Key Benefits:
LEI NO. 10,486, OF July 4 OF 2002
Dispose about the remuneration of the military of the Federal District and gives other arrangements.
THE PRESIDENT FROM THE REPUBLIC
I get to know that the National Congress decrees and I sanction the following Law:
CHAPTER I
DA REMUNERATION
SECTION I
From the composition and from the Right
Art. 1º The remuneration of the military of the Federal District-Police Military and Military Firefighters, compose from:
I-soldo;
II-additional:
a) of Posto or Graduation;
b) of Professional Certification;
c) of Military Operations;
d) of Service Time, observed the art. 62 of this Act;
III-gratuities:
a) of Representation;
b) of Special Nature function;
c) of Voluntary Service.
Paragraph single. The soldo tables, additional and gratuities are the constants of the Annexes I, Il, and III of this Law.
Art. 2º In addition to the remuneration set out in art. 1º of this Act, the military of the Federal District has the following pecuniary rights:
I- observed the definitions of art 3º of this Law:
a) daily;
b) transport;
c) help cost;
d) aid-fardment;
e) aid-feeding;
f) aid-dwelling;
g) aid-natality;
h) aid-disability;
i) aid-funeral;
II? observed the specific legislation:
a) preschow assistance;
b) salarium-family;
c) additional vacations;
d) additional natalino.
Paragraph single. The representative values of the rights provided for in this article are those set out in specific legislation or constants in the tables in Annex IV.
Art. 3º For the effects of this Act, it is understood as:
I-weld-basic monthly instalment of the remuneration and the likely ones, inherent in the rank or graduation of the military and is irreducible, as per Table I of Annex I;
II-additional Posto or Graduation-monthly remunerative parcel due to the military, inherent in each hierarchical circle of the military career, as constant from Table I of Annex II;
III-additional Professional Certification-monthly remunerative parcel due to the military, inherent in the courses carried out with use, as per Table II constant of Annex II and regulated by the Government of the Federal District;
IV-additional Operations Military-monthly remunerative parcel owed to the military by the performance of military operations and for compensation of organic wear and psychosomatic damage arising from the performance of the technical-professional activities in the respective Tables, as constant in Table III of Annex II;
V-additional Service Time-parcel monthly remunerative paid due to the military, inherent in the time of service, observed the provisions of the art. 62 of this Act and as per the constant of Table IV of Annex II;
VI-gratification of Representation-monthly remunerative plot due to the active and inactive military, the title of representation, as constant from Table I of Annex III;
VII-gratification of function of special nature-monthly remunerative plot due to the military in charge of function of special possible nature, and may not be accumulable with the gratification of voluntary service or any other remuneration arising from the exercise of commissioned function, as per the Table II constant of Annex III and regulated by the Government of the Federal District;
VIII-gratification of Voluntary Service-remunerative parcel due to the military who voluntarily, during his period off, present yourself for the service of policing, fire prevention and rescue, pre-hospital care or public safety of major events or claims, with a journey not less than 8 (eight) hours, at convenience and need for the Administration; as regulation to be lowered by the Federal District Government;
IX-daily-pecuniary law due to the military that moves away from the headquarters, in service of eventual character, to another point of the national territory or abroad, paid adianly, intended to cover the corresponding expenditure of poured land, food and urban locomotion using the parameters set out in the federal legislation and as regulations under the respective Corporations;
X-transport-right pecuniary due to the military for costing transportation expenses, when these are not carried out on account of any other body or entity, in the moves and travels for the interest of the service or administrative convenience, including the need for hospital internation arising out of medical prescription using the parameters set out in the federal legislation and as per regulation of the Federal District Government;
XI-aid of cost-pecuniary duty due to the military, paid off in advance, which moves away from its registered office, on grounds of service, as Table I of Annex IV of this Act, to costing of locomotion and installation expenses, except for those of transport, in the moves out of their headquarters;
XII-food stamp-fardamento-pecuniary law due to the military to cost spent with fardment, as Table II of Annex IV, regulated by the District Government Federal;
XIII-food stamp-monthly pecuniary law due to the military for to cost spent on food, regulated by the Government of the Federal District;
XIV- housing benefits-monthly pecuniary law due to the military, the active and the inactivity, to aid in the expenses with housing for themselves and their dependents, as per Table III of Annex IV, regulated by the Federal District Government;
XV-birth benefits-pecuniary law due to the military by reason of child birth, as Table IV of Annex IV;
XVI-invalidity-pecuniary law due to the military in the inactivity, restrained as invalid, by inability for active service, as Table V of Annex IV;
XVII-funeral stamp-pecuniary law due to the military by death of the spouse, the companion or companion, recognized alongside the Corporation or the dependent, or still to the beneficiary in the case of demise of the military, as Table VI of Annex IV.
Art. 4º The remuneration and the props of the military are not subject to attachment, hijacking or otherwise, except in the cases specifically provided for in law.
Art. 5º The right of the military to remuneration has started on the date:
I-do of the act of the promotion, for the Officer;
II-of the act of the declaration, for the Aspirant-a-Official;
III-from the act of promotion to Officer, to the Sub-Lt.;
IV-of the act of promotion or engagement, for the remaining squares;
V-do ingress, for the volunteers;
VI-from the presentation, when from the initial appointment to any post or graduation;
VII-of the registration act for the students of the schools, officer and squaring centres, and congeners.
Paragraph single. In the cases of retroactivity, the remuneration is due from the dates stated in the respective acts.
Art. 6º temporarily Suspend the right of the military in activity, to remuneration and other pecuniary rights, when:
I-on leave to deal with particular interest;
II-in the situation of defector;
III-in the period of unjustified absence, perceiving, in that situation, the weld, the additional rank or graduation, of professional certification and that of Service Time, if make jus to this one;
IV-in the fulfilment of restrictive penalty of equal freedom or, greater than 2 (two) years, by sentence carried forward on trial, by the felony offence of a doleful nature, perceiving in that situation the weld, the additional rank or graduation, of professional certification, of the time of service to which he makes jus and the housing benefits, while it lases the execution, excluded the period of its conditional suspension;
V-aggregate, to exert strange activities to the Corporation; be in office, employment or temporary non-elective public function, albeit in the indirect Public Administration, respected the right of option for the remuneration corresponding to the rank or graduation.
§ 1º The military that use of the right of option for remuneration makes jus to the monthly representation of the job, employment or temporary public function, leaving to notice the additional of military operations, the gratification of representation and the benefit-fardment.
§ 2º The military who uses the right of option for the full remuneration of the commissioned office does not will make jus at soldo, by being assured of the additional rank or graduation, of professional certification and that of service time, if you do jus to this.
Art. 7º-The right to remuneration in cessa activity when the military is shut off from the active service of the Corporation, by:
I-cancellation of ingress, licensing, or dismissal;
II-deletion, expulsion or loss of the rank and rank or graduation;
III-transfer to the reserve or reform;
IV-demise.
§ 1º The military, while not going off, will continue to perceive remuneration in active duty until the publication of the effectivation of its shutdown, which will not be able to surpass 45 (forty and five) days of the date of the official publication of the respective act.
§ 2º The remuneration to which would make jus in life the deceased serviceman will be paid to his habilitated beneficiaries until the completion of the process regarding the military pension.
Art. 8º When the military is found to be missing or strained, in the terms set out in the Laws No-7,289, of December 18, 1984 and No 7,479, of June 2, 1986, your remuneration or probate will be paid to those who would be entitled to your military pension.
§ 1º In the case provided for in this article, decorations 6 (six) months will begin to enable the beneficiaries to the military pension, by ceasing the payment of the remuneration or the proceeds when the payment of the same.
§ 2º Reappearing the military will fit you, if it is the case, the mishandling of the erarium, of the difference between the remuneration or the orderings to which they would make jus and the pension paid to their beneficiaries.
SECTION II
Das Diaries
Art. 9º The daily comprised of percentage destined for the pousada, feeding and locomotion.
Paragraph single. The daily is due for half on the day of arrival and in the offsets that do not require overnight.
Art. 10. It is incumbent upon the Commander of the respective Corporation to determine the payment of the daily ones to which it makes jus the military.
Paragraph single. In cases where the military does not follow fate or interrupt the mission is expected to ressarate the erarium in 72 (seventy-two) hours.
Art. 11. They will not be assigned daily to the military:
I-when the payment of the expenses runs by account of the Corporation or any other body and entity;
II-in the period of 30 (thirty) days upon receipt of the cost aid in ida;
III-in the period of 30 (thirty) previous days upon their return to the head office, in cases where they make jus at the aid of cost;
IV-cumulatives with the food stamp;
V-when the authorization for the removal of the headquarters occurs without burden to the public coffers.
SECTION III
From the Help of Cost
Art. 12. You will not be entitled to the cost aid the military:
I-bussed by self-interest;
II-off course or school for lack of use, on request or by trancment volunteer tuition;
III-when the payment of the expenses run on account of the Corporation or by any other body and entity;
IV-when the authorization for the departure from the head office occurs without burden to the public coffers.
Art. 13. It will be due to the restitution of the cost aid by the military that there is received, in the following circumstances and conditions:
I-fully, at one time, when it cetes to follow destination at your request;
II-for half the value received and at one time when, up to 6 (six) months after having followed fate, there has been, on request, dispensed, licensed or exonerated;
III-for half of the value, upon parceled discount, when not following target by reason independent of its will, inclusive of licenses for treatment of own or family health.
Art. 14. When the military receives, in advance, cost aid lower than it would be entitled to do jus at difference.
Art. 15. The cost aid will not be restituted by the military or its heir, when:
I-after having followed by fate, is sent back;
II-occur the demise of the military, even before of following target.
Art. 16. The dependents with right to transport who, for any reason, do not accompany the military on the same trip will be able to do so up to 3 (three) months after the move.
Paragraph single. Occurring the circumstance of the caput, the military should communicate it to the competent authority.
SECTION IV
Da Remuneration in Exterior
Art. 17. It considers itself in service abroad the military in activity, outside the Country, designated to perform functions framed in one of the following missions:
I-in-charge or participant of special missions;
II-member of delegation, entourage, or representation of a military, technical-professional or sporting nature;
III-in-charge or participant of other missions.
Art. 18. The military on special mission abroad will have its remuneration calculated in foreign currency, during the period between the exit and return dates to the national territory, as it expended regulations to be lowered by the Government of the Federal District.
Single paragraph. As long as there is no regulation, the prevailing standards will be applied on September 5, 2001.
CHAPTER II
DOS PECUNIARY RIGHTS WHEN PASSING DOWN TO INACTIVITY
Art. 19. The military by being transferred to paid inactivity in addition to the rights provided for in the arts. 20 and 21 of this Act, makes jus to the value pertaining to the full period of the vacations to which you are entitled and, to the incomplete, in the ratio of 1/12 (one twelve avos) per month of effective service, being considered to be full month, the fraction equal to or more than 15 (fifteen) days.
Single paragraph. The rights provided for in this article are granted to the beneficiaries of the military pension in the case of the demise of the military in active service.
CHAPTER III
DOS PROVENTS IN INACTIVITY
Art. 20. The proceeds in the gainful inactivity are constituted of the following plots:
I-soldo or sold-out quotas;
II-additional Posto or Graduation;
III-additional Professional Certification;
IV-additional Military Operations;
V-additional of Service Time;
VI-gratification of representation.
§ 1º For the purpose of computations, the ordeals are integral or proportional:
I-integrals, calculated on the basis of soldo; and
II-proportional, calculated on the basis of shares of the weld, corresponding to 1/30 (one thirty avos) of the value of the weld, per year of service.
§ 2º Applies the provisions of this article to the calculation of the military pension.
§ 3º The military transferred to the paid booking ex officio, for there being reached the age limit of stay in activity, in the respective post or graduation, is entitled to the full soloform.
§ 4º The proofs of the military transferred to the inactivity will be calculated on the basis of the remuneration corresponding to the effective office in which the act of his handover has been given.
Art. 21. In addition to the rights provided for in art. 20, the military in gainful inactivity does jus a:
I-add-natalino;
II-stamp-benefits-invalididez;
III-preschovid assistance;
IV-salarium-family;
V-stamp-natality;
VI-moral stamp-moradia;
VII-funeral stamp.
Paragraph single. Any differences in the grounds of § 4º of the art. 20 will be paid for the title of nominally identified personal advantage.
Art. 22. Suspend the right of the inactive military to the perception of probate, when to return to the active, summoned or designated for the performance of office or commission in the respective Corporation in the form of the legislation in force, as of the date of its submission, staying guaranteed the non-reduction of the orderings.
Art. 23. Cesses the right to the perception of the sents in the inactivity on the date:
I-of the passing of the military;
II-of the act that deprives the Officer of the rank and rank;
III-from the act of exclusion to the good of the discipline, to the square.
CHAPTER IV
DOS INCAPACITATED
Art. 24. The incapacitated military will have its orderings calculated on the weld integral of the rank or graduation in which it was reformed, in the form of the legislation in force and the additional and aid to which it makes jus, when restrained by the following reasons:
I-injury received in service or maintenance of order and public safety or by infirmity contracted in that situation or that in them has its efficient cause;
II-accident at service;
III-disease having cause and effect relationship with the service;
IV-by professional molecule, serious disease, contagious or incurable, as long as it makes the military total or permanently invalid for any work.
§ 1º Considerate serious diseases, contagious or incurable, the one that refers to the inciso IV of this article, active tuberculosis, mental alienation, multiple sclerosis, malignant neoplasia, posterior blindness to the military service, hanseniasis, severe cardiopathy, Parkinson's disease, irreversible and crippling paralysis; ankylosin spondyolartrose, severe nephropathy, advanced states of Paget's evil (osteitis deformante), pénfigo, Acquired Immunodeficiency Syndrome (AIDS), and others that the law indicates, based on medicine specialized.
§ 2º The proceeds will be proportional in those of more cases.
§ 3º In inactivity, the military that comes to acquire one of the diseases described in § 1º of this article, since declared by the Medical Board of the Corporation, you will be entitled to the review of your orderings, under the conditions set out in the caput or in the art. 26.
Art. 25 The military's restrained by disability arising from accident or illness with no cause and effect relationship with the service, re-salvaged the cases of the inciso IV of the art. 24, will perceive the orderings in the limits imposed by the computable service time for the inactivity, observed the conditions set forth in the art. 24.
CHAPTER V
OF THE STAMP-disability
Art. 26. The military judged incapable definitively for one of the constant motifs in the art. 24 shall be entitled to the invalidity stamp, provided that it is deemed to be full and permanently invalid, for any work, and may not provide the means of subsistence and shall still satisfy one of the conditions specified below, declared by Medical Board of the Corporation:
I-require permanent hospitalization;
II-necessitating assistance or permanent nursing care.
§ 1º For continuity of the right to the receipt of the disability stamp, the military will be subject to present annually declaration that it does not exercise any public or private paid activities and, at the discretion of the Administration, periodically submit the inspection of control health. In the case of mentally ill military, the statement is to be affirmed by two officers of the respective Corporation's active duty.
§ 2º The invalidity stamp will be suspended automatically, by the competent authority, if it is verified that the benefited serviceman exerts or has exercised, upon receipt of the aid, any paid activity, without prejudice to other possible penalties, as well as if, in health inspection, it is found not to be found in the conditions cited in this article.
§ 3º The military in the inactivity that contracts one of the diseases of art. 24 § 1º, declared by Joint Medical Board of the Corporation, will make jus to the disability stamp.
CHAPTER VI
DOS DESCONTOS
Art. 27. Discounts are the rebates that may suffer the remuneration or the orderings of the military for fulfillment of obligations assumed or imposed by virtue of provision of law or regulation.
§ 1º The discounts may be mandatory or authorized.
§ 2º The mandatory discounts have priority over the authorized ones.
§ 3º In the application of the discounts, the military will be unable to receive amount of less than 30% (thirty percent) of its remuneration or probate.
Art. 28. They are mandatory discounts from the military:
I-contribution to the military pension;
II-contribution to the medical-hospital, dental, psychological, and social assistance of the military;
III-indemnification for the provision of medico-hospital assistance to dependents by means of military organization, as regulations;
IV-imposed incidents on the remuneration or the proceeds, according to the Act;
V-indemnification to the Public Finance in debt due to debt;
VI-judicial alimony;
VII-rate of use by occupancy of a residential national or the Federal District, as per regulation;
VIII-fine for irregular occupancy of either the residential national or the Federal District, as per regulation;
IX-arising from court decision.
Art. 29. Authorized discounts are those effected in favor of consigned entities, as per specific legislation.
§ 1º The discounts provided for in this article may not exceed 30% (thirty percent) of the remuneration or the proceeds of the military, rebates the discounts provided for in the art. 28, also focusing on the composition of the consignable margin the pecuniary rights regarding the housing stamp.
§ 2º The Commander-General of each Corporation will establish the criteria and promote the accreditation of the consignees.
CHAPTER VII
OF THE LIMITS OF THE REMUNERATION AND THE PROVINGS
Art. 30. No military, in active or in the inactivity, will be able to perceive monthly, at the title of remuneration or orderings, importance higher than the gross remuneration of the respective Commander-General.
Paragraph single. They are excluded, for the purposes of applying this article, the inherent values:
I-to the additional Time of Service, observed the art. 62 of this Act;
II-to the gratification of Representation;
III-to the gratification of role of Special Nature;
IV-to the gratification of Voluntary Service.
Art. 31. No military or military pension beneficiary can receive, as solder, solder quotas or military pension, value lower than that of the prevailing wage-minimum, sendover pays, as a supplement, the difference found, by passing the weld or pension military for all legal effects.
Single paragraph. The military pension of which it treats the caput of this article is the trunk military pension and not the shares parties resulting from the subdivisions to the beneficiaries.
CHAPTER VIII
DA MEDICO-HOSPITAL ASSISTANCE
Art. 32. Medico-hospital, dental, psychological and social assistance to the military and its dependents will be provided through organizations of the respective Corporation's health service, with resources laid out in its budget, as it expends on Own regulation to be downloaded by the Government of the Federal District.
§ 1º The military and its dependents will be able to receive fulfillment in other hospital, national or foreign organizations, in the following special situations:
I-of urgency or emergency, when the Hospital organization of the Corporation is unable to attend;
II-when the hospital organization of the respective Corporation, does not expend specialized service;
III-Ao inactive and pensioner, will be provided transportation, when there is a need for internation hospital arising out of prescription using the parameters set out in the federal legislation and as per regulation of the Federal District Government
§ 2º The health organization of the Corporation, is intended to cater to the military, its dependents and pensioners.
Art. 33. The resources for medico-hospital, dental, psychological and social assistance to the dependents of the military, will also be able to come from other contributions and reparations, in the terms of the incisos II and IIl of the art. 28 of this Law.
§ 1º The contribution to medico-hospital, psychological and social is 2% a.m. (two percent a month) and will focus, on the weld, sold-out quotas or the military pension's trunk quota.
§ 2º The contribution of which it treats § 1º could be increased by up to 50% (fifty per cent) of its value, for each dependent dependant of the Health Fund, as per regulation of the Commander-General of each Corporation.
§ 3º The contributions and indemniations provided for in the caput of this article will be aimed at the constitution of a Health Fund, which will be regulated by the Commander-General of each Corporation.
§ 4º The indemnity for the provision of medico-hospital assistance to the dependents of which it treats the caput of this article, cannot be superior, as per regulation of the Commander General of each Corporation:
a) to 20% (twenty percent) of the value of the expense for the dependent on the 1º group;
b) to 40% (forty percent) of the expense value for the dependent on the 2º group;
c) to 60% (sixty percent) of the expense value for the dependent on the 3º group;
d) at the maximum value of only one remuneration or proof of the post or from the graduation of the military, considered the total annual expense, for all situations of this paragraph.
Art. 34. For the effects of medico-hospital, dental, psychological and social assistance, treated in this Chapter; they are considered dependent on the military:
I-1º group:
a) the spouse, companion, or fellow recognized judicially;
b) the children (as) or stepchildren (those) up to 21 (twenty one) years of age or up to 24 (twenty-four) years of age, if college students, or, if invalid, while it lasts for disability;
c) the person under guard or judicial tutelage up to 21 (twenty-one) years of age or up to 24 (twenty-four) years of age, if a university student, or, if invalid, while to last the disability;
II-2º group: the parents, with proven economic reliance on the military, since that recognized as dependant by the Corporation;
III-3º group: those that constared in the condition of dependents of the military, up to the date of the entry into force of this Act, while fulfilling the conditions laid down in the Statute of the respective Corporations.
CHAPTER IX
DA PENSION MILITARY
Art. 35. They are mandatory taxpayers of the Military Pension, upon monthly discount on payroll, the active-duty military, the military of the paid reserve and the retired military of the Federal District, and the inactive and retired military of the former Federal District.
Art. 36. (VETADO)
§ 1º The currently discounted values of military pension will vigorously force up to 31 from December 2001.
§ 2º For the purposes of application of the caput, it will be considered as post or graduation from the military the corresponding to the sold-out upon which their contributions are calculated.
§ 3º Stay assured of the current military, upon specific contribution of 1.5% (a comma five percent) of the weld or weld quotas, the maintenance of benefits provided for in Law No. 3,765, from 1960, to December 29, 2000. The waiver may occur, in irrevocable character, to the provisions of this paragraph, which is to be expressed until December 31, 2002.
§ 4º The direct beneficiaries or by future reversal of pensioners are also recipients of the maintenance of the benefits provided for in Law No. 3,765, of 1960, up to 29 of December 2000.
Art. 37. The military pension is dewound in the habilitation process by taking on the basis of the declaration of beneficiaries filled in life by the taxpayer, in the order of priorities and conditions below:
I-first order of priority-widower or widow, companion or companion; children smaller than 21 (twenty-one) years or, when university students, smaller than 24 (twenty-four) years;
II-second order of priority-parents, albeit adoptive ones, that prove economic reliance on the taxpayer:
III-third order of priority-designated person upon written statement of the taxpayer and living under; economic dependence. of this, when less than 21 (twenty-one) or larger of 60 (sixty) years.
Single paragraph. The beneficiaries of which it treats this article, when intervening or invalid, or, still, committed of serious infirmity, which prevents them from probing the subsistence themselves adjudicated by military health board, will be able to empower themselves to the independent pension of age limits.
Art. 38. The beneficiary referred to in item III of the art. 37 may be instituted at any time, upon declaration in accordance with the rules set out in this Act or will made in accordance with civil law, but shall only enjoy the right to the military pension if there is no legitimate beneficiary.
Paragraph single. Under the same conditions of the caput, the military taxpayer of the military pension with more than 10 (ten) years of service, licensed or excluded in the good of the discipline, by virtue of act of the competent authority, will leave to his heirs the military pension corresponding, as per the conditions of the art. 37.
Art. 38 A habilitation of the beneficiaries will obey the order of preference established in art. 37 of this Act.
§ 1º The beneficiary will be empowered with the full pension; in the case of more of one with the same precedence, the pension will be rematch equally between them, resourced the hypotheses of § 2º.
§ 2º If the taxpayer leaves father invalid and mother who live apart, the pension will be divided equally between both.
§ 3º Havendo pensioner judiciary, alimony will continue to be paid, according to the values established in the court decision.
Art. 40. Where, at the beginning or during the processing of the habilitation, a lack of a beneficiary's declaration is found, or if it is incomplete or offers margin to doubt, the competent apportionment will require those concerned to be made sure or any other documents necessary to the substantiation of their rights.
§ 1º Se, notwithstanding documentation presented, persist the doubts, the proof will be made upon judicial justification, processed preferentially in the military audit of the Federal District or, in the absence of this one, in the civil venue.
§ 2º The process of habilitation to the military pension is considered to be of an urgent nature.
Art. 41. Every taxpayer is obliged to make his statement of beneficiaries, who, unless otherwise proven, will prevail for qualification to the military pension.
Paragraph single. Of this statement must appear:
I-name and filiation of the declarant;
II-name of the spouse and date of the marriage, or, companion or companion assigned or that proves stable union as a family entity;
III-name of the children of any situation, sex and respective date of birth, clarifying, if it is the case, which haves in matrimony before or outside of matrimony;
IV-name of the siblings, sex and date of birth;
V-name, sex and date of the birth of the beneficiary instituted, if it is the case;
VI-express and thorough mention of the submitted comprobatory documents, citing the species of each, or craft of records or others who have exclaimed them or registered the original acts, as well as the books, numbers and order, and the leaves where they are listed and the dates they were washed.
Art. 42. The declaration, preferably entered, without amendment or rash or firsthand of the fist itself by the declarant, is to have the signature recognized by the respective commander, director or chief, or by notary or, still by the diplomatic representative or consular, should the declarant meet abroad.
Single paragraph. When the taxpayer finds himself unable to sign the declaration, he / she should do so in a notary, in the presence of two witnesses.
Art. 43. The statement made in the conformity of art. 42 shall be handed over to the commander, director or chief, to whom the declarant is subordinate, instituted with documentation of the civil registry that proves, not only the degree of kinship of the listed beneficiaries, but, if it is the case, the exclusion of preferred beneficiaries and, by this, forwarded to the personnel's sectoral body of the respective corporation.
Paragraph single. The documentation of which it treats this article could be presented in original, certificate verb ad verbum or photostactic copy, duly conferred.
Art. 44. Any fact that matters in alteration of the previous statement obliges the taxpayer to make another, additive, which, instructed with comprobative documents, will obey the same formalities required for the initial declaration.
Art. 45. The right to pension is conditional upon receipt of 24 (twenty four) monthly contributions, concerning the pension that will be left to the beneficiaries by allowing them to make the respective payment or to complete what they lack.
Paragraph single. The pick-up can be done either at one time or in plots corresponding to the value of the contribution.
Art. 46. Any and all non-taxpayer military of the military pension, but in active duty, whose demise occurs in consequence of accident of act or accident in service or of the molecule in it acquired, will leave to its beneficiaries the pension that, in the compliance of these paragraphs, couber, whatever your time of service.
§ 1º A military pension referred to in this article may not be less than aspiring-official, for the cadets of the PM or BM Academies, or that of 3º sergeant, for the remaining squares and the students of the squares training courses.
§ 2º In any of the cases set forth in this article, the pension outreach becomes conditional on the prior satisfaction, by the beneficiaries, of the requirement that it treats art. 45.
§ 3º For the purposes of calculating the pension, the contribution shall comply with the rule provided for in the art. 36 of this Law.
Art. 47. The pension resulting from the promotion post mortem will be paid to the habilitated beneficiaries, as of the date of the demise of the military.
Art. 48. The military that by the deceased will already have completed the legal conditions permitting its transfer to the paid reservation or retirement, in posts or higher graduations, will be considered promoted on that date and will leave the pension corresponding to the new situation, obeyed the rule of art. 37 of this Law.
Art. 49. You will lose the right to pension:
I-the widow or widower who comes to be impeached from the courtyard power, in the conformity of art. 395 of the Brazilian Civil Code;
II-the beneficiary who renounce expressly;
III-the beneficiary who has been convicted of felony of a doleful nature, from which result the death of the taxpayer.
Art. 50. The death of the beneficiary who is in the enjoyment of the pension, as well as the cessation of his right to the respective benefit, in any of the cases of the art. 49 will impose on the transfer of the right to the remaining beneficiaries of the same order, without this entailing in reversal; not the ones going on, the pension will revert to the beneficiaries of the following order.
Paragraph single. There will in no way be reversion in favour of the beneficiary instituted.
Art. 51. The military pension is not subject to the attachment, hijacking, or otherwise, except in the cases specified in law.
Art. 52. The military pension may be required in any time, conditioned, however, to the perception of monthly installments the prescription of 5 (five) years.
Art. 53. The military pension will be equal to the value of the remuneration or the props of the military.
Art. 54. Accumulation is allowed:
I-of a military pension with availability of availability, retirement, maturities or retirement;
II-of a military pension with that of another regime, observed the provisions of the art. 37, inciso XI, of the Federal Constitution.
CHAPTER X
OF THE GENERAL, TRANSITIONAL, AND FINAL PROVISIONS
SECTION I
Das General Provisions
Art. 55. The military of the paid reserve, summoned for special mission, makes jus at remuneration as if in activity were.
Art. 56. To the military who provide service to entities that are conveniently located with the Corporation, gratifications may be conferred, on account of the resources arising from the respective convenium, and in the form in this established.
Art. 57. For the purposes of this Act, the following conceptualizations are adopted:
I-Sede-the territory of the Federal District;
II-Corporate-is the denomination given to the Military Police and the Body of Military Firefighters of the Federal District;
III? Mission, task or activity? is the emerging duty of a specific order of command, direction, or managerial;
IV? Military Unit (UM)? is the generic denomination given the body of troop, apportionment, establishment, or any other administrative unit of the Federal District Military Corporations.
Paragraph single? For the remaining Federation Units hit by this Law considers itself to be thirsty, the unit in which it serves the military by having as its limit the Municipality.
SECTION II
Das Transitional Provisions
Art. 58. They are assured, until September 30, of 2001, to the military of the Federal District, the inactive military, retired and pensioners of the former Federal District, the paid plots paid in accordance with the laws that have instituted them.
SECTION III
Of The Final Provisions
Art. 59. The arts. 53 and 63 of the Law No. 7,289 of December 18, 1984, they go on to invigorate with the following essay:
" Art. 53. The remuneration of the Military Police Offices will be established in specific legislation, common to the military of the Federal District.
§ 1º In the active, comprehend:
I-soldo;
II- additional:
a) of Posto or Graduation;
b) of Professional Certification;
c) of Military Operations;
d) of Service Time;
III-gratuities:
a) of Representation;
b) of Special Nature function;
c) of Voluntary Service.
§ 2º In inactivity, comprehend:
I-weld or sold-out quotas;
II-additional:
a) of Posto or Graduation;
b) of Professional Certification;
c) of Military Operations;
d) of Service Time;
III-gratification of Representation.
.........................................................................................................................................? (NR)
" Art. 63 ....................................................................................................................................
..................................................................................................................................................................................................................................................................................................................
§ 2º The concession and enjoyment of vacations is not impaired by the previous enjoyment of leave for health treatment, special leave, nor for the fulfilment of disciplinary sanction, by the state of war or so that acts of service are fulfilled, as well as is not nullified the right to that license.
..........................................................................................................................................? (NR)
Art. 60. The arts. 54 and 64 of the Law No. 7,479 of June 2, 1986, they go on to invigorate with the following essay:
" Art. 54. The remuneration of the Military Firefighters of the Federal District will be established in specific legislation, common to the military of the Federal District.
§ 1º In the active, comprehend:
I-soldo;
II- additional:
a) of Posto or Graduation;
b) of Professional Certification;
c) of Military Operations;
d) of Service Time;
III-gratuities:
a) of Representation;
b) of Special Nature function;
c) of Voluntary Service.
§ 2º In inactivity, comprehend:
I-weld or sold-out quotas;
II-additional:
a) of Posto or Graduation;
b) of Professional Certification;
c) of Military Operations;
d) of Service Time;
IIIit-gratification of Representation. " (NR)
" Art. 64 ......................................................................................................................................
§ 2º The concession and enjoyment of vacations is not impaired by the previous enjoyment of leave for health treatment, special leave, nor for the fulfilment of disciplinary sanction, by the state of war or so that acts of service are complied with, as well as is not nullified the right to such license. " (NR)
Art. 61. Ascertained the reduction of remuneration, of proceeds or pensions, arising from the application of this Act, the value of the difference shall be paid for the title of nominally identified personal advantage.
Paragraph single. The nominally identified personal advantage provided for in the caput of this article will constitute instalment of the inactivity in the inactivity, in addition to those provided for in the art. 21 of this Act until it is absorbed on the occasion of future readjustments.
Art. 62. It becomes extinct the additional of Service Time, provided for in the "d" section of the inciso II of the art. 1º, assured to the military the percent corresponding to the annuals to which it makes jus on September 5, 2001.
Art. 63. It is assured of the military that by September 5, 2001, it has the requirements to transfer to the inactivity the right to perception of remuneration based on the then-behold-up legislation.
Paragraph single. Military firefighters and retired military police officers, who are greeted by this Act will be confirmed in the inactivity at the rank or graduation, corresponding to the spurs they receive, by booking them all rights and prerogatives, save for those who, in the active, already occupied the posts of Colonel BM. and Colonel PM, maximum limits of their respective careers.
Art. 64. Vacation periods not enjoyed until September 5, 2001 can be counted in double for inactivity effect.
Art. 65. The advantages instituted by this Law extend to the military of the active, inactive and pensioner of the former Federal Territories of Amapá, Rondônia and of Roraima, and to the inactive military and integral pensioners of the Military Police and the Corps of Military Firefighters from the former Federal District.
§ 1º Medical-hospitalair assistance for the inactives and pensioners of the former Federal District may, through convenium, continue to be provided by the Military Corporations that already assist them, upon mandatory discount for that purpose of contribution corresponding to that prescribed by the specific legislation prevailing for the remaining members of the same institution, to whose standards they will remain equally subject.
§ 2º The same procedure applied to the military of the Federal District, will be adopted for the remnants of the former Federal District.
Art. 66. The expenses arising from the application of the provisions of this Act, with the exception of those relating to the military of the former Federal Territories of Amapá, Rondônia and of Roraima and of the inactive and Pensionists of the Military Police and the Military Firefighters Corps of the former Federal District, will run the account of the Transfers to States, Federal District and Municipalities-Government of the Federal District-Resources under supervision of the Ministry of Finance, constants of the Union Budget.
Paragraph single. Until the Fund provided for in art is constituted. 21, inciso XIV, of the Constitution, the transfers to the Government of the Federal District that it treats the caput will be limited to the amount of R$ 2,500,000,000.00 (two billion and five hundred million reais) in the 2001 financial year, noted the in the Budget Law.
Art. 67. Repealed Law No. 5,619 of November 3, 1970; the Law No. 5,733 of November 16, 1971; Law No. 5,906 of July 23, 1973; Law No. 5,932, 1º November 1973; Law No. 5,959 of December 10, 1973; Law No. 7,590, 29 of March 1987; the Law No. 7,591 of March 29, 1987; the Law No. 7,609 of July 6, 1987; the art. 1º of Law No. 7,961 of December 21, 1989; the Law No. 9,687 of July 6, 1998; the Decree-Law No. 1,015 of October 21, 1969; the Decree-Law No. 1,463 of April 29, 1976; the Decree-Law No. 1,464 of April 21, 1976; the Decree-Law No. 1,545, of April 15, 1977; the Decree-Law No. 1,618 of March 3, 1978; the Decree-Law No. 1,716 of November 22, 1979; the Decree-Law No. 1,777 of March 18, 1980; the Decree-Law No. 1,860 of February 18, 1981; the Decree-Law No. 1,926, of February 17, 1982; the Decree-Law No. 2,008 of January 11, 1983; the Decree-Law No. 2,086 of December 22, 1983; the Decree-Law No. 2,213 of December 31, 1984; the Decree-Law No. 2,138, of June 28, 1984.
Art. 68. This Law comes into effect on the date of its publication, with its effects from 1º October 2001.
Brasilia, July 4, 2002; 181º of Independence and 114º of the Republic.
FERNANDO HENRIQUE CARDOSO
Miguel Reale Júnior
Guilherme Gomes Dias
