Annex II to Law n^o 9,650 of May 27, 1998, passes the invigoration pursuant to Annex V of this Act, producing financial effects from the date specified therein.

Art. 20. The Law n^o 9,650, of May 27, 1998, passes on increased invigoration of the following devices:

?Art. 9^o-A. From 1^o of July 2008, they go on to be remunerated exclusively by allowance, fixed in single instalment, vehement of the addition of any gratification, additional, allowance, premium, representation amount or other remunerative species, the holders of the following effective proofing positions of the Central Bank of Brazil Specialist Carrier:

I-Analyst of the Central Bank of Brazil; and

II-Technical of the Central Bank of Brazil.

Single paragraph. The values of the allowance of the holders of the posts referred to in the caput of this article are those set out in Annex II-A, with financial effects from the dates specified therein.?

?Art. 9^o-B. They are understood in the allowance and are no longer due to the holders of the posts referred to in art. 9^o-The one of this Act, from 1^o of July 2008, the following remunerative species:

Basic maturity;

II-Gratification of Qualification-GQ, of which treats the art. 10 of this Act;

III-Gratification of Activity of the Central Bank-GABC, of which it treats art. 11 of this Act; and

IV-Advantage Pecuniary Individual-VPI, of which it treats the Law n^o 10,698, of July 2, 2003.

Single paragraph. Considering the provisions of the art. 9^o-This Act, the holders of the posts referred to therein do not make jus at the perception of the advantages of which it treats the Delegated Law n^o 13, of August 27, 1992.?

?Art. 9^o-C. In addition to the plots and advantages of which it treats art. 9^o-B, are not due to the holders of the posts referred to in art. 9^o-The one of this Act, from 1^o of July 2008, the following plots:

I-personal advantages and Nominally Identified Personal Advantages-VPNI, of any origin and nature;

II-individual differences and residues, de any origin and nature;

III- values emboded to remuneration arising from the exercise of direction function, managerial or advising or of charge of provement in commission;

IV-values embedded in the remuneration regarding fifths or tenths;

V-values embedded in the remuneration to be additional by service time;

VII-allowances;

VIII-values paid for representation title;

IX-additional by the exercise of unhealthy, dangerous or penile activities;

X-additional nightly;

XI-additional by the provision of extraordinary service; and

XII-other gratuities and additional, of any origin and nature, which are not explicitly mentioned in the art. 9^o-E of this Law.?

?Art. 9^o-D. The integral servers of the Carrier that treats the art. 9^o-This Law will not be able to cumulatively perceive with the allowance any values or advantages emboded to remuneration by administrative decision, judicial or administrative extension of judicial decision, of a general nature or individual, even if arising from judicial sentence carried forward on trial.?

?Art. 9^o-E. The allowance of the members of the Carrier who treats art. 9^o-This Law does not rule out the right to perception, under the specific legislation and regulation, of:

I-gratification natalina;

II-additional vacations;

IV-retribution for the exercise of direction function, bosses and advising; and

V-indenizatory plots provided for in law.?

?Art. 9^o-F. The application of the provisions contained in the arts. 9^o-A to 9^o-E of this Law to active servers, inactives and pensioners will not be able to imply reduction of pay, of proceeds and pensions.

§ 1^o In the hypothesis of reduction of remuneration, from provenance or pension, due to the application of the provisions of this Act, possible difference shall be paid for the title of supplementary repayment of allowance, of a provisional nature, which will be gradatively absorbed on the occasion of the development in office or in the Carrier by progression or promotion, ordinary or extraordinary, of the reorganisation or restructuring of the posts and of the Carrier or of the remunerations, of which it treats art. 9^o-To this Law, of the granting of readjustment or advantage of any nature, as well as of the implantation of the values set out in Annex II-A of this Act.

?Art. 9^o-G. It applies to retirements granted to the Carrier's integral servers of which it treats art. 9^o-This Law and pensions, resonated retirements and pensions regulated by the arts. 1^o and 2^o of the Law n^o 10,887, of June 18, 2004, in what couber, the provisions of the arts. 9^o-A to 9^o-F in relation to the servers that are in activity.?

Art. 21. The single paragraph of the art. 11 of the Law n^o 9,650, of May 27, 1998, passes the vigour with the following essay:

?Art. 11. ................................................................................................................

Paragraph single. From 1^o from March 2008 and until June 30, 2008, the gratification of which treats the caput of this article will be paid to the servers that it makes jus in value corresponding to 75% (seventy and five percent) incidents over the largest basic salary of the respective post.? (NR)

Art. 22. To the holders of the members of the Specialist Career of the Central Bank of Brazil apply the exclusive dedication scheme, with the impediment of the exercise of other paid, public or private activity, potentially causative of conflict of interest, resourced the exercise of the magister, there was time compatibility.

Single paragraph. In the exclusive dedication regime, it will allow sporadic collaboration in matters of its specialty, duly authorized by the President of the Central Bank of Brazil, for each specific situation, observed the terms of the regulation, and the participation in boards of directors and tax boards of the public companies and mixed-economy companies, their subsidiaries and controlled, as well as any companies in which the Union, directly or indirectly, detains participation in the social capital.

Art. 23. The members of the Central Bank of Brazil Specialist Carrier will only be able to be yielded or have exercise outside the Central Bank of Brazil and its units in the following situations:

I-requisitions provided in law for Union organs and entities;

III-assignment for the exercise of positions in committee in the following organs of the Ministry of Finance:

a) Cabinet of the Minister of State;

b) Secretariat-Executive;

c) Secretariat of Economic Policy;

d) Registry of Economic Monitoring;

e) Secretaria of International Affairs;

f) Secretaria of the National Treasury;

g) Secretaria Extraordinary of Economic and Fiscal Reforms;

h) Board of National Financial System Resources; and

i) Financial Activity Control Board-COAF;

IV-exercise of the post of director or of president of public company or federal mixed economy society; and

V-disposals for the exercise of the posts of Secretary of State, Federal District, capital prefecture, or municipality with more than 500,000 (five hundred thousand) inhabitants, of positions in commission of level equivalent or above that of DAS-4 within the framework of the States, the Federal District and the Municipalities, and the maximum entity of the public administration of those federated entes.

Art. 24. Law n^o 9,650 of May 27, 1998, passes the increased invigoration of Annex II-A in the form of Annex VI to this Act.

Setion V

From the Diplomat Carrier

Art. 25. The holders of the effective proofing positions of the Diplomat Carrier, which integrates the Brazilian Foreign Service pursuant to art. 2^o of the Law n^o 11,440 of December 29, 2006, pass to be remunerated exclusively by allowance, fixed in single instalment, vetoed the addition of any gratuity, additional, allowance, prize, amount of representation or other remunerative species.

Single paragraph. The values of the allowance of the holders of the posts referred to in the caput of this article shall be those set out in Annex VII of this Act, with financial effects from the dates specified therein.

Art. 26. They are understood in the allowance and are no longer due to the holders of the posts referred to in art. 25 of this Act, as of 1^o of July 2008, the following remunerative species:

I-Maturity Basic;

II-Gratification of Diplomatic Activity Performance-GDAD, of which it treats the art. 3^o of Law n^o 10,479, of June 28, 2002; and

III-Advantage Pecuniary Individual-VPI, of which it treats the Law n^o 10,698, of July 2, 2003.

Single paragraph. Considering the provisions of the art. 25 of this Law, the holders of the posts referred to therein do not make jus at the perception of the following remunerative advantages:

I-Gratification of Professional Habilitation and Access, from which they treat the inciso V of the art caput. 3^o of the Decree-Law n^o 2,405, of December 29, 1987, and the inciso IV of § 5^o of the art. 2^o of Law n^o 7,923, of December 12, 1989; and

II-Gratification of Activity-GAE, of which it treats the Delegated Law n^o 13, of August 27, 1992.

Art. 27. In addition to the plots and advantages of which it treats art. 26 of this Act, are not due to the holders of the posts referred to in art. 25 of this Act, as of 1^o of July 2008, the following installments:

I- personal advantages and Nominally Identified Personal Advantages-VPNI, of any origin and nature;

II-individual differences and residues, of any origin and nature;

III-values incorporated into the remuneration arising from the exercise of direction function, managerial or advising or of charge office in commission;

IV-values embedded in remuneration regarding fifths or tenths;

V-values embedded in the remuneration for additional by-time of service;

VI-advantages embedded in the orderings or pensions by force of the arts. 180 and 184 of the Law n^o 1,711, of October 28, 1952, and of the arts. 192 and 193 of the Act n^o 8,112, of December 11, 1990;

VII-allowances;

VIII-values paid for the title of representation;

IX-additional by the exercise of unhealthy, dangerous or penous activities;

X-additional nightly;

XI-additional by the provision of extraordinary service; and

XII-other gratifications and additional, of any origin and nature, which are not explicitly mentioned in the art. 29 of this Law.

Art. 28. The integral servers of the Carrier that treats the art. 25 of this Law will not be able to cumulatively perceive with the allowance any values or perks incorporated into remuneration by administrative decision, judicial or administrative extension of judicial decision, of a general or individual nature, yet stemming from judicial sentence carried forward on trial.

Art. 29. The allowance of the members of the Carrier who treats art. 25 of this Act does not exclude the right to perception, pursuant to the specific legislation and regulation, of:

I-gratification natalina;

II-additional vacations;

IV- retribution for the exercise of direction function, managerial and advising; and

V-plots indenizatoria provided for in law.

Art. 30. It applies to retirements granted to the member servers of the Carrier referred to in art. 25 of this Act and the pensions, resonated retirements and pensions regulated by the arts. 1^o and 2^o of the Law n^o 10,887, of June 18, 2004, in what couber, the provisions of this Act in relation to the servers that are in activity.

Art. 31. The holders of the members of the Diploma Carrier positions the exclusive dedication scheme, with the impediment of the exercise of other paid, public or private activity, potentially causing conflict of interest, resurred the exercise of the magister, there is time compatibility.

Single paragraph. In the exclusive dedication regime, it will allow sporadic collaboration in matters of its specialty, duly authorized by the Minister of State for Foreign Affairs, for each specific situation, observed the terms of the regulation, and participation in boards of directors and tax boards of public companies and mixed-economy companies, their subsidiaries and controlled, as well as any companies in which the Union, directly or indirectly, detains participation in the social capital.

Art. 32. The members of the Diplomat Carrier will only be able to be yielded or have exercise outside the respective lottation body in the following situations:

I-requisition provided for in law for Union organs and entities;

II-disposals for the exercise of Special Nature or positions in committee of level equal to or greater than DAS-4 of the Group-Direction and Advising Superiors, or equivalents, in other bodies of the Union, in authorities or in federal public foundations;

III-exercise of the post of director or president of public company or federal mixed economy company;

IV-disposals for the exercise of the posts of Secretary of State, of the Federal District, of capital prefecture or municipality with more than 500,000 (five hundred thousand) inhabitants, of positions in committee of level equivalent or higher than that of DAS-4 within the framework of the States, Federal District and Municipalities, and of maximum entity leader of the public administration of these federated entities; and

V-assignment for the exercise of positions in committee in International Affairs Secretaries and equivalent bodies of the direct administration of the Executive Power.

Art. 33. The application of the provisions contained in the arts. 25 a 28 of this Law to active servers, inactives and pensioners will not be able to imply reduction of remuneration, orderings and pensions.

§ 1^o In the hypothesis of reduction of remuneration, of provenance or pension, in elapsed from the application of the provisions of this Act, possible difference shall be paid for the title of supplementary repayment of allowance, of a provisional nature, which will be gradatively absorbed on the occasion of development in office or in the Carrier by progression or promotion, ordinary or extraordinary, of the reorganization or restructuring of the posts and of the Carreiras or of the remunerations, of which it treats this Section, of the granting of readjustment or advantage of any nature, as well as of the implantation of the values constants of Annex VII of this Law.

Setion VI

From the Plan of Carreiras and Cargos from the Superintendency of Private Insurance-SUSEP

Art. 34. It is structured the Plan of Carries and Cargos from the Superintendency of Private Insurance-SUSEP, covering the holders of effective pavement positions of the Susep Personnel Board, of which they treat art. 38 of the Decree-Law n^o 73, of November 21, 1966, and the Law n^o 9,015, of March 30, 1995, composed of the following Carreiras and posts:

I-top level, Susep Technical Analyst Carrier, composed by Susep's Technical Analyst posts; and

Inter-level intermediate level, intermediate level effective provement positions of the Susep Personnel Board.

Single paragraph. The posts referred to in the incisies I and II of the caput of this article are of effective proofing and governed by the Law n^o 8,112 of December 11, 1990.

Art. 35. The top and intermediate level posts of the Susep Carrying and Cargos Plan are grouped into classes and standards as set out in Annex VIII of this Law.

§ 1^o The current busy positions whose holders have observed the willing in the § 3^o of the art. 52 of this Act, as well as the vacant posts and the rest, as they wander, of Susep's Technical Analyst from the Susep Personnel board go on to integrate the Carrier that treats the inciso I of the art caput. 34 of this Law.

§ 2^o The provisions of § 1^o of this article do not represent, for any legal effect, including for retirement effect, discontinuity in relation to the post and assignments developed by its holders.

§ 3^o The intermediate level posts of the Susep Personnel Board, of which treats the inciso II of the art caput. 34 of this Act, vacant on August 29, 2008 and those who come to wander, are transformed into posts of Executive Agent of Susep.

Art. 36. The Career and Charge Plan posts and Cargos of Susep are intended for the exercise of their respective assignments at different levels of complexity and responsibility, as well as the exercise of activities of a technical, administrative and technical nature management concerning the regulation, supervision, surveillance and incentive of insurance activities, open supplementary welfare, capitalization and reinsurance.

Art. 37. It is 40 (forty) weekly hours the hourly workload of the holders of the member positions of the Carrying Plan and Cargos da Susep, resurrected the amped hypotheses in specific legislation.

Art. 38. It is incumbent upon the holders of Susep Technical Analyst positions to develop activities connected with the economic, financial and accounting control of the supervised entities; surveillance, control and guidance to supervised entities; implementation of activities related to special schemes; achievement of actuarial studies and technical standards in the scope of operations carried out by supervised entities; analysis of product authorisation; deployment, administration and management of computerized systems; provision of technical and operational support to the users; execution of other activities compatible with the level of complexity of the tasks of the office and the exercise of the assignments provided for in laws and specific regulations, in particular the provisions of the art. 1^o of Law n^o 9,015, of March 30, 1995.

Art. 39. Without prejudice to the current assignments, it is the general assignment of the intermediary level positions of the Susep Personnel Board to offer specialized support to the activities arising from the assignments set out in the art. 38 of this Law.

Art. 40. They are requirements for admission to the starting class of the posts of which they treat the incisos I and II of the art caput. 34 of this Act:

I-approval in a public tender of evidence or evidence and securities;

II-diploma of completion of higher education at the undergraduate level, in courses recognized by the Ministry of Education and, if it is the case, specific legal habilitation, as defined in the contest's edict, for the top level posts; and

III-certificate of completion of high school or equivalent and specific legal habilitation, if any, provided by officially authorized educational institution, as defined in the contest's edital, for intermediate level posts.

§ 1^o The public contest referred to in the inciso I of the caput of this article could be arranged in one or more stages, including training course when relevant judged, as the edital of opening the certame and observed the relevant legislation.

§ 2^o The public contest referred to in § 1^o of this article may be carried out by areas of expertise referring to the candidate's training area, as the certame opening edital is available.

Art. 41. The development of the server in the Carreiras and posts that integrate Susep's Carrying and Cars Plan will occur upon functional progression and promotion.

§ 1^o For the purposes of the willing in the caput of this article, progression is the passage of the server to the immediately higher maturity pattern within a same class, and promotion, the server pass from the last standard of a class to the first standard of the immediately upper class.

§ 2^the Act of the Executive Power regulates the criteria for granting functional progression and promotion of which treats the caput of this article.

Art. 42. The development of the server in the Carreiras and posts that integrate Susep's Carrying and Cargos Plan will comply with the following rules:

I-interstrosy minimum of 12 (twelve) months between each progression;

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

III-competence and professional qualification.

§ 1^o The interstice for the purposes of functional progression will be:

I-computed in days, discounted the departments that are not legally considered to be effective exercise; and

II-suspended in cases where the server moves away without pay, being resumed the puke from the return to the activity.

§ 2^o While they are not regulated the progressions and promotions of the member officeholders of the Plan of Carries and Cargos of Susep, they will be granted observing the prevailing standards on August 28, 2008.

§ 3^o In the counting of the interstice required for promotion and progression, it will be taken advantage of the time computed until August 28, 2008.

Art. 43. They are minimum prerequisites for promotion to the classes of the top level posts of the Carrying Plan and Susep Cargos:

I-for Class B, possess certification in capacity-building events, totalling at least 160 (one hundred and sixty) hours, and professional qualification with minimal experience of 5 (five) years, both in the specific field of acting of the post;

II-for Class C, have certification in capacity-building events, totaling, at minimum, 240 (two hundred and forty) hours, and professional qualification with minimum experience of 8 (eight) years, both in the specific field of performance of the job; and

III-for the Special Class, be certificate holder of specialization course completion or training specific equivalent to, at a minimum, 360 (three hundred and sixty) hours, and professional qualification with minimum experience of 11 (eleven) years, both in the specific field of acting of the post.

Art. 44. They are minimum prerequisites for promotion to the classes of the intermediate level positions of the Carrying Plan and Susep Cargos:

I-for Class B, possess certification in capacity-building events, totaling at least 120 (one hundred and twenty) hours, or diploma of completion of higher course and qualification professional with minimum experience of 5 (five) years, both in the specific field of acting of each job title;

II-for Class C, possess certification in capacitive events, totaling, at minimum, 200 (two hundred) hours, or diploma of completion of higher course and qualification professional with minimum experience of (eight) years, both in the specific field of acting of each post; and

III-for the Special Class, possess certification in capacity-building events, totaling at least 280 (two hundred and eighty) hours, or higher course completion diploma and professional qualification with minimum experience of 11 (eleven) years, both in the specific field of acting of each post.

Art. 45. It is up to Susep to implement permanent program of capacity-building, training and development, aimed at ensuring the professionalization of the holders of the integral positions of their Plan of Carries and Cargos.

Single paragraph. For promotion purposes, each capacity-building event can be computed a single time.

Art. 46. The holders of the member positions of the Carrier referred to in the inciso I of the art caput. 34 of this Act shall become remunerated exclusively by allowance, fixed in single instalment, vehement of the addition of any gratuity, additional allowance, allowance, prize money, or other remunerative species.

Single paragraph. The values of the allowance of the holders of the posts referred to in the caput of this article shall be those set out in Annex IX of this Act, with financial effects from the dates specified therein.

Art. 47. They are understood in the allowance and are no longer due to the holders of the posts to which the inciso I of the art caput is concerned. 34 of this Act, as of 1^o of July 2008, the following remunerative species:

I-Maturity Basic;

II-Gratification Performance of Private Insurance Audit Activity-GDSUSEP, of which it treats the art. 13 of the Provisional Measure n^o 2.229-43, of September 6, 2001; and

III-Advantage Pecuniary Individual-VPI, of which it treats the Law n^o 10,698, of July 2, 2003.

Single paragraph. Considering the provisions of the art. 46 of this Law, the holders of the posts referred to therein do not make jus at the perception of the following remunerative advantages:

I-Variable Consideration of the Superintendency of Private Insurance, of which it treats the Law n^o 9,015, of March 30, 1995; and

II-Gratification of Activity-GAE, of which it treats the Delegated Law n^o 13, of August 27, 1992.

Art. 48. In addition to the plots and advantages of which it treats art. 47 of this Act, they are not due to the holders of the posts referred to in the inciso I of the art caput. 34 of this Act, as of 1^o of July 2008, the following installments:

I- personal advantages and Nominally Identified Personal Advantages-VPNI, of any origin and nature;

II-individual differences and residues, of any origin and nature;

III-values incorporated into the remuneration arising from the exercise of direction function, managerial or advising or of charge office in commission;

IV-values embedded in remuneration regarding fifths or tenths;

V-values embedded in the remuneration for additional by-time of service;

VII-allowances;

VIII-values paid for the title of representation;

IX-additional by the exercise of unhealthy, dangerous or penous activities;

X-additional nightly;

XI-additional by the provision of extraordinary service; and

XII-other gratifications and additional, of any origin and nature, which are not explicitly mentioned in the art. 50 of this Law.

Art. 49. The integral servers of the Carrier that it treats the inciso I of the art caput. 34 of this Law will not be able to cumulatively perceive with the allowance any values or perks incorporated into remuneration by administrative decision, judicial or administrative extension of judicial decision, of a general or individual nature, yet stemming from judicial sentence carried forward on trial.

Art. 50. The allowance of the members of the Carreiras of which treats the inciso I of the art caput. 34 of this Act does not exclude the right to perception, pursuant to the specific legislation and regulation, of:

I-gratification natalina;

II-additional vacations;

IV- retribution for the exercise of direction function, managerial and advising; and

V-plots indenizatoria provided for in law.

Art. 51. The remunerative structure of holders of the intermediate level positions to which the inciso II of the art caput is concerned. 34 of this Law and of the top level positions integral to the supplementary framework referred to in § 5^o of the art. 52 of this Act, as of 1^o of July 2008, will have the following composition:

I- Basic Maturity; and

II-Performance Gratification of Support Activities in Susep- GDASUSEP.

§ 1^o The basic maturity patterns of the posts referred to in the caput of this article are the constants of Annex X of this Law, with financial effects from the dates specified therein.

§ 2^o The holders of the posts referred to in the caput of this article will not jus, from 1^o of July 2008, to the perception of the following gratuities and advantages:

I-Gratification Performance of Private Insurance Audit Activity-GDSUSEP, of which it treats art. 13 of the Provisional Measure n^o 2.229-43, of September 6, of 2001; and

II- Individual Pecuniary Advantage-VPI, of which it treats the Law n^o 10,698, of July 2, 2003.

Art. 52. The servers holding the posts of top and intermediate levels of the Susep Personnel Board will be framed in the posts of the Susep Cargo Plan and Cargos according to their respective assignments, the training requirements professional and the relative position in the remunerative Table, pursuant to Annex XI of this Act.

§ 1^o It is vetted the change of the level of the job occupied by the server in elapsed from the willing in the caput of this article.

§ 2^o The positioning of retirees and pensioners in the Tables remunerations listed in Annexes IX and X of this Act will be referenced to the situation in which the server was at the date of retirement or where the pension originated, respected changes concerning positionings arising from legislation specific.

§ 3^o Will be framed, in the Carrier of which it treats the inciso I of the art caput. 34 of this Act, the posts that have holders whose investiture there are observed the relevant constitutional and ordinary standards prior to October 5, 1988 and, if subsequent to that date, has elapsed of approval in a public tender.

§ 4^o À Susep It is incumbent to check, on a case-by-case basis, the regularity of the application of the provisions of § 3^o of this article, as to the effective frameworks.

§ 5^o The top level occupied effective posts of the Personnel Board of the Susep that, as a result of the provisions of Paragraph 3^o of this article, could not be transposed to the Carrier that it treats the inciso I of the art caput. 34 of this Law will behave like supplementary framework in extinction.

§ 6^o The supplementary framework referred to in § 5^o of this article includes in the Plan of Carries and Cargos from Susep.

Art. 53. The application of the provisions of this Act to active servers, inactives and pensioners will not be able to imply reduction of remuneration, orderings and pensions.

§ 1^o In the hypothesis of reduction of remuneration, of provenance or pension, in elapsed from the application of the provisions of the arts. 46 and 51 of this Law, eventual difference will be paid:

I-to the integral servers of the Career of which treats the inciso I of the art caput. 34 of this Act, the title of supplementary repayment of allowance, of a provisional nature, which will be gradually absorbed on the occasion of development in office or in the Carrier by ordinary or extraordinary progression or promotion, of the reorganisation or of the restructuring of the posts and Carreiras or of the remuneration provided for in this Act, of the granting of readjustment or advantage of any nature, as well as of the implantation of the values set out in Annex IX of this Act; and

II-to the servers of which treats the inciso II of the art caput. 34 of this Law and to the members of the supplementary framework referred to in § 5^o of the art. 52 of this Act, the title of nominally identified personal advantage, of a provisional nature, which will be gradatively absorbed on the occasion of development in office by ordinary or extraordinary progression or promotion, of the reorganisation or of the restructuring of the posts or remunerations provided for in this Act, of the granting of readjustment or advantage of any nature, as well as of the implantation of the values set out in Annex X of this Act.

§ 2^o The supplementary share of subsidy and the nominally personal advantage identified referred to in the incisions I and II of § 1^o of this article will be subject exclusively to the update arising out of general review of the remuneration of federal public servants.

Art. 54. It applies to retirements granted to the member servers of the Cargo Plan and Cargos da Susep that it treats art. 34 of this Act and the pensions, resonated retirements and pensions regulated by the arts. 1^o and 2^o of the Law n^o 10,887, of June 18, 2004, in what couber, the provisions of this Act in relation to the servers that are in activity.

Art. 55. Stays instituted, as of 1^o July 2008, the Susep-GDASUSEP Specific Activity Performance Gratification, due exclusively to the intermediate level servers of the Susep Personnel Framework, of which it treats inciso II of the art caput. 34 of this Act and to the holders of positions of the supplementary framework referred to in Paragraph 5^o of the art. 52 of this Law, when in exercise of activities at Susep.

Art. 56. GDASUSEP will be assigned depending on the reach of individual server performance and institutional performance of Susep's institutional performance.

§ 1^o The individual performance evaluation aims to affer the performance of the server in the exercise of the tasks of the office or role, with a focus on individual contribution to the scope of organizational goals.

§ 2^o Institutional performance evaluation aims to affer the performance collective in the range of organizational goals.

§ 3^o GDASUSEP will be paid with observance of the following limits:

I-max, 100 (hundred) points per server; and

II-minimum, 30 (thirty) points per server, corresponding to each point to the value set out in Annex XII of this Act.

§ 4^o Considering the provisions of § § 1^o and 2^o of this article, the score referring to GDASUSEP will have the following distribution:

I-up to 20 (twenty) percentage points of its maximum limit will be assigned depending on the results obtained in the individual performance evaluation; and

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

§ 5^o The values to be paid for the title of GDASUSEP will be calculated by multiplying the summation of the points earned in individual and institutional performance evaluations by the value of the point constant of Annex XII of this Act, observed the class and the pattern in which the server is positioned.

§ 6^the Ato of the Executive Power will have the general criteria to be observed for the realization of the individual and institutional performance evaluations of GDASUSEP.

§ 7^o The specific criteria and procedures of performance evaluation individual and institutional and attribution of the GDASUSEP will be established in act of the President of Susep, the current legislation observes.

§ 8^o The targets regarding the evaluation of institutional performance will be fixed annually in the act of the Minister of State for Finance, observed the current legislation.

Art. 57. Until the act referred to in Paragraph 6^o of the art is hereby imposed. 56 of this Law and processed the results of the first individual and institutional evaluation, all the servers that make jus à GDASUSEP should perceive it in value corresponding to the last percent received the title of Performance Gratification Private Insurance Audit Activity-GDSUSEP, converted to points that will be multiplied by the constant value of Annex XII of this Act, as disposed of in § 5^o of the art. 56 of this Law.

§ 1^o The result of the first evaluation generates financial effects from the date of publication of the act referred to in § 6^o of the art. 56 of this Act, there should be compensated possible differences paid to the greater or the minor.

§ 2^o The willing in the caput of this article and in its § 1^o applies to the occupiers of commissioned positions that make jus à GDASUSEP.

Art. 58. GDASUSEP will not serve as a basis of calculation for any other benefits or perks.

Art. 59. The effective post holder of which treats the inciso II of the art caput. 34 of this Act and the senior level office holder of the supplementary table referred to in § 5^o of the art. 52 of this Act, in exercise at Susep, when invested in office in commission or trust function will make jus à GDASUSEP as follows:

I-the investees in confidence function or positions in committee of the Group-Direction and Advising Superiors-DAS, levels 3, 2, 1, or equivalents, will notice the respective performance gratification calculated as arranged in § 5^o of the art. 56 of this Act; and

II-those invested in positions in committee of the Group-Direction and Advising Superiors-DAS, levels 6, 5, 4, or equivalent, will realize the respective performance gratification calculated on the basis of the maximum value of the individual plot, summed up to the result of the institutional evaluation of the period.

Art. 60. The effective post holder of which treats the inciso II of the art caput. 34 of this Act and the senior level office holder of the supplementary table referred to in § 5^o of the art. 52 of this Law, when it does not find itself in exercise at Susep, will only make jus à GDASUSEP in the following situations:

I-requisitions provided in law for Union organs and entities;

II-cessation for the Ministry of Finance or for entities to it linked, situation in which they will perceive the respective performance gratification calculated on the basis of the rules applicable as if they were in effective exercise at Susep;

III-cessation for the exercise of rank of Special Nature or positions in committee of level equal to or greater than DAS-4 of the Group-Direction and Advising Superiors, or equivalents, in other Union bodies, in authorities or in federal public foundations;

IV-exercise of the post of director or president of public company or federal mixed economy society; and

V-disposals for the exercise of the posts of Secretary of State, of the Federal District, of prefecture of capital or municipality with more than 500,000 (five hundred thousand) inhabitants, of positions in commission of level equivalent or above that of DAS-4 within the framework of the States, Federal District and Municipalities, and of maximum entity leader of the public administration of these federated people.

§ 1^o In the situations referred to in the incisos I and II of the caput of this article, the server will perceive GDASUSEP calculated based on the applicable rules as if it were in effective exercise at Susep.

§ 2^o In the situations referred to in the incisos III, IV and V of the caput of this article, the server will perceive GDASUSEP calculated based on the result of the institutional evaluation of the period.

§ 3^o The institutional assessment referred to in this article will be that of Susep.

Art. 61. The GDASUSEP beneficiary active server that obtains in the individual performance evaluation score of less than 50% (fifty percent) of the maximum value of that parcel will be immediately subjected to the capacity-building or analysis process of the functional suitability, as the case, under the responsibility of Susep.

Single paragraph. Functional suitability analysis aims to identify the causes of the results obtained in the evaluation of performance and to serve as a subsidy for the adoption of measures that may propitiate the improvement of server performance.

Art. 62. Occurring exoneration of the post in commission with maintenance of the effective post, the server that makes jus a GDASUSEP will continue to perceive it in value corresponding to that of the last score awarded to it, in the condition of occupier of charge in committee, until it is processed at its first assessment after exoneration.

Art. 63. In the event of departments and licences deemed to be of effective exercise, without prejudice to the remuneration and entitled to the perception of performance gratification, the server will continue to perceive GDASUSEP in value corresponding to that of the last score obtained, until it is processed to its first evaluation after the return.

§ 1^o The willing in the caput of this article does not apply to the cases of cession.

§ 2^o Until it is processed your first performance evaluation that comes the suriting financial effect, the server that has returned unpaid leave or assignment or other unright removal to the perception of GDASUSEP, in the course of the evaluation cycle, will receive the gratification in the corresponding value at 80 (eighty) points.

Art. 64. For the purposes of incorporating GDASUSEP to the retirement orants or the pensions, the following criteria will be adopted:

I-for the retirements granted and pensions instituted until February 19, 2004, the gratification will be corresponding to 50% (fifty percent) of the maximum value of the respective level, class and standard; and

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

a) when to the server that gave rise to the retirement or pension if you apply the willing in the arts. 3^o and 6^o of the Constitutional Amendment n^o 41, of December 19, 2003, and in the art. 3^o of the Constitutional Amendment n^o 47, of July 5, 2005, shall apply the constant percent of the inciso I of the caput of this article; and

b) to the remaining cases will apply, for the purposes of calculating pensions and pensions, the provisions of Law n^o 10,887, of June 18, 2004.

Art. 65. To the holders of the member positions of the Susep Technical Analyst Carrier apply the exclusive dedication scheme, with hindrance to the exercise of other paid, public or private, potentially causative activity of interests, resourced the exercise of the magister, there was time compatibility.

Single paragraph. In the exclusive dedication regime, it will allow sporadic collaboration in matters of its specialty, duly authorized by the President of Susep, for each specific situation, observed the terms of the regulation, and participation in boards and tax boards of the public companies and mixed-economy companies, their subsidiaries and controlled, as well as any companies in which the Union, directly or indirectly, detains participation in the social capital.

Art. 66. The members of Susep's Technical Analyst Carrier will only be able to be yielded or have exercise outside the respective lottation body in the following situations:

I-requisitions provided in law for Union organs and entities;

II-disposals for the Special Nature post office exercise or positions in committee of level equal to or greater than DAS-4 of the Group-Direction and Advising Superiors, or equivalents, in other bodies of the Union, in authorities or in federal public foundations;

III-exercise of the post of director or president of public company or federal mixed economy society;

IV-disposals for the exercise of the posts of Secretary of State, Federal District, capital prefecture or municipality with more than 500,000 (five hundred thousand) inhabitants, of positions in committee of level equivalent or higher than that of DAS-4 within the framework of the States, Federal District and Municipalities, and of maximum entity leader of the public administration of these federated entities; and

V-assignment for the exercise of positions in committee in the following bodies of the Ministry of Finance:

a) Cabinet of the Minister of State; and

b)-Executive Secretariat.

Setion VII

From the Plan of Carrying and Cargos of the Securities Commission-CVM

Art. 67. It is structured the Plan of Carries and Cargos of the Securities Commission-CVM, covering the holders of effective pavement positions of the CVM Personnel Board, of which it treats art. 3^o of the Law n^o 6,385, of December 7, 1976, and the Law n^o 9,015, of March 30, 1995, composed of the following Carreiras and posts:

I-of top level:

a) CVM Analyst Career, composed of the posts of CVM Analyst; and

b) CVM Inspector Carrier, made up of the posts of CVM Inspector;

II-intermediate level, CVM Executive Agent posts, and General Services Auxiliary of the CVM Staff Framework.

Single paragraph. The posts referred to in the incisies I and II of the caput of this article are of effective proofing and governed by the Law n^o 8,112 of December 11, 1990.

Art. 68. The top and intermediate level posts of the CVM Cargo Plan and Cargos are grouped into classes and standards, as set out in Annex XIII of this Act.

§ 1^o The current busy positions whose holders have observed the willing § 3^o of the art. 87 of this Act, as well as the vacant posts and the rest as they wander, of CVM Analyst and of Inspector of the CVM go on to integrate the Carreiras of which they treat, respectively, the points to and b of the inciso I of the art caput. 67 of this Law.

§ 3^o The posts of Auxiliary of General Services vacant on August 29, 2008 and those who come to wander are turned into Executive Agent posts.

Art. 69. The Careers and Charges Plan positions and Cargos of the CVM are intended for the exercise of their respective assignments at different levels of complexity and responsibility, as well as the exercise of activities of a technical, administrative and technical nature management relating to the regulation, supervision and surveillance of securities markets.

Art. 70. It is 40 (forty) weekly hours the hourly workload of the holders of the members of the CVM Plan of Carries and Cargos, resurrected the amstops hypotheses in specific legislation.

Art. 71. It is incumbent on the holders of the member positions of the Analyst and CVM Inspector Carreiras:

I-CVM Analyst Cargo: development of activities linked to control, normatization, record of events and improvement of the securities market, drawing up of accounting and auditing standards; drafting of accounting and auditing standards and monitoring of independent auditors; development and auditing of electronic data processing and rationalization systems of methods, procedures and handling of information; planning and control in the areas of administration, human resources, budget, finance and auditing; and the exercise of the assignments provided for in specific laws and regulations, in particular the provisions of the art. 1^o of the Law n^o 9,015, of March 30, 1995; and

II-Cargo of Inspector of CVM: surveillance of the current entities in the securities market, ascertaining and identifying irregularities; guiding institutions in the adoption of appropriate controls and procedures; collecting elements for the assessment of the situation economic-financial of the audited entities; instruct enquiries instituted by the CVM in the exercise of its powers; and the exercise of the assignments provided for in specific laws and regulations, in particular the provisions of art. 1^o of Law n^o 9,015, of March 30, 1995.

Art. 72. Without prejudice to the current assignments, it is the general assignment of the post of CVM Executive Agent to offer specialized support to the activities arising from the assignments set out in the art. 71 of this Law.

Art. 73. They are requirements for admission to the starting class of the posts of which they treat the points to and b of the inciso I and the inciso II of the art. 67 of this Act:

I-approval in a public tender of evidence or evidence and securities;

Art. 74. The public contest referred to in the inciso I of the art caput. 73 of this Act could be arranged in one or more stages, including training course, when relevant trial, as the edital of opening the certame and observed the relevant legislation.

Single paragraph. The public contest referred to in the caput of this article could be carried out by areas of expertise regarding the candidate's training area, as the certame's opening edital is available.

Art. 75. The development of the server in the Carreiras and posts that integrate the CVM's Cargo Plan and Cargos will occur upon functional progression and promotion.

§ 2^the Act of the Executive Power regulates the criteria for granting functional progression and promotion of which treats the caput of this article.

Art. 76. The development of the server in the Carreiras and posts that integrate the CVM's Carrying and Cargos Plan will comply with the following rules:

I-minimum intersticon of 12 (twelve) months between each progression;

II-habilitation in individual performance evaluation corresponding to, at a minimum, 70% (seventy percent) of the maximum limit of the score of the evaluations carried out in the interstice considered for the progression; and

III-competence and professional qualification.

§ 1^o The interstice for the purposes of functional progression will be:

I-computed on days, discounted the departments that are not legally considered to be effective exercise; and

II-suspended in cases where the server moves away without pay, being resumed the puke from the return to activity.

§ 2^o As long as they are not regulated, the progressions and promotions of the holders of member positions of the CVM Careers Plan and Cargos, the functional progressions and promotions of which it treats art. 75 of this Act will be granted by observing the prevailing standards on August 28, 2008.

§ 3^o In the counting of the interstice required for promotion and progression, it will be taken advantage of the time computed until August 28, 2008.

Art. 77. They are minimum prerequisites for promotion to the classes of the top level posts of the CVM Plan of Carries and Cargos:

Art. 78. They are minimum prerequisites for promotion to the classes of the CVM Executive Agent intermediate level job of which it treats the inciso II of the art caput. 67 of this Act:

I-for Class B, possess certification in capacity-building events, totaling, at minimum, 120 (one hundred and twenty) hours, or higher course completion diploma and professional qualification with minimum experience of 5 (five) years, both in the specific field of acting of each post;

II-for Class C, possess certification in capacitive events, totaling, at minimum, 200 (two hundred) hours, or diploma of higher course completion and professional qualification with minimum experience of 8 (eight) years, both in the specific field of acting of each post; and

III-for the Special Class, possess certification in capacitive events, totaling, at minimum, 280 (two hundred and eighty) hours, or higher course completion diploma and professional qualification with minimum experience of 11 (eleven) years, both in the specific field of acting of each post.

Art. 79. They are minimum prerequisites for promotion to the classes of the intermediate level positions of General Services of the CVM General Services, of which it treats the inciso II of the art caput. 67 of this Act:

I-for Class B, possess certification in capacity-building events, totaling, at minimum, 40 (forty) hours, or higher course completion diploma and professional qualification with minimum experience of 7 (seven) years, both in the specific field of acting of each post;

II-for Class C, possess certification in capacitive events, totaling, at minimum, 80 (eighty) hours, or higher course completion diploma and professional qualification with minimum experience of 13 (thirteen) years, both in the specific field of acting of each job title; and

III-for the Special Class, possess certification in capacitive events, totaling, at minimum, 120 (one hundred and twenty) hours, or higher course completion diploma and professional qualification with minimum experience of 19 (nineteen) years, both in the specific field of acting of each post.

Art. 80. It is up to the CVM to implement permanent program of capacity-building, training and development, aimed at ensuring the professionalization of the holders of the integral positions of their Plan of Carries and Cargos.

Single paragraph. For promotion purposes, each capacity-building event can be computed a single time.

Art. 81. The holders of the members ' positions of the Carreiras referred to in points to and b of the inciso I of the art caput. 67 of this Act shall become remunerated exclusively by allowance, fixed in single instalment, vehement of the addition of any gratuity, additional allowance, allowance, prize money, or other remunerative species.

Single paragraph. The values of the allowance of the holders of the posts referred to in the caput of this article shall be those set out in Annex XIV of this Law, with financial effects from the dates specified therein.

Art. 82. They are understood in the allowance and are no longer due to the holders of the posts referred to in points to and b of the inciso I of the art caput. 67 of this Act, as of 1^o of July 2008, the following remunerative species:

I-Maturity Basic;

II-Gratification of Performance of Securities Audit Activity, of which it treats art. 13 of the Provisional Measure n^o 2.229-43, of September 6, 2001; and

III-Advantage Pecuniary Individual-VPI, of which it treats the Law n^o 10,698, of July 2, 2003.

Single paragraph. Considering the provisions of the art. 81 of this Law, the holders of the posts referred to therein do not make jus at the perception of the following remunerative advantages:

I-Variable Consideration of the Securities Commission, of which it treats the Law n^o 9,015, of March 30, 1995; and

II-Gratification of Activity-GAE, of which it treats the Delegated Law n^o 13, of August 27, 1992.

Art. 83. In addition to the plots and advantages of which it treats art. 82 of this Act, they are not due to the holders of the posts referred to in points to and b of the inciso I of the art caput. 67 of this Act, as of 1^o of July 2008, the following installments:

I- personal advantages and Nominally Identified Personal Advantages-VPNI, of any origin and nature;

II-individual differences and residues, of any origin and nature;

III-values embedded in the remuneration arising from the exercise of direction function, managerial or advising or of charge office in commission;

IV-values emboded to remuneration regarding fifths or tenths;

V-values emboded to remuneration for additional by-time service;

VII-allowances;

VIII-values paid for title of representation;

IX-additional by the exercise of unhealthy, dangerous or penous activities;

X-additional nightly;

XI-additional by the provision of extraordinary service; and

XII-other gratifications and additional, of any origin and nature, which are not explicitly mentioned in the art. 85 of this Law.

Art. 84. The integral servers of the Carreiras of which treat the a and b of the inciso I of the art caput. 67 of this Law will not be able to cumulatively perceive with the allowance any values or perks incorporated into remuneration by administrative decision, judicial or administrative extension of judicial decision, of a general or individual nature, yet stemming from judicial sentence carried forward on trial.

Art. 85. The allowance of the members of the Carreiras of which they treat the points to and b of the inciso I of the art caput. 67 of this Act does not exclude the right to perception, pursuant to the specific legislation and regulation, of:

I-gratification natalina;

II-additional vacations;

III-permanence allowance of which treat § 19 of the art. 40 of the Federal Constitution, the § 5^o of the art. 2^o and the § 1^o of the art. 3^o of the Constitutional Amendment n^o 41, of December 19, 2003;

IV- retribution for the exercise of direction function, managerial and advising; and

V-plots indenizatoria provided for in law.

Art. 86. The remunerative structure of holders of the intermediate level positions to which the inciso II of the art caput is concerned. 67 of this Law and of the top level posts that integrate the supplementary framework of which it treats § 5^o of the art. 87 of this Act, as of 1^o of July 2008, will have the following composition:

I- Basic Maturity; and

II-Performance Gratification of CVM Specific Activities- GDECVM or Performance Gratification of CVM Support Activities-GDASCVM, as the case may be.

§ 1^o The basic maturity patterns of the posts referred to in the caput of this Article are the constants of Annex XV of this Act, with financial effects from the dates specified therein.

§ 2^o The holders of the posts referred to in the caput of this article, as per the occupied office, will cease to make jus, from 1^o July 2008, to the perception of the following gratuities and advantages:

I-Gratification of Performance of Securities Audit Activity-GDCVM, of which it treats the art. 13 of the Provisional Measure n^o 2.229-43, of September 6, 2001;

II- Gratification of Performance of Technical-Administrative Support Activity of the Securities Commission-GDACVM, of which it treats art. 8^o of Law n^o 11,094, of January 13, 2005; and

III-Advantage Pecuniary Individual-VPI, of which it treats the Law n^o 10,698, of July 2, 2003.

Art. 87. The servers holding the posts of top and intermediate levels of the CVM Personnel Board will be framed in the posts of the CVM's Cargo Plan and Cargos, according to their respective assignments, the vocational training requirements and the relative position in the Table, pursuant to Annex XVI of this Act.

§ 1^o It is vetted the change of the level of the job occupied by the server in elapsed from the willing in the caput of this article.

§ 2^o The positioning of retirees and pensioners in the Tables remunerations, constants of the Annexes XIV and XV of this Act, will be referenced to the situation in which the server was at the date of retirement or where the pension originated, respected the changes concerning placements arising from specific legislation.

§ 3^o Will be framed in the Carreiras of which they treat the points to and b of the inciso I of the art caput. 67 of this Act, the posts that have holders whose investiture there are observed the relevant constitutional and ordinary standards prior to October 5, 1988 and, if subsequent to that date, has elapsed of approval in a public tender.

§ 4^o À CVM is to check, on a case-by-case basis, the regularity of the application of the provisions of § 3^o of this article, as to the effective frameworks.

§ 5^o The top level effective posts of the CVM Staff Frame that do not have been transposed to the Carreiras of which they treat the points ( a and b of the inciso I of the art caput. 67 of this Law will behave like supplementary framework in extinction.

§ 6^o The supplementary framework referred to in § 5^o includes in the Plan of Carries and Cargos of the CVM.

Art. 88. The application of the provisions of this Act to active servers, inactives and pensioners will not be able to imply reduction of remuneration, orderings and pensions.

§ 1^o In the hypothesis of reduction of remuneration, of provenance or pension, in elapsed from the application of the provisions of this Act, possible difference will be paid:

I-to Integral servers of the Carreiras of which they treat the points to and b of the inciso I of the art caput. 67 of this Act, the title of supplementary repayment of allowance, of a provisional nature, which will be gradually absorbed on the occasion of development in office or in the Carrier by ordinary or extraordinary progression or promotion, of the reorganisation or of the restructuring of the posts and Carreiras or of the remuneration provided for in this Act, of the granting of readjustment or advantage of any nature, as well as of the implantation of the values set out in Annex XIV of this Act; and

II-to the servers of which treat the inciso II of the art caput. 67 and the § 5^o of the art. 87 of this Act, the title of nominally identified personal advantage, of a provisional nature, which will be gradatively absorbed on the occasion of development in office by ordinary or extraordinary progression or promotion, of the reorganisation or of the restructuring of the posts or remunerations provided for in this Act, of the granting of readjustment or advantage of any nature, as well as of the implantation of the values set out in Annex XV of this Act.

Art. 89. It applies to retirements granted to the member servers of the Plan of Carries and Cargos of the CVM, of which they treat art. 67 of this Law and the § 5^o of the art. 87 of this Act and the pensions, resonated retirements and pensions regulated by the arts. 1^o and 2^o of the Law n^o 10,887, of June 18, 2004, in what couber, the provisions of this Act in relation to the servers that are in activity.

Art. 90. The following gratuities become instituted, to be perceived by the servers that they make jus when in exercise of activities in the CVM:

I-Performance Gratification of Specific Activities of the CVM-GDECVM, due exclusively to the intermediate level servers holding the posts of Executive Agent of that treats the inciso II of the art caput. 67 and the top-level servers of which it treats the § 5^o of the art. 87 of this Act, of the CVM Staff Framework, when in exercise of activities in the units of the CVM; and

II-Performance Gratification of CVM Support Activities-GDASCVM, due exclusively to the intermediate level servers holders of the Auxiliary positions of General Services of which treats the inciso II of the art caput. 67 of this Law.

Art. 91. GDECVM and GDASCVM will be assigned depending on the reach of individual server performance targets and CVM institutional performance.

§ 2^o Institutional performance evaluation aims to affer the performance collective in the range of organizational goals.

§ 3^o GDECVM and GDASCVM will be paid with observance of the following limits:

I-max, 100 (hundred) points per server; and

II-minimum, 30 (thirty) points per server, corresponding to each point to the value set out in Annex XVII of this Act.

§ 4^o Considering the provisions of § § 1^o and 2^o of this article, the scoring regarding GDECVM and GDASCVM will have the following distribution:

I-up to 20 (twenty) points of their maximum limit will be assigned depending on the results obtained in the individual performance evaluation; and

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

§ 5^o The values to be paid for the title of GDECVM or GDASCVM will be calculated by multiplying the somatory of the points earned in individual and institutional performance evaluations by the value of the point constant of Annex XVII of this Act, observed the class and the pattern in which the server is positioned.

§ 6^o The criteria and general performance evaluation procedures individual and institutional and allocation of the GDECVM and GDASCVM will be established in an act of the Executive Power, the current legislation observant.

§ 7^o The specific criteria and procedures of performance evaluation individual and institutional and allocation of the GDECVM and GDASCVM will be established in act of the President of the CVM, observed the current legislation.

§ 8^o The targets regarding the evaluation of institutional performance will be fixed annually in the act of the Minister of State for Finance, observed the current legislation.

Art. 92. Until the act referred to in Paragraph 6^o of the art is hereby imposed. 91 of this Act and processed the results of the first individual and institutional evaluation, all the servers that make jus à GDECVM or GDASCVM should perceive it in value corresponding to the last percent received the Gratification of Performance of Securities Audit Activity-GDCVM or Performance Gratification of Technical Support-Administrative Support of the Securities Commission-GDACVM, converted to points that will be multiplied by value constant of Annex XVII of this Act, as disposed of in § 5^o of the art. 91 of this Act.

§ 1^o The result of the first assessment generates financial effects from the date of publication of the act referred to in § 6^o of the art. 91 of this Act, there should be compensated possible differences paid to the greater or the minor.

§ 2^o The willing in the caput of this article and in its § 1^o applies to the occupiers of commissioned positions that make jus à GDECVM or GDASCVM.

Art. 93. GDECVM and GDASCVM will not serve as a basis of calculation for any other benefits or perks.

Art. 94. The effective post holder of which treats the inciso II of the art. 67 and the § 5^o of the art. 87 of this Act, in exercise in the units of the CVM, when invested in office in commission or trust function will make jus à GDECVM or GDASCVM as follows:

I-those invested in trust function or positions in committee of the Group-Direction and Advising Superiors-DAS, levels 3, 2, 1 or equivalent, will perceive the respective performance gratification calculated as arranged in § 5^o of the art. 91 of this Act; and

II-those invested in positions in committee of the Group-Direction and Advising Superiors-DAS, levels 6, 5, 4 or equivalent, will realize the respective performance gratification calculated on the basis of the maximum value of the individual plot, summed up to the result of the institutional evaluation of the period.

Art. 95. The effective office holder of which they treat the inciso II of the art. 67 and the § 5^o of the art. 87 of this Act when it does not find itself in exercise in the CVM units will only make jus à GDECVM or GDASCVM in the following situations:

I-requisitions provided in law for Union organs and entities;

III-cessation for the exercise of job of Special Nature or positions in committee of level equal to or greater than DAS-4 of the Group-Direction and Advising Superiors, or equivalents, in other Union bodies, in authorities or in federal public foundations;

IV-exercise of the post of director or president of public company or federal mixed economy society; and

§ 1^o In the situations referred to in the incisos I and II of the caput of this article, the server will perceive GDECVM or GDASCVM calculated based on the applicable rules as if it were in effective exercise at CVM.

§ 2^o In the situations referred to in the incisos III, IV and V of the caput of this article, the server will perceive GDECVM or GDASCVM calculated based on the outcome of the institutional evaluation of the period.

§ 3^o The institutional assessment referred to in this article will be that of the CVM.

Art. 96. The active server beneficiary of the GDECVM or GDASCVM that obtains in the individual performance evaluation score less than 50% (fifty percent) of the maximum value of this plot will be immediately subjected to the capacity-building or analysis process of the functional suitability, as the case is, under responsibility of the CVM.

Single paragraph. Functional suitability analysis aims to identify the causes of the results obtained in the evaluation of the performance and to serve as a subsidy for the adoption of measures that may propitiate the improvement of server performance.

Art. 97. Occurring exoneration of the post in commission with maintenance of the effective post the server that makes jus à GDECVM or GDASCVM will continue to perceive it in value corresponding to that of the last score awarded to it, in the condition of occupier of charge commissioned, until it is processed at its first assessment after exoneration.

Art. 98. In the event of departments and licences deemed to be of effective exercise, without prejudice to the remuneration and entitled to the perception of performance gratification, the server will continue to perceive GDECVM or GDASCVM in value corresponding to that of the latter scoring obtained, until it is processed its first evaluation after the return.

§ 1^o The willing in the caput of this article does not apply to the cases of cession.

§ 2^o Until it is processed your first performance evaluation that comes the suriting financial effect, the server that has returned unpaid leave or assignment or other unright removal to the perception of GDECVM or GDASCVM, in the course of the evaluation cycle, will receive the gratification in the value corresponding to 80 (eighty) points.

Art. 99. For the purposes of incorporating GDECVM or GDASCVM to the retirement orants or the pensions, the following criteria will be adopted:

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

b) to the remaining cases will apply, for the purposes of calculating pensions and pensions, the provisions of Law n^o 10,887, of June 18, 2004.

Art. 100. To the holders of the member positions of the CVM Analyst Careers and the CVM Inspector applies the exclusive dedication scheme, with the impediment of the exercise of other paid, public or private, potentially causative activity of conflict of interest, resourced the exercise of the magister, there was time compatibility.

Single paragraph. In the exclusive dedication regime will allow sporadic collaboration in matters of its specialty, duly authorized by the President of the CVM, for each specific situation, observed the terms of the regulation, and participation in boards and tax boards of the public companies and mixed-economy companies, their subsidiaries and controlled, as well as any companies in which the Union, directly or indirectly, detains participation in the social capital.

Art. 101. The members of the CVM and CVM Analyst Careers will only be able to be yielded or have exercise outside of the respective lottation body in the following situations:

I-requisitions provided in law for Union organs and entities;

II-cessation for the exercise of special Nature job title or positions in committee of level equal to or greater than DAS-4 of the Group-Direction and Advising Superiors, or equivalents, in other Union bodies, in authorities or in federal public foundations;

III-exercise of the post of director or president of public company or of the federal mixed economy company;

IV-cessation for the exercise of the posts of Secretary of State, Federal District, capital prefecture, or municipality with more than 500,000 (five hundred thousand) inhabitants, of positions in commission of level equivalent or higher than that of DAS-4 within the framework of the States, Federal District and Municipalities, and of maximum entity of public administration of those in federated; and

V-assignment for the exercise of positions in committee at the Cabinet of the Minister of State and the Secretariat-Executive Office of the Ministry of Finance.

Section VIII

From the Plan of Carreiras and Cargos of the Foundation of Applied Economic Research-IPEA

Art. 102. It is structured the Plan of Carries and Cargos of the Foundation of Applied Economic Research Institute-IPEA, composed of the following Carreiras and posts:

I-Ipea Planning and Research Carrier, composed of the post of Planning and Research Technician, of top level, with attributions aimed at management activities government, in the aspects regarding planning, the realization of economic and social research and the evaluation of government actions to subsidize public policy formulation;

II-(VETADO)

III-(VETADO)

IV -(VETADO)

V-too many top level posts and the intermediate level posts members of the Ipea Staff Framework.

§ 1^o The posts referred to in the caput of this article are of effective proofing and governed by the Law n^o 8,112, of December 11, 1990.

§ 2^o (VETADO)

§ 3^o (VETADO)

§ 4^o (VETADO)

Art. 103. The top and intermediate level posts of the Ipea Plan of Carries and Cargos are grouped into classes and standards, as set out in Annex XIX of this Law.

§ 1^o The current busy positions whose holders have observed the willing § 3^o of the art. 120 of this Act, as well as vacant posts and the rest, as they wander, of Planning and Research Technician, Planning and Public Management Technician, Auxiliary Research Technician and Auxiliary Technical Manager of Management go on to integrate the Carreiras of which treat the incisos I, II, III and IV of the art caput. 102 of this Act, respectively.

Art. 104. It is 40 (forty) weekly hours the hourly workload of the holders of the member positions of the Plan of Carries and Cargos of the Ipea, resurrected the amstops hypotheses in specific legislation.

Art. 105. They are requirements for admission to the starting class of the posts of the Plan of Carreiras and Cargos of the Ipea:

I-approval in public tender of proofs or proofs and titles;

II-diploma of completion of higher education at undergraduate level, in courses recognized by the Ministry of Education and, if it is the case, specific legal habilitation, as defined in the contest's edital, for the top level posts; and

III-certificate of completion of high school or equivalent and specific legal habilitation, when it is the case, provided by officially authorized educational institution, as defined in the concourse of the contest, for intermediate level posts.

Art. 106. The public contest referred to in the inciso I of the art caput. 105 of this Act could be arranged in one or more stages, including training course when relevant trial, as the edital of opening the certame and observed the relevant legislation.

Art. 107. The development of the server in the Carreiras and posts that integrate the Ipea Plan of Carries and Cargos will occur upon functional progression and promotion.

§ 2^the Act of the Executive Power regulates the criteria for granting functional progression and promotion of which treats the caput of this article.

Art. 108. The development of the server in the Carreiras and in the posts that integrate the Plan of Carries and Cargos of the Ipea will comply with the following rules:

I-minimum intersticon of 12 (twelve) months between each progression;

III-competence and professional qualification.

§ 1^o The interstice for the purposes of functional progression will be:

I-computed on days, discounted the departments that are not legally considered to be effective exercise; and

II-suspended in cases where the server moves away without pay, being resumed the puke from the return to activity.

§ 2^o As long as they are not regulated, the progressions and promotions of the holders of member positions of the Ipea Plan of Carries and Cargos, the functional progressions and promotions of which it treats art. 107 of this Act will be granted by observing the prevailing standards on August 28, 2008.

§ 3^o In the counting of the interstice required for promotion and progression, it will be taken advantage of the time computed until August 28, 2008.

Art. 109. They are minimum prerequisites for promotion to the classes of the top level positions of Planning and Research and Planning Technician and Public Management referred to in the incisos I and II of the art caput. 102 of this Act:

I-for Class B, possess certification in capacity-building events, totaling, at minimum, 360 (three hundred and sixty) hours, and professional qualification with minimum experience of 5 (five) years, both in the specific field of performance of the post;

II-for Class C, have the degree of Master and professional qualification with minimum experience of 8 (eight) years, both in the specific field of performance of the post or possess the professional qualification with minimum experience of 11 (eleven) years in the specific field of acting of the post; and

III-for the Special Class, have the title of Doctor and professional qualification with minimum experience of 11 (eleven) years, both in the specific field of acting of the post or professional qualification with minimum experience of 14 (fourteen) years in the specific field of acting of the post.

Art. 110. They are minimum prerequisites for promotion to the classes of the other top level posts of the Ipea Staff Framework, referred to in the inciso V of the art caput. 102 of this Act:

I-for Class B, possess certification in capacity-building events, totaling, at minimum, 160 (one hundred and sixty) hours, and professional qualification with minimum experience of 5 (five) years, both in the specific field of acting of the post;

II-for Class C, possess certification in capacitive events, totaling, at minimum, 240 (two hundred and forty) hours, and professional qualification with minimum experience of 8 (eight) years, both in the specific field of performance of the post; and

III-for the Special Class, be certificate holder of completion certificate of specialization or specific training equivalent to, at the minimum, 360 (three hundred and sixty) hours, and professional qualification with minimum experience of 11 (eleven) years, both in the specific field of acting of the post.

Art. 111. (VETADO)

Art. 112. They are minimum prerequisites for promotion to classes of the remaining intermediate level positions of the Ipea Personnel Board:

I-for Class B, possess certification in capacitive events, totaling, at minimum, 40 (forty) hours, or diploma of completion of higher course and qualification professional with minimum experience of 5 (five) years, both in the specific field of acting of each job title;

II-for Class C, possess certification in capacitive events, totaling, at minimum, 80 (eighty) hours, or diploma of completion of higher course and qualification professional with minimum experience of 8 (eight) years, both in the specific field of acting of each post; and

III-for the Special Class, possess certification in capacitive events, totaling, at minimum, 120 (one hundred and twenty) hours, or higher course completion diploma and professional qualification with minimum experience of 11 (eleven) years, both in the specific field of acting of each post.

Art. 113. It is up to Ipea to implement permanent program of capacity-building, training and development, aimed at ensuring the professionalization of the holders of the integral positions of their Plan of Carries and Cargos.

Single paragraph. For promotion purposes, each capacity-building event can be computed a single time.

Art. 114. The holders of the member positions of the Carreiras of which treat the incisels I, II, III and IV of the art caput. 102 of this Act shall become remunerated exclusively by allowance, fixed in single instalment, vehement of the addition of any gratuity, additional allowance, allowance, prize money, or other remunerative species.

Single paragraph. The values of the allowance of the holders of the posts referred to in the caput of this article shall be those set out in Annex XX of this Act, with financial effects from the dates specified therein.

Art. 115. They are understood in the allowance and are no longer due to the holders of the posts to which the incisels I, II, III and IV of the art caput refer to. 102 of this Act, as of 1^o of July 2008, the following remunerative species:

I-Maturity Basic;

II-Gratification of Activity Performance of the Management Cycle-GCG, of which it treats the art. 8^o of the Interim Measlation n^o 2.229-43, of September 6, 2001; and

III -Individual Pecuniary Advantage-VPI, of which it treats the Law n^o 10,698, of July 2, 2003.

Single paragraph. Considering the provisions of the art. 114 of this Law, the holders of the posts referred to therein do not make jus at the perception of the following remunerative advantages:

I-Gratification of Performance and Productivity-GDP, of which it treats the art. 1^o of the Law n^o 9,625, of April 7, 1998; and

II-Gratification of Activity-GAE, of which it treats the Delegated Law n^o 13, of August 27, 1992.

Art. 116. In addition to the plots and advantages of which it treats art. 115 of this Act, are not due to the holders of the posts to which the incisels I, II, III and IV of the art caput refer to. 102 of this Act, as of 1^o of July 2008, the following installments:

I- personal advantages and Nominally Identified Personal Advantages-VPNI, of any origin and nature;

II-individual differences and residues, of any origin and nature;

III-values embedded in the remuneration arising from the exercise of direction function, managerial or advising or of charge office in commission;

IV-values emboded to remuneration regarding fifths or tenths;

V-values emboded to remuneration for additional by-time service;

VII-allowances;

VIII-values paid for title of representation;

IX-additional by the exercise of unhealthy, dangerous or penous activities;

X-additional nightly;

XI-additional by the provision of extraordinary service; and

XII-other gratifications and additional, of any origin and nature, which are not explicitly mentioned in the art. 118 of this Law.

Art. 117. The integral servers of the Carreiras of which treat the incisos I, II, III and IV of the art caput. 102 of this Law will not be able to cumulatively perceive with the allowance any values or perks incorporated into remuneration by administrative decision, judicial or administrative extension of judicial decision, of a general or individual nature, yet stemming from judicial sentence carried forward on trial.

Art. 118. The allowance of the members of the Carreiras of which they treat the incisos I, II, III and IV of the art caput. 102 of this Act does not exclude the right to perception, pursuant to the specific legislation and regulation, of:

I-gratification natalina;

II-additional vacations;

IV- retribution for the exercise of direction function, managerial and advising; and

V-plots indenizatoria provided for in law.

Art. 119. The remunerative structure of the holders of the posts of higher and intermediate levels to which the inciso V of the art caput is concerned. 102 of this Law and of the top level positions integral to the supplementary framework referred to in § 5^o of the art. 120 of this Act, as of 1^o of July 2008, will have the following composition:

I- Basic Salary; and

II-Performance Gratification of Specific Ipea Activities- GDAIPEA.

§ 1^o The basic maturity patterns of the posts referred to in the caput of this article are the constants of Annex XXI, with financial effects from the dates specified therein.

§ 2^o The holders of the posts referred to in the caput of this article will not jus, from 1^o of July 2008, to the perception of the following gratuities and advantages:

I-Gratification of Activity Performance of the Management Cycle-GCG, of which it treats the art. 8^o of the Interim Meas-tion n^o 2.229-43, of September 6, 2001; and

II -Individual Pecuniary Advantage-VPI, of which it treats the Law n^o 10,698, of July 2, 2003.

Art. 120. The servers holding the posts of the top and intermediate levels of the Ipea Staff Framework will be framed in the posts of the Plan of Carries and Cargos of the Ipea, according to their respective assignments, with the training requirements professional and with the relative position in the Table, in the terms of Annex XIX of this Act.

§ 1^o It is vetted the change of the level of the job occupied by the server in elapsed from the willing in the caput of this article.

§ 2^o The positioning of retirees and pensioners in the tables remunerations set out in Annexes XX and XXI of this Act will be referenced to the situation in which the server was at the date of retirement or where the pension originated, respected changes concerning positionings arising from specific legislation.

§ 3^o Will be framed in the Carreiras of which they treat incisors I, II, III and IV of the art caput. 102 of this Act the positions of Planning and Research Technician, Planning and Public Management Technician, Auxiliary Research Technician and Management Technical Helper, who have holders whose investiture there are observed the pertinent standards constitutional and ordinary prior to October 5, 1988 and, if subsequent to that date, has elapsed of approval in a public tender.

§ 4^o Ao Ipea is to check, on a case-by-case basis, the regularity of the application of the provisions of § 3^o of this article as to the effective frameworks.

§ 5^o The top level effective posts of the Ipea Staff Framework that have not been transposed to the Carreiras of which they treat the incisos I and II of the art caput. 102 of this Act, will behave supplementary framework.

§ 6^o The supplementary framework referred to in § 5^o of this article includes in the Plan of Carries and Cargos of the Ipea.

Art. 121. The application of the provisions of this Act to active servers, inactives and pensioners will not be able to imply reduction of remuneration, orderings and pensions.

§ 1^o In the hypothesis of reduction of remuneration, of provenance or pension, in elapsed from the application of the provisions of this Act, possible difference will be paid:

I-to Integral servers of the Carreiras of which treat the incisos I, II, III and IV of the art caput. 102 of this Act, the title of supplementary repayment of allowance, of a provisional nature, which will be gradatively absorbed on the occasion of development in office or in the Carry for progression or ordinary or extraordinary promotion, of the reorganization or of the restructuring of the posts and Carreiras or of the remuneration provided for in this Act, of the granting of readjustment or advantage of any nature, as well as of the implantation of the values set out in Annex XX of this Act; and

II-to the servers of which treats the inciso V of the art caput. 102 of this Act, the title of nominally identified personal advantage, of a provisional nature, which will be gradatively absorbed on the occasion of development in office by ordinary or extraordinary progression or promotion, of the reorganisation or of the restructuring of the posts or remuneration provided for in this Act, of the granting of readjustment or advantage of any nature, as well as of the implantation of the values set out in Annex XXI to this Act.

Art. 122. It applies to retirements granted to the member servers of the Plan of Carries and Cargos of the Ipea, of which it treats art. 102 and pensions, resonated retirements and pensions regulated by the arts. 1^o and 2^o of the Law n^o 10,887, of June 18, 2004, in what couber, the provisions of this Act in relation to the integral servers of the Plan of Ipea Carries and Cargos that are in activity.

Art. 123. It is instituted the Performance Gratification of Specific Activities of the Ipea-GDAIPEA, due exclusively to the holders of top and intermediate level positions of the Ipea Plan of Carries and Cargos, of which it treats the inciso V of the caput of the art. 102 of this Law and the § 5^o of the art. 120 of this Law, when in exercise of activities in the Ipea.

Art. 124. GDAIPEA will be assigned depending on the reach of individual server performance targets and Ipea's institutional performance.

§ 2^o Institutional performance evaluation aims to affer the performance collective in the range of organizational goals.

§ 3^o GDAIPEA will be paid with observance of the following limits:

I-max, 100 (hundred) points per server; and

II-minimum, 30 (thirty) points per server, corresponding to each point to the value set out in Annex XXII of this Act.

§ 4^o Considering the provisions of § § 1^o and 2^o of this article, the score referring to GDAIPEA will have the following distribution:

I-up to 20 (twenty) points of its maximum limit will be assigned depending on the results obtained in the individual performance evaluation; and

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

§ 5^o The values to be paid for the title of GDAIPEA will be calculated by multiplying the summation of the points earned in individual and institutional performance evaluations by the value of the point constant of Annex XXII of this Act, observed the class and the pattern in which the server is positioned.

§ 6^o The criteria and general performance evaluation procedures individual and institutional of GDAIPEA will be established in an act of the Executive Power, observed the current legislation.

§ 7^o The specific criteria and procedures of performance evaluation individual and institutional of the GDAIPEA will be established in act of the President of Ipea, observed the current legislation.

§ 8^o The targets regarding the evaluation of institutional performance will be fixed annually in act of the Minister of State Chief of the Secretary of Strategic Affairs of the Presidency of the Republic, observed the current legislation.

Art. 125. Until the act referred to in Paragraph 6^o of the art is hereby imposed. 124 of this Law and processed the results of the first individual and institutional evaluation, all the servers that make jus à GDAIPEA should perceive it in value corresponding to the last percent received the title of Performance Gratification of Management Cycle Activity-GCG, converted to points that will be multiplied by the constant value of Annex XXII of this Act, as disposed of in § 5^o of the art. 124 of this Law.

§ 1^o The result of the first evaluation generates financial effects from the date of publication of the act referred to in § 6^o of the art. 124 of this Act, there should be compensated possible differences paid to the greater or the minor.

§ 2^o The provisions of the caput and in § 1^o of this article apply to the occupiers of commissioned positions that make jus à GDAIPEA.

Art. 126. GDAIPEA will not serve as a basis of calculation for any other benefits or perks.

Art. 127. The effective office holder of which they treat the inciso V of the art. 102 and the § 5^o of the art. 120 of this Act, in exercise in the Ipea, when invested in office in commission or trust function will make jus à GDAIPEA as follows:

II-those invested in positions in committee of the Group-Direction and Top Assessors-DAS, levels 6, 5, 4, or equivalents, will realize the respective performance gratification calculated based on the maximum value of the individual plot, summed up to the outcome of the institutional evaluation of the period.

Art. 128. The effective office holder of which treats the inciso V of the art caput. 102 and the § 5^o of the art. 120 of this Law, when it does not find itself in exercise at Ipea, will only make jus à GDAIPEA in the situations set out in the art. 1^o of Law n^o 9,625, of April 7, 1998, and, still, in the following:

I-requisitions provided for in law for Union bodies and entities;

II-cessation for the exercise in charge of Special Nature or positions in committee of level equal to or greater than DAS-4 of the Group-Direction and Advising Superiors, or equivalents, in other Union bodies, in authorities or in federal public foundations;

III-exercise in charge of director or president of public company or economics society federal mixed; and

IV-cessation for the exercise of the posts of Secretary of State, of the Federal district, of capital city or municipality with more than 500,000 (five hundred thousand) inhabitants, of positions in commission of level equivalent or above that of DAS-4 within the framework of the States, the Federal District and the Municipalities, and of the maximum entity of the public administration of these federated entities.

§ 1^o In the situation referred to in the inciso I of the caput of this article, the server will perceive GDAIPEA calculated on the basis of the applicable rules as if it were in effective exercise at Ipea.

§ 2^o In the situations referred to in the incisos II, III, and IV of the caput of this article, the server will perceive GDAIPEA calculated based on the result of the institutional evaluation of the period.

§ 3^o The institutional assessment referred to in this article will be that of the Ipea.

Art. 129. The active server beneficiary of the GDAIPEA that obtains in the individual performance evaluation score of less than 50% (fifty percent) of the maximum value of this plot will be immediately subjected to the capacity-building or analysis process of the functional suitability, as the case is, under Ipea's responsibility.

Art. 130. Occurring exoneration of the post in commission with effective office maintenance, the server that makes jus à GDAIPEA will continue to perceive it in value corresponding to that of the last assigned score, until it is processed its first evaluation after the exoneration.

Art. 131. In case of departments and licences deemed to be of effective exercise, without prejudice to the remuneration and entitled to the perception of performance gratification, the server will continue to perceive GDAIPEA in value corresponding to that of the last score obtained, until it is processed to its first evaluation after the return.

§ 1^o The willing in the caput of this article does not apply to the cases of cession.

§ 2^o Until it is processed your first performance evaluation that comes the suriting financial effect, the server appointed for effective office and the one who has returned unpaid leave or assignment or other unentitled flats to the perception of GDAIPEA in the course of the evaluation cycle will receive the gratification in the value corresponding to 80 (eighty) points.

Art. 132. For the purposes of incorporating GDAIPEA to the retirement orants or the pensions, the following criteria will be adopted:

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

b) to the remaining cases will apply, for the purposes of calculating pensions and pensions, the provisions of Law n^o 10,887, of June 18, 2004.

Art. 133. To the holders of the member positions of the Planning and Research Careers, Planning and Public Management, Aid for Research and Aid to Management, of Ipea applies the exclusive dedication regime, with the impediment of the exercise of other activity remunerated, public or private, potentially causing conflict of interest, resourced the exercise of the magister, and there is time compatibility.

Single paragraph. In the exclusive dedication regime, it will allow sporadic collaboration in matters of its specialty, duly authorized by the President of Ipea, for each specific situation, observed the terms of the regulation, and participation in boards and tax boards of the public companies and mixed-economy companies, their subsidiaries and controlled, as well as any companies in which the Union, directly or indirectly, detains participation in the social capital.

Art. 134. The members of the Planning and Research Carreads, Planning and Public Management, Research Aid and Management Aid, from Ipea will only be able to be yielded or have exercise outside the respective lottation body in the situations set out in the art. 1^o of the Law n^o 9,625, of April 7, 1998, and, still, in the following:

I-requisitions foreseen in law for Union organs and entities;

III-exercise of the post of director or president of public company or federal mixed economy society; and

IV-disposals for the exercise of the posts of Secretary of State, Federal District, capital prefecture or municipality with more than 500,000 (five hundred thousand) inhabitants, of positions in committee of level equivalent or higher than that of DAS-4 within the framework of the states, the Federal District and the Municipalities, and of maximum authority of the public administration of these federated people.

Section IX

From the P-1501 Group Planning Technical Cargo of the P-1500 Group

Art. 135. The remunerative structure of the holders of the effective proofing duties of Schedule P-1501 Technical Group of the P-1500 Group, of which it treats the Law n^o 9,625, of April 7, 1998, shall be composed of:

I-Maturity Basic; and

II-Gratification Performance of Scheduling Technical Activity-GDATP.

Art. 136. As of August 29, 2008, the holders of the posts of which it treats art. 135 cease to make jus at the perception of the following advantages:

I-Gratification of Performance Performance of the Management Cycle-GCG, of which it treats art. 8^o of the Provisional Measure n^o 2.229-43, of September 6, 2001; and

II-Individual Pecuniary Advantage-VPI, of which treats the Law n ^o 10,698, of July 2, 2003.

Art. 137. The value of the Basic Maturity of the holders of the post referred to in art. 135 of this Act is the one set out in Annex XXIII of this Act, with financial effects from the dates specified therein.

Art. 138. It is instituted the Gratification of Scheduling-GDATP Technical Activity Performance, due to the titular servers of the effective pavement positions of which it treats art. 135 of this Law.

Art. 139. GDATP will be assigned depending on the scope of the individual performance targets and the scope of the institutional performance targets of the server's lotation body.

§ 1^o The individual performance evaluation aims to affer the performance of the server in the exercise of the tasks of the office or function, for the scope of the institutional performance targets.

§ 2^o Institutional performance evaluation aims to affer the reach of the organizational goals, and may consider priority projects and activities and special working conditions, in addition to other specific characteristics.

Art. 140. GDATP will be paid the maximum limit of 100 (one hundred) points and the minimum of 30 (thirty) points per server, corresponding to each point to the value set out in Annex XXIV of this Act, with financial effects from the dates specified therein.

Art. 141. The score regarding GDATP will thus be distributed:

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

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

Art. 142. The general individual and institutional evaluation criteria and procedures of GDATP will be established in an act of the Executive Power.

§ 1^o The specific criteria and procedures of individual assessment and institutional will be established in act of the Minister of State for Planning, Budget and Management.

§ 2^o The targets regarding the evaluation of institutional performance will be fixed annually in act of the holder of the lotation organ, or of the organ to which the lotation entity of the titular server of the office referred to in the art is bound. 135 of this Law.

Art. 143. The values to be paid for the GDATP title will be calculated by multiplying the sum of the points earned in the individual and institutional performance evaluations by the value of the point constant of Annex XXIV of this Act, observed the class and the standard where it is positioned the server.

Art. 144. Until the acts referred to in art are published. 142 of this Act and processed the results of the first individual and institutional evaluation, all the servers that make jus à GDATP should perceive it in value corresponding to the last percentage received GCG title, converted to points that will be multiplied by the constant value of Annex XXIV of this Act, as disposed of in the art. 143 of this Law.

§ 1^o The result of the first evaluation generates financial effects from the date of publication of the act referred to in art. 142 of this Act, there should be compensated possible differences paid to the greater or the minor.

§ 2^o The willing in the caput of this article applies to the occupiers of positions commissioning and trust functions that make jus à GDATP.

Art. 145. In the event of departments and licences deemed to be of effective exercise, without prejudice to the remuneration and entitled to the perception of performance gratification, the server will continue to perceive GDATP corresponding to the last percentage obtained, until that it be processed at its first evaluation after the return.

§ 1^o The willing in the caput of this article does not apply to the cases of cession.

§ 2^o Until it is processed your first performance evaluation that comes the suriting financial effect, the server that has returned unpaid leave or assignment or other unentitled departments to the perception of GDATP in the course of the evaluation cycle will receive the gratification in the value corresponding to 80 (eighty) points.

Art. 146. The effective office holder of which treats art. 135 of this Act, in exercise in the organ or lotation entity, when invested in office in commission or trust function will make jus à GDATP as follows:

II-those invested in positions in committee of the Group-Direction and Top Assessors-DAS, levels 6, 5, 4 or equivalent, will realize the respective performance gratification calculated on the basis of the maximum value of the individual plot, added to the outcome of the institutional evaluation of the period.

Art. 147. The effective office holder of which treats art. 135 of this Act when it is not found to be in exercise in the body or lotation entity, in the Ministry of Planning, Budget and Management or in the organs and units of the Planning and Budget Systems, of Federal Financial Administration, of Federal and Internal Control Accounting of the Federal Executive Power will only make jus à GDATP in the following situations:

I-requisitions provided in law for Union organs and entities;

III-exercise of the post of director or president of public company or federal mixed economy society; and

IV-disposals for the exercise of the posts of Secretary of State, Federal District, capital prefecture or municipality with more than 500,000 (five hundred thousand) inhabitants, of positions in committee of level equivalent or above that of DAS-4 within the framework of the States, the Federal District and the Municipalities, and the maximum entity of the public administration of these federated people.

§ 1^o In the situation referred to in the inciso I of the caput of this article, the server will perceive GDATP calculated on the basis of the applicable rules as if it were in effective exercise in the lotation body.

§ 2^o In the situations referred to in the incisos II, III, and IV of the caput of this article, the server will perceive the GDATP calculated based on the result of the institutional evaluation of the organ or lotation entity, in the period.

Art. 148. Occurring exoneration of the post in commission with maintenance of the effective post, the server that makes jus à GDATP will continue to perceive it in value corresponding to that of the last score awarded to him, in the condition of occupier of charge in committee, until it is processed at its first assessment after exoneration.

Art. 149. The GDATP beneficiary active server that obtains score of less than 50% (fifty percent) of the score intended for individual performance evaluation will be immediately subjected to the suitability or analysis process of the suitability functional, as the case may be, under the responsibility of the organ or lotion entity.

Art. 150. GDATP will not be able to be paid cumulatively with any other gratification of activity or productivity performance, regardless of its denomination or calculation basis.

Art. 151. The application of the provisions relating to the remunerative structure of the holders of the posts of which it treats art. 135 of this Act to active servers, inactives and pensioners will not be able to imply reduction of pay, orderings and pensions.

§ 1^o In the hypothesis of reduction of remuneration, of provenance or pension, in elapsed from the application of the provisions in this Section, possible difference will be paid to the servers of which it treats the art. 135 of this Act, the title of Nominally Identified Personal Advantage-VPNI, of an interim nature, which will be gradatively absorbed on the occasion of development in office by ordinary or extraordinary progression or promotion, of the reorganization or of the restructuring of the posts or remunerations provided for in this Act, of the granting of readjustment or advantage of any nature, as well as of the implantation of the values set forth in Annexes XXIII and XXIV of this Act.

§ 2^o The VPNI that it treats § 1^o of this article will be subject exclusively to the update arising out of general review of the remuneration of federal public servants.

Art. 152. For the purposes of incorporating GDATP to the retirement orants or the pensions, the following criteria will be adopted:

I-for the pensions and pensions instituted until February 19, 2004, GDATP will be, as of 1^o of July 2008, corresponding to 50% (fifty per one) of the maximum value of the respective level; and

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

a) when to the servers that gave them origin if apply the provisions of the arts. 3^o and 6^o of the Constitutional Amendment n^o 41, of December 19, 2003, and the art. 3^o of the Constitutional Amendment n^o 47, of July 5, 2005, shall apply the constant percent of the inciso I of the caput of this article; and

b) to the rest will apply, for the purposes of calculating pensions and pensions, the provisions of Law n^o 10,887, of June 18, 2004.

Setion X

From the Civilian Police Career of the Extinct Federal Territories of Acre, Amapá, Rondônia and Roraima

Art. 153. Annex VI to the Act n^o 11,358 of October 19, 2006, passes the vigour in the form of Annex XXV of this Act, with financial effects from the dates specified therein.

CHAPTER II

OF THE CAREER DEVELOPMENT SYSTEM-SIDEC

Art. 154. The development in the Carrier of the holders of the posts that integrate the following Carreiras will take place by progression and promotion, by virtue of the merit of its members and of the performance in the exercise of the respective assignments:

I-Auditor-Fiscal of the Brazilian Federal Revenue And Tax Analyst of the Brazilian Federal Revenue, Carreira Audit of the Brazilian Federal Revenue;

II-Auditor of the Career Work of the Carrier Auditoria-Fiscal of Work;

III-Analyst of the Central Bank of Brazil and Technical Bank of the Bank Central do Brasil, of the Specialist Carrier of the Central Bank of Brazil;

IV-Analyst of Finance and Control and Control and Control Technician, of the Finance and Control Carrier;

V-Analyst of Planning and Budget and Budget and Budget Technician, of the Planning and Budget Carrier;

VI-Foreign Trade Analyst of the Foreign Trade Analyst's Career;

VII-Specialist in Public Policies and Government Management of the Expert Career in Public Policies and Government Management;

VIII-Technical Analyst of the Susep of the Technical Analyst of the Technical Analyst of the Susep;

IX-CVM Analyst of the CVM Analyst Carrier;

X-Inspector of CVM Inspector Carrier's CVM;

XI-Planning and Research Technician, of the Planning and Research Carrier;

XII-(VETADO)

XIII-(VETADO)

XIV-(VETADO)

§ 1^o For the purposes of the provisions of this Chapter, progression is the pass from the server to the immediately higher maturity pattern within a same class, and promotion, the server pass of the last standard of a class to the first standard of the immediately upper class.

§ 2^o The participation, with taking advantage, in programs and courses of improvement delivered by school of government will constitute mandatory requirement for promotion in the Carreiras of which they treat the incisors I to XIV of the caput of this article.

Art. 155. For the purposes of progression, the results of the individual performance evaluation of the server will be considered.

§ 1^the Act of the Executive Power will determine the percent obtained in the evaluation of individual performance:

I-from which the server will be able to progress with 12 (twelve) months of effective exercise in the pattern in which to find; and

II-below which the minimum interstice for progression will be at least 24 (twenty-four) months of effective exercise in the pattern in which to find.

§ 2^o The obtaining of percent situated between the limits referred to in the incisos I and II of § 1^o of this article will cause the server to progress, provided that it fulfilled the minimum interstice of 18 (eighteen) months of effective exercise in the pattern in which it is found.

Art. 156. For promotion purposes, will be structured the Development System in the Carrier-SIDEC, based on the accumulation of points to be assigned to the server by virtue of the following factors:

I-results obtained in individual performance evaluation;

II-frequency and harness in capacity-building activities;

III-titration;

IV-occupancy of functions of trust, positions in commission or assignment for team or unit coordination;

V-time of effective exercise in office;

VI-technical or academic production in the specific area of exercise of the server;

VII-exercise in priority-lotion units; and

VIII-regular participation as an instructor in technical courses offered in the body's annual capacity-building plan.

§ 1^o In addition to the factors enumerated in the incisos I to VIII of the caput of this article, other factors could be established, in the form of the regulation, considering priority projects and activities, special working conditions, and specific characteristics of the Carreiras or posts.

§ 2^the Ato of the Executive Power will define the weight of each of the factors, the criteria of its application and the form of calculation of the final result.

Art. 157. The quantitative of posts per class of the Carreiras of which it treats art. 154 of this Act, observed the total of each office of the Carrier, will obey the following limits:

I-for the Carreiras of which treat the incisos I and II of the art caput. 154 of this Act:

a) 45% (forty-five percent) of the total of each charge of the Carrier in the class A;

b) up to 35% (thirty-five percent) of the total of each Carrier post in the class B; and

c) up to 20% (twenty percent) of the total of each Carrier job in the class Special; and

II-for the Carreiras of which treat the incisos III to XIV of the art caput. 154 of this Act:

a) 30% (thirty percent) of the total of each Carrier post in the class A;

b) up to 27% (twenty seven percent) of the total of each Carrier post in class B;

c) up to 23% (twenty-three percent) of the total of each Carrier post in class C; and

d) up to 20% (twenty percent) of the total of each charge of the Carrier in the Special class.

§ 1^o For the purposes of calculating the total vacancies available per class for promotion, the quantitative of posts whose holders are positioned in the class more than 10 (ten) years will be summed up to the existing vacancies, observed the limit of each class as set out in the a, b and c of the inciso I and a, b, c and d of the inciso II of the caput of this article.

§ 2^o The holder of an integral charge of the Carreiras of which it treats art. 154 of this Law that remains for more than 15 (fifteen) years positioned in a same class, provided that it has obtained, during at least 2/3 (two-thirds) of the period of stay in class, percent in the assessment of sufficient individual performance for progression with 12 (twelve) months of effective exercise, will be automatically promoted to the subsequent class.

§ 3^o The provisions of § 2^o of this article do not apply to the promotion to the Special class.

§ 4^o The limits set out in paragraphs to and c of the inciso I and a and d of the inciso II of the caput of this article will be able to be increased to 60% (sixty percent) and 25% (twenty five percent), respectively, by August 31, 2013, aiming to allow greater allocation of vacancies in the initial classes and the gradual adjustment of the position distribution framework by existing class on August 28, 2008.

Art. 158. Until the act to which they refer to § 1^o of the art is not published. 155 and the § 2^o of the art. 156 of this Law, the progressions and promotions of the holders of the posts that integrate the Carreiras referred to in art. 154 of this Act will be granted by observing the prevailing standards on August 28, 2008.

Art. 159. The server scoring index in SIDEC can be used as a preference criterion in:

I-removal contest;

II-costing and release for long duration course;

III-public selection for trust function; and

IV-award for outstanding performance.

Single paragraph. Act of the Executive Power will define in which cases the SIDEC point index will be used and the manner of its application.

CHAPTER III

TRANSITIONAL AND FINAL PROVISIONS

Art. 160. Are not cumulative the values eventually perceived by the active or retired servers or by the pensioners covered by this Law on the basis of the current legislation on August 28, 2008 with the values arising from the application of this Law to maturities or allowance or probation of retirement or pension.

§ 1^o Observed the willing in the caput of this article, the values eventually perceived by the server or pensioner for the title of maturities, subsidy or proof of retirement or pensions, from 1^o from July 2008 to August 28, 2008 should be deducted from the values due from 1^o of July of 2008, as per the Carrier or Carrier plan and posts to which the server or pension institution belongs.

§ 2^o For the purposes of the provisions of this article, maturities comprise the sum of the basic salary with the permanent advantages pertaining to the post, as disposed of Law n^o 8,852, of February 4, 1994 and, still, the following installments:

I- personal advantages and Nominally Identified Personal Advantages-VPNI, of any origin and nature;

II-individual differences and residues, of any origin and nature;

III-values embedded in the remuneration arising from the exercise of direction function, managerial or advising or of charge office in commission;

IV-values emboded to remuneration regarding fifths or tenths;

V-values emboded to remuneration for additional by-time service;

VII-allowances;

VIII-values paid for the title of representation;

IX-additional by the exercise of unhealthy, dangerous or penous activities;

X-additional nightly;

XI-additional by the provision of extraordinary service;

XII-other additional gratuities, or complimentary remunerative plots of any origin or nature; and

XIII-values or advantages incorporated into remuneration by administrative decision, judicial or extension administrative decision-making, of a general or individual nature, yet arising from a judicial sentence carried forward on trial.

Art. 161. The limitations to disposals conveyed in this Act do not imply revocation of specific standards in which they are more restrictive.

Art. 162. The servers that on August 28, 2008 were found to be yielded, in accordance with the then-beholdant legislation, will be able to stay in that condition until the end of the deadline stipulated in the assignment act and, still, have the assignment renewed 1 (one) time by the deadline of up to 1 (one) year.

Single paragraph. In the event that the assignment act does not provide a deadline, it shall be considered as the final date August 31, 2009.

Art. 163. Limitations to the exercise of other activities by the servers, set out in this Law, do not imply remoteness of constant restrictions of other norms.

Art. 164. They are created, for gradual provisioning, in the Personnel Frame:

I-of the Ministry of the Planning, Budget and Management, 200 (two hundred) Planning and Budget Analyst posts of the Planning and Budget Carrier, of which it treats the Provisional Measure n^o 2.229-43, of September 6, 2001; and

II-of the Union Public Defensoria:

a) 7 (seven) posts of Special Category Public Defender;

b) 20 (twenty) posts of First Category Public Defender; and

c) 173 (one hundred and seventy three) posts of Second Category Public Defender.

Art. 165. The total Public Defender positions of the Public Defender Career Public Defender, as of the date of publication of the Interim Measles n^o 440, of August 29, 2008, becomes 481 (four hundred and eighty and one) posts, thus distributed:

I-41 (forty-one) posts of Special Category Public Defender;

II-76 (seventy-six) posts of First Category Public Defender; and

III-364 (three hundred and sixty-four) posts of Second Category Public Defender.

Art. 166. They get created in the Federal Police career that they treat art. 1^o of the Decree-Law n^o 2,251, of February 26, 1985, and the Law n^o 9,266, of March 15, 1996:

I-500 (five hundred) posts of Federal Police Delegate;

II-300 (three hundred) positions of Federal Criminal Perito;

III-750 (seven hundred and fifty) positions of Federal Police Agent;

IV-400 (four hundred) posts of Federal Police Office; and

V-50 (fifty) posts of Federal Police Papiloscopist.

Paragraph single. (VETADO)

Art. 167. (VETADO)

Art. 168. (VETADO)

Art. 169. They are revoked:

I-the arts. 9^o, 10 and 11-A of the Law n^o 9,650, of May 27, 1998;

II-the arts. 8^o, 8^o-A, 9^o, 10, 13, 13-A, 15, and 16 and the Annexes VII, VII-A, VIII and VIII-A of the Interim Measlant n^o 2.229-43, of September 6, 2001;

III-the arts. 7^o, 8^o, 15 and 21 and the Annexes IV-A, and VI of the Law n^o 10,593, of December 6, 2002;

IV-the arts. 2^o, 3^o, 4^o, 5^o, 6^o, 7^o, 8^o, 9^o, 9, 11, 13, 12, 13, 14, 14-A, 15, 15 and 16 and Annex II to the Law n^o 10,910, of July 15, 2004;

V-os arts. 7^o to 15 and Annex IV to Law n^o 11,094, of January 13, 2005;

VI-o art. 2^o of Law n^o 11,344, of September 8, 2006; and

VII-o art. 20 of Law n^o 11,356, of October 19, 2006.

Art. 170. This Act comes into force on the date of its publication.

Brasilia, December 24, 2008; 187^the of Independence and 120^o of the Republic.

LUIZ INÁCIO LULA DA SILVA

Paulo Bernardo Silva

Law No. 11890, December 24 2008

Original Language Title: Lei nº 11.890, de 24 de Dezembro de 2008

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