PROVISIONAL MEASURE NO. 295, OF May 29, 2006.

Disposes on the restructuring of the Specialist Careers of the Central Bank of Brazil, of the Higher Education and Mystery Magazine of 1º and 2º Graus and of the remuneration of these careers, das Careers of the Science and Technology Area, the Federal Agrilivestock Fiscal and the posts of the area of support for the federal agri-livestock surveillance, extends the Performance Gratification of Agrohusbandry Supervisory Technical Activity-GDATFA to the Laboratory and Auxiliary Lab Technician's Office of the Ministry of Agriculture, Livestock and Supply, creates the Performance Gratification of Execution Activity and Technical Support for Auditing in the National Department Audit of the Single Health System-GDASUS, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives him the art. 62 of the Constitution, adopts the following Provisional Measure, with force of law:

Carrier de Specialist of the Central Bank of Brazil

Art. 1º The Law No. 9,650, of May 27 of 1998, pass the vigour with the following essay:

?Art. 3º Are assignments of the holders of the post of the Brazilian Central Bank Analyst:

I-formulation, execution, follow-up and control of plans, programs, and projects concerning:

a) management of international reserves;

b) monetary policies, currency and creditworthiness;

c) coin issue and paper-moed;

d) management of financial institutions under special regimes;

e) organizational development; and

f) management of information and knowledge;

II-management of the target system for inflation, of the payment system Brazilian and the services of the circulating medium;

III- monitoring of external liability and the proposition of the interventions required;

IV-supervision of the Financial System, comprising:

a) organization and the discipline of the system;

b) direct surveillance of financial institutions and of the remaining institutions authorized to operate by the Central Bank of Brazil;

c) indirect monitoring of financial institutions, of banking conglomerates, of credit unions, of credit societies to the micro-entrepreneurial, from consortium trusts, from foment agencies, from too many independent financial entities and from financial conglomerates that do not own among their companies banks of any kind;

d) prevention of currency and financial wrongdoers;

e) monitoring and analysis of the regularity of the functioning of institutions subject to the regulation and surveillance of the Central Bank of Brazil;

f) proposal to initiate punitive administrative procedure applied to the institutions subject to the regulation and surveillance of the Central Bank of Brazil; and

g) analysis of projects, business plans, and authorizations related to the functioning of institutions subject to the supervision of the Central Bank of Brazil;

V-elaboration of studies and researches related to:

a) economic policies;

b) monitoring of the balance of payments;

c) performance of the financial institutions authorized to function in the Country; and

d) regulation of matters of interest of the Central Bank of Brazil;

VI-formulation and proposition of policies, guidelines and courses of action regarding the strategic management of organizational processes;

VII-surveillance of the operations of the circulating medium carried out by custodians of cash;

VIII- drafting of reports, opinions and of proposals for normative acts concerning the assignments provided for in this article;

IX-realization of the internal audit activities;

X-elaboration of econo-financial information;

XI-development of activities in the area of technology and information security aimed at development, prospection, evaluation and the internalization of new technologies and methodologies;

XII -development of activities pertinent to the areas of budgeting and budgetary and financial, accounting and auditing, bidding and procurement, material resource management, heritage and documentation and management of persons, structure and organization;

XIII-representation of the Bank Central Brazil to government bodies and to international institutions, re-salvaged the privative competences of the Prosecutors of the Central Bank of Brazil; and

XIV-acting on other activities linked to the competencies of the Central Bank of Brazil, reaped those deprivatists from the Prosecutors of the Central Bank of Brazil.

Single paragraph. They are assignments still from the post of the Analyst of the Central Bank of Brazil, in general character, the planning, organization and follow-up of the execution of the activities foreseen in the art. 5º.? (NR)

?Art. 5º Are assignments of the holders of the post of the Brazilian Central Bank Technician:

I-development of technical and administrative activities complementary to the attributions of the Analysts and Prosecutors of the Central Bank of Brazil;

II-technical-administrative support for the Central Bank Analysts and Prosecutors of the Brazil with regard to the development of its activities;

III-execution of support activities and technical support necessary for the fulfillment of the competences of the Central Bank of Brazil which, for involving secrecy and security of the Financial System, cannot be outsourced, in particular those pertinent to the areas of:

a) technology and information security aimed at development, prospecting, evaluation and internalization of new technologies and methodologies; and

b) programming and budgetary and financial, accounting and auditing, bidding and procurement, of material resource management, of heritage and documentation and management of people, structure and organization;

IV-operation of the computational complex and the teleprocessing network of the Central Bank of Brazil;

V-supervision of the execution of support activities and outsourced technical support;

VI-care and orientation to the general public on subjects of competence of the Central Bank of Brazil proceeding, when it is the case, the analysis and forwarding of complaints and complaints;

VII-realization of technical and administrative activities complementary to the operations related to the circulating medium, such as:

a) distribution of cash to the banking network and institutions custodians;

b) cash analysis procedures suspect or damaged;

c) monitoring of the processing automated cash; and

d) monitoring and execution of the conference events and destruction of cash;

VIII -elaboration of calculations, when requested, in the processes concerning administrative and judicial litigation;

IX-execution and supervision of the institutional security activities of the Central Bank of Brazil, especially with regard to the services of the means circulating and the protection of internal authorities of the Central Bank of Brazil; and

X-development of other activities of the same nature and level of complexity.

§ 1º In the exercise of the assignments of which it treats inciso IX, the servers are allowed to drive vehicles and to pore firearms, in the entire national territory, observed the necessary technical habilitation and, in what couber, the discipline set out in the Act no 10,826, of December 22, 2003.

§ 2º The exercise of the prerogative provided for in § 1º concerning the possession of firearms will occur in the form and conditions fixed by the Federal Police Department.

§ 3º The exercise of the activities referred to in the inciso IX, shall not preclude the indirect execution of the tasks, upon contract, in the form of the specific legislation.? (NR)

?Art. 10. .................................................

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III-thirty percent for up to twenty percent of the staffing frame of each job.

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Art. 12. Observed the provisions of the art. 62 of the Law no 8,112, of December 11, 1990, the Commissioned Functions of the Central Bank-FCBC, of deprivative exercise by servers of the Central Bank of Brazil, are in the quantitative, values and distribution set out in Annex IV of this Law.

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?Art. 15. The Central Bank of Brazil will maintain health care system of its servers, active and inactive, and its dependents and pensioners, upon accession of the beneficiaries, costed by budgetary allocations from the Central Bank of Brazil and monthly contribution of the participants.

§ 1º A monthly contribution of active, inactive server or pensioner will be one percent to three percent of your remuneration, provenance or pension, and the contribution relative to the unpresumed dependents will be one percent to five percent of the remuneration or provenance of the contributing server.

§ 2º The budgetary allocations of the Central Bank of Brazil, intended for the maintenance of the system of which it treats the caput, will be equivalent to the forecast revenue with the contribution of the participants.

§ 3º In the occurrence of deficit in the system of which it treats the caput, the Central Bank of the Brazil will be able to use source of resources available for its coverage.

§ 4º The directorate of the Central Bank of Brazil will define the health care system's operating standards of which it treats this article.? (NR)

Art. 2º Annex II to the Act 9,650, 1998, passes the invigoration on the terms of the Annex I of this Provisional Measure, producing financial effects from the dates specified in the said Annex.

Art. 3º The Annex IV to the Act no 9,650, 1998, passes the invigorate under Annex II of this Interim Measuring, producing financial effects from 1º January 2006.

Superior Magister Carrier

Art. 4º The Superior Mystery Career, belonging to the Single Plan of Classification and Retribution of Cargos and Jobs, of which it treats the Act No 7,596, of April 10, 1987, gets restructured, from 1º May 2006, in the form of Annex III, in five classes:

I-Professor Titular;

II-Associate Professor;

III-Professor Adjoining;

IV-Assistant Professor; and

V-Teacher Auxiliary.

Art. 5º Are minimal requirements for progression to the class of Associate Professor, observed the provisions of regulation:

I-being there are, at minimum, two years at the last level of the Adjuncant Professor class;

II-owning the title of Doctor or Free-Docte; and

III-be approved in academic performance evaluation.

Paragraph single. The academic performance evaluation referred to in the inciso III will be carried out within the framework of each federal institution of education by bench examiner constituted especially for this purpose, observed the general criteria established by the Ministry of Education.

Art. 6º The basic salary to which you jus the lecturer member of the Higher Mystery Career will be increased by the following percentage, as to the titration, as of 1º January 2006:

I-seventy five percent, in the case of owning the title of Doctor or Book-Docte;

II-thirma and seven comma five percent, at the Master's degree;

III-eighteen percent, in the certificate of specialization; and

IV-seven comma five percent, in the certificate of improvement.

Paragraph single. Act of the Executive Power shall discipline the criteria for the recognition of specialization and improvement of which they treat incisors III and IV.

Art. 7º The basic maturity values of the Superior Mystery Career pass to be the constants of Annex IV of this Interim Measuring, producing effects from 1º May 2006.

Single paragraph. The basic maturity patterns of the exclusive dedication regime set out in Annex IV correspond to that of the forty weekly plus-hour regime plus fifty five per cent

Art. 8º The Annex to the Act no 9,678, of July 3, 1998, passes the vigour in the form of Annex V of this Measure Provisional, with financial effects as of 1º July 2006.

Art. 9º O § 1º of the art. 5º of the Law no 9,678, from 1998, passes the invigorate, from 1º July 2006, with the following essay:

? § 1º In the impossibility of calculating the average referred to in the caput of this article, the gratification of which treats this Act will be paid to retirees and to pension recipients in the value corresponding to 115 (one hundred and fifteen) points.? (NR)

Art. 10. The accruals of maturities arising from the titration will not be cumulatively realized.

Mystery Carrier from 1º and 2º Graus

Art. 11. The Career of Mystery of 1º and 2º Graus of the Single Plan of Classification and Retribution of Cargos and Jobs of which it treats Law No. 7,596 of April 10, 1987 is structured, from 1º February 2006, in the form of Annex VI, in six Classes:

I-Class A;

II-Class B;

III-Class C;

IV-Class D;

V-Class E; and

VI-Special Class.

Paragraph single. Each Class comprises four levels, assigned by the numbers from 1 a to 4, except the Special Class, which has one level.

Art. 12. The ticket in the Mystery Magazine of 1º and 2º Graus will be at the initial level of Classes C, D or E, upon habilitation in public tender of proofs and titles, only may occur in level 1 of these Classes.

§ 1º For investiture in charge of the career of which it treats the caput will require:

I-specific habilitation obtained in Full Graduate Degree or equivalent legal habilitation, for admission to the Class C;

II-course of Specialization, for ingress to Class D;

III-degree of Master, or Doctor's title, for ingress in Class E.

§ 2º The institution may prescind from the observance of the predicted prerequisite in inciso III in relation to areas of knowledge whose exceptionality is recognized by the competent Superior Council of the federal institution of education.

Art. 13. The progression in the Mystery Career of 1º and 2º Graus will occur, exclusively, by titration and academic performance, in the terms of portaria expedited by the Minister of State for Education:

I-from one level to another, immediately higher, within the same Class; or

II-from one to another Class.

§ 1º The progression of which treats inciso I will be done after the compliance, by the lecturer, of the two-year interstrosis at the respective level, upon performance evaluation, or interstrosis of four years of activity in public organ.

§ 2º The progression predicted in the inciso II will be, regardless of the interstice, by titration or upon academic performance evaluation of the lecturer who does not obtain the required titration, but who is at least two years ago on level 4 of the respective Class or with interstice of four years of activity in public organ, except for the Special Class.

§ 3º The progression of professors belonging to the Mystery Career of 1º and 2º degrees to the Special Class will occur upon performance evaluation of those who are positioned at Class 4 level E and who possess the minimum of:

I-eight years of effective Mystery Exercise in federal educational institution or from the extinct Federal Territories of the Acre, Amapá, Rondônia and Roraima, when bearers of Master or Doctor title;

II-fifteen years of effective exercise of Magistrate in federal educational institution or of the extinct Federal Territories of Acre, Amapá, Rondônia and Roraima, when carriers of a diploma in Specialization, Improvement or Graduation.

Art. 14. The functional progression for the Special Class of the servers that possess academic titration lower than the undergraduate and are positioned at Class 4 of Class E may occur if:

I-have entered the Mystery Career of 1º and 2º Graus up to the date of publication of this Provisional Measure; e

II-possessing the minimum of fifteen years of effective Mystery Exercise in Institution of federal education or of the extinct Federal Territories of Acre, Amapá, Rondônia and Roraima.

Art. 15. The current occupants of positions of the Class of Professor Titular of the 1º Mystery Career and 2º Graus, of which it treats the Law no 7,596, from 1987, go on to compose the Special Class.

Paragraph single. Those who have retired on the condition that it treats the caput and pension recipients whose institutor found themselves in that condition do jus to the perks pertaining to the Special Class.

Art. 16. The servers retiring at level 4, Class E, and pension recipients whose institutor found themselves in that situation will be able to realize the advantages pertaining to the framework in the Special Class, upon option, as long as they have met the constant requirements of the incisos I and II of § 3º of the art. 13 or the art. 14 of this Provisional Measure, up to the date of the passage to the inactivity.

Single paragraph. The option that it treats the caput will entail the renunciation of the advantages built up by force of the art. 184 of Law No. 1,711, of October 28, 1952, and of art. 192 of Law No. 8,112, of December 12, 1990.

Art. 17. The basic maturity patterns of the Mystery Career of 1º and 2º Graus become the constants of Annex VII of this Provisional Measure, producing financial effects from 1º February 2006.

Carreiras from the area of science and technology

Art. 18. The value of the basic salary, from the Research Carreiras in Science and Technology, Technological Development and Management, Planning and Infrastructure in Science and Technology, of which it treats Law No. 8,691 of July 28, 1993, becomes the Annex VIII of this Provisional Measure, producing financial effects from 1º February 2006.

Art. 19. As of 1º February 2006, GDACT, instituted by art. 19 of the Provisional Measure No. 2,229 of September 6, 2001, due to the top-level, intermediate and auxiliary level servers, will be assigned depending on the scope of the collective performance targets and the scope of the institutional performance targets fixed in act of the maximum officer of the organ or the entity.

§ 1º The performance evaluation collective aims to afer the performance of the set of servers of each of the units of the body or entity, in the exercise of the tasks of the office or function, to the scope of the institutional performance targets of the body or entity.

§ 2º Institutional performance evaluation aims to affer the reach of the goals organizational by the organ or entity.

§ 3º The criteria, periodicity and the collective and institutional assessment and allocation procedures of GDACT will be established in regulation.

Art. 20. GDACT is due to the top-level, intermediate and auxiliary servers in the percent, from 1º February 2006, of up to thirty percent, incident on the basic server maturity, as a result of the results of the evaluation of collective performance, and of up to twenty percent incident on the highest basic salary of the post, as a result of the results of the institutional evaluation.

Art. 21. As of 1º February 2006, the Science and Technology Activity Performance Gratification-GDACT, instituted by art. 19 of the Provisional Measure no 2.229-43, from 2001, will be paid, to the servers that it does jus, by observing the following:

I-from 1º February 2006 to the date of publication of this Provisional Measure the share of GDACT corresponding to the collective performance evaluation will be paid to each server in the value corresponding to the value by it perceived, to the title of the individual plot of GDACT, in January 2006;

II-as of the date of publication of this Provisional Measure and until the GDACT's share of the collective performance evaluation is regulated, of which it treats § 1º of the art. 19, shall be paid to each server in value corresponds to the average of the values paid, as a result of the individual performance evaluation, to the set of the servers of each organ or entity, referred to in § 1º of the art. 1º of the Law no 8,691, of 1993; and

III-as of 1º February 2006 and until it is regulated, the share of GDACT regarding the evaluation of institutional performance, of which it treats § 2º of the art. 19, will be paid to each server in the value corresponding to the value by it perceived, at the title of the institutional plot of GDACT, in January 2006.

Federal Agrolivestock Fiscal Carrier

Art. 22. The art caput. 4º of the Law no 10,883, of June 16, 2004, goes on to invigorate with the following essay:

?Art. 4º The values of the basic salary standards of the Carrier's posts referred to in art. 1º are those set out in Annex III, with financial effects from the dates specified therein.? (NR)

Art. 23. Annex III to the Act No 10,883, 2004, passes the invigoration in the form of Annex IX of this Provisional Measure, with financial effects from the dates referred to in the Annex.

Cargos from the area of support to the Federal Agri Surveillance

Art. 24. It is extended to the occupants of Laboratory and Auxiliary Laboratory Technician Positions belonging to the Personnel Board of the Ministry of Agriculture, Livestock and Supply-MAP, from 1º February 2006, the grant of the Gratification of Performance of Technical Activity of Supervisory Agri-GDATFA, instituted by the Law no 10,484, of July 3, 2002.

Paragraph single. Due to the provisions of the caput, the servers referenced there cease to make jus to the Performance Gratification of Technical-Administrative Activity-GDATA, of which it treats Law No. 10,404, of January 9, 2002, from the beginning of the perception of GDATFA.

Art. 25. Law No. 10,484, 2002, goes on to invigorate with the following essay:

?Art. 2º .............................................................................................

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§ 1º The GDATFA is for the purpose of encouraging the improvement of quality and the productivity in the actions of the Ministry of Agriculture, Livestock and Supply and the scoring assigned to each server will observe the institutional and individual performances.

§ 2º The global monthly scoring limit of which has each organ or entity, by level, to be assigned to your active servers that make jus to GDATFA and are subject to individual evaluation will correspond to eighty times the number of these servers.

§ 3º Case the application of the assessments exceeds the amount of established points in § 2º of this article, points will be treated statistically, according to the regulation, so as to adjust the distribution and the consequent payment of gratification to the established global limit.

§ 4º Institutional performance evaluation aims to affer the reach of the goals organizational, and may consider priority projects and activities and special working conditions, in addition to other specific characteristics of each organ or entity.

§ 5º Individual performance evaluation aims to affer server performance in the exercise of the tasks of the office or function, with a focus on the individual contribution to the scope of the organizational goals.

§ 6º The occupants of charge of Direction and Advising Superiors of the Group DAS DAS-1 to DAS-4 or equivalent levels will not be assessed individually and will have the corresponding score set by the respective percentage of fulfilment of the institutional goals.

§ 7º The occupants of commissioned positions of Special Nature of the Executive Power and of the Group of DAS-6 and DAS-5 levels, as well as of their equivalents, will perceive GDATFA in value corresponding to the maximum score.? (NR)

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

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II-the value corresponding to 20 (twenty) points, when realized by period lower than 60 (sixty) months.

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Art. 26. The Annex to the Act in Law No. 10,484, 2002, passes the invigorate pursuant to Annex X of this Interim Measuring Act producing financial effects from the specified dates in the said Annex.

Art. 27. The effective posts of Laboratory Technician and Laboratory Auxiliary of the Ministry of Agriculture, Livestock and Supply are restructured, as of 1º February 2006, in classes A, B, C and Special, in the form of the Annex XI.

Art. 28. The positioning of the current occupants of the posts referred to in art. 27 will give it as per the correlation established in Annexes XII and XIII.

Art. 29. The basic salary standards of the posts of which it treats art. 27 pass to be, as of 1º February 2006, the constants of Annex XIV.

Servers in effective exercise in the DENASUS

Art. 30. It becomes created the Performance Gratification of Enforcement Activity and Technical Support for Auditing-GDASUS, due to the occupants of effective fulfillment positions governed by Law No. 8,112 of December 11, 1990, in effective exercise at the Department National Health System Audit Office-DENASUS, of the Ministry of Health, who fulfill weekly work journey of forty hours, while remaining in this condition.

§ 1º Satisfied the conditions set out in the caput, the GDASUS grant will observe the maximum quantitative of beneficiary servers fixed on 750 servers, regardless of the number of servers in exercise at the DENASUS, being:

I-four hundred and ten top-level occupant servers;

II-three hundred and thirty intermediate-level occupant servers; and

III-ten server-level occupant servers of auxiliary level.

§ 2º Respected the global limit set out in § 1º, there may be change in the quantitative set in its incisos, upon the act of the Minister of State of Health, provided that there is numerical compensation from one inciso to another and does not entail increased expense.

§ 3º GDASUS will produce financial effects as of 1º January 2006.

Art. 31. GDASUS will be assigned depending on the individual performance of the server and the institutional performance of DENASUS, based on previously established goals.

§ 1º Individual performance evaluation aims to affirm the performance of the server in the exercise of the assignments exercised in DENASUS, with a focus on the individual contribution to the reach of the organizational goals.

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

§ 3º Regulation will have on the general criteria to be observed for the realization of performance evaluations institutional and individual and the payment of GDASUS.

§ 4º The criteria and procedures specific individual and institutional performance evaluation and GDASUS allocation will be established by the Minister of State for Health, observed the current legislation.

Art. 32. GDASUS will be paid by observing the following limits:

I-maximum, one hundred points per server; and

II-minimum, ten points per server, matching each point to the value set out in Annex XV of this Provisional Measure.

§ 1º The score referring to GDASUS is thus distributed:

I-up to forty percentage points of your maximum limit will be assigned as a result of the results of the individual performance evaluation; and

II-until sixty percentage points will be attributed as a result of the evaluation of the institutional outcome of the DENASUS.

§ 2º The value to be paid for GDASUS title will be calculated by multiplying the summation of the points earned in the institutional and individual performance evaluations by the value of the constant point of Annex XV.

§ 3º For the purposes of assessing institutional targets linked to GDASUS and payment of the corresponding instalment, act of the Executive Power will establish minimum and maximum percentage for consideration of the fulfillment of the targets, with that:

I-assessments below the minimum established percentage will be considered unsatisfactory and the financial consideration will correspond to the percent established in the inciso II of the caput;

II-equal evaluations or higher than the maximum defined percentage as it has this paragraph shall be deemed to be fully satisfactory and will result in the full payment of the institutional instalment; and

III-the percentage of gratification granted in the range between the lower and upper bounds defined by the act normative that it treats this paragraph will be repositioned second proportional and linear distribution in that range.

§ 4º The evaluations referring to the institutional and individual performances will be ascertained semester based on indicators previously set in act of the Minister of State of Health and monitored during each evaluative period and will produce monthly financial effects.

§ 5º The average of the individual performance evaluations of the set of servers of which it treats art. 30, it may not be proportionally superior to the result of the institutional performance evaluation of DENASUS.

§ 6º GDASUS will be sued in the subsequent month to the end of the evaluative period and its financial effects will start in the month following that of processing the evaluations.

Art. 33. Even the editing of the acts referred to in § § 3º and 4º of the art. 31, GDASUS will be paid to the servers in exercise at DENASUS, which to it do jus, on the values corresponding to eighty points per server, observed the value of the Annex XV constant point.

Art. 34. From the first day of the month in which the institutional performance targets of the DENASUS are fixed and until the results of the respective performance evaluation are processed, they may be anticipated up to eighty percent of the maximum value of the GDASUS, as per the level of the office, observing, in this case:

I-the existence of budgetary and financial availability for the realization of spending; and

II-the compensation of the anticipation granted in the payment of the said gratification within the same financial year.

Paragraph single. In the impossibility of the full compensation of the anticipation granted in the form of the inciso II, the remaining balance should be compensated in the figures due in each month in the following financial year, until the discharge of the residual.

Art. 35. GDASUS will not be able to be paid cumulatively with any other performance gratuities by activity or productivity, regardless of their denomination or calculation basis.

§ 1º It is ensured to the server that perceives gratification of activity or productivity performance in due process of the exercise of the respective effective post, whatever your denomination or basis of calculation, opt for the continuity of your receipt, hypothesis in which you will not make jus à GDASUS.

§ 2º Until it is processed its first performance evaluation, the server that passes jus to GDASUS perceive, among the following situations, to which to produce more beneficial financial effects:

I-in relation to the GDASUS plot calculated on the basis of the individual assessment, one third of the respective maximum percentage, sensing it allotted the same value due to the rest servers with regard to the institutional repayment of the said gratification; or

II-o value of the gratification of activity or productivity performance to which it was jus due to its effective post, received on the date prior to that in which it went on to make jus to GDASUS.

Art. 36. GDASUS will integrate retirees ' and pensions only when perceived by the server in the exercise of the office at least sixty months and will be calculated, for that purpose, by the arithmetic mean of the values perceived by the server in the last sixty months prior to retirement or the institution of the pension.

§ 1º The interstice required in the early part of the caput does not apply to cases of:

I- retirements that occur by force of art. 186, incisos I and II, of Law 8,112, of 1990; or

II-departments, in the interest of the administration, for mission or study abroad, or to serve in an international body.

§ 2º The arithmetic mean to which refers to the final part of the caput will be ascertained on the basis of the period:

I-occurred between the institution of gratification and the month prior to the effective retirement, in the hypothesis that it treats the inciso I do § 1º; or

II-of twelve months of perception of the gratuities, subsequent to the return of the server, in the inciso II hypothesis of § 1º.

§ 3º The instalment incorporated into the probate based on the willing in the caput of this article can not be cumulatively realized with the built-in installment due to the receipt of gratification of activity or productivity performance, regardless of their denomination or calculation basis, provided the right of option by the incorporation to the most advantageous portion of the parcel.

§ 4º In the case of occurring the retirement or pension institution before taking the period marked in the caput, GDASUS will be paid in the thirty percent of the maximum value of the gratification as per the level of the office.

Art. 37. It will be instituted performance evaluation committee within DENASUS, with the purpose of judging the interposed resources as to the outcome of the individual evaluations.

Art. 38. The Director of DENASUS will forward to the Secretary-Executives of the Ministries of Health and Planning, Budget and Management, up to the first working day of the subsequent month to the processing, simplified reporting discurring about:

I-distribution of the individual evaluations indicating their average and their standard deviation, discriminated by job title and unit;

II-result of institutional goals per unit;

III-enumeration of the projects and activities arising from the setting of targets; and

IV-number of features or processes impeded in the administrative framework against assessments of individual performance.

Art. 39. The Execution and Technical Support activities to the DENASUS Competency Health Audit can be carried out by servers that find themselves in exercise at that Department.

Art. 40. In the hypothesis of the existence of risk situations, resistance or hampering the exercise of the execution assignments and technical support to the health audit, inherent in the competence activities of DENASUS, the server responsible for the ongoing action be able to trigger the specific instances of the Federal Public Power, including the police authorities, in the sense of providing the necessary guarantee to the realization of the works.

Finals and transitional provisions

Art. 41. The application of the provisions of this Provisional Measure, to active servers, inactive and pension beneficiaries will not be able to imply reduction of remuneration, provenance or pension.

§ 1º Constated the reduction of remuneration, provenance or pension arising from the application of the provisions of this Measure Provisional, the difference will be paid for the nominally identified personal advantage title, subject exclusively to the update arising out of general review of the remuneration of federal public servants.

§ 2º In the hypothesis provided for in § 1º, the nominally identified personal advantage will be absorbed on the occasion of the reorganization or restructuring of the remunerative table, of the granting of readjustments, additional, gratuities or advantages of any nature or development in office, as the case.

Art. 42. They shall be repealed:

I-the Law No. 8,243 of October 14, 1991;

II-the Annexes II, II-A, VI, and VI-A, of Law No. 9,367, of December 16, 1996;

III-the single paragraph of the art. 17, the § § 2º and 3º of the art. 20, the art. 20-A, the art. 51, at the point where it gives new essay to the arts. 3º and 15 of the Law No. 9650 of May 27, 1998, the art. 52, Annex IX, and Annex XII, all of the Provisional Measure no 2.229-43, of September 6, 2001;

IV-the art. 3º and the Table? a? of Annex I to the Act No 10,405 of January 9, 2002;

V-the arts. 3º and 4ºda Law No. 11,036, of December 22, 2004; and

VI-the art. 1º, at the point where it gives new essay to art. 20-A of the Provisional Measure no 2.229-43, of September 6, 2001, the art. 20, and Annex V, all of Law No. 11,094, of January 13, 2005.

Art. 43. This Interim Measure takes effect on the date of its publication.

Brasilia, May 29, 2006; 185º of Independence and 118º Republic.

LUIZ INACIO LULA DA SILVA

Paulo Bernardo Silva

Roberto Rodrigues

Fernando Haddad

José Agenor Álvares Álvares da Silva

Sérgio Machado Rezende

Henrique Meirelles