LEI No. 12,094 OF November 19, 2009.

Disposes on the creation of the Social Policy Development Career, on creating Technical Analyst posts and of Executive Agent of the Superintendency of Private Insurance-SUSEP, on the transformation of posts in the National Health Surveillance Agency-ANVISA, amend Annex I to the Act No 10,871 of May 20, 2004 to adapt the quantitative positions of ANVISA, the Law no 11,539 of November 8, 2007, which has on the Infrastructure Analyst's Carrier and on the isolated post of effective provement of Senior Infrastructure Specialist, and amend the Act No 11,526, of October 4 of 2007, to provide for the charge-paying formula in commission occupied by military, and the Law no 10,683, of May 28, 2003.

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

CHAPTER I

CREATION OF POSTS OF SOCIAL POLICY ANALYST

Art. 1st It is created, within the framework of the Executive Power, the Social Policy Development Career, made up of the posts of Technical Analyst of Social Policies, of top level.

Art. 2nd Ficam created in the Social Policy Development Carrier 2,400 (two thousand and four hundred) effective positions of Technical Analyst of Social Policies.

§ First the regulation will have on the lotion and exercise of the occupant servers of the posts referred to in this article, which will occur exclusively in the bodies of the direct federal public administration with competencies regarding social policies.

§ 2nd Compete to the Ministry of Planning, Budget and Management establish the lotion of the posts referred to in this article.

§ 3rd In the interest of the administration, the Ministry of Planning, Budget and Management may define provisional lotion of Technical Analysts of Social Policies in authorities and foundations.

§ 4th The posts of which it treats this article will be structured in hierarchized classes, in the form of Annex I of this Act, consisting of positions of the same nature, even degree of complexity of assignments, level of training and experience required for their performance.

§ 5th In addition to the fulfilment of the provisions of the Supplementary Act no 101, of May 4, 2000, the provement of the posts of which it treats the caput of this article becomes conditional on the fulfillment of the following requirements:

There is prior demonstration by the leader of the body responsible for holding public tender for existence of sufficient budget allocation and specific authorization in the budget guideline law, as it determines the § 1st art. 169 of the Federal Constitution; and

II-being the demonstration of which treats the inciso I of this paragraph formally submitted for analysis by the Ministry of Planning, Budget and Management, which will authorize, or not, the initiation of procedures for holding public tenders.

Art. 3rd are assignments of the post of Social Policies Technical Analyst:

I-execute technical assistance activities in projects and programs in the areas of health, foresight, employment and income, public safety, urban development, food security, social assistance, education, culture, citizenship, human rights and protection to the childhood, youth, the holder of special needs, the elderly and the indigenous, who are not privative to other Carreiras or isolated positions, within the scope of the Executive Power;

II-check, follow up and supervise the processes inherent in the Single Health System, to the Single System of Social Assistance and the remaining social programs of the federal government object of decentralized execution;

III-identifying situations at odds with the standards set in standards and specific legislation of attention to health, foresight, employment and income, public safety, urban development, food security, social assistance, education, culture, citizenship, human rights and childhood protection, youth, special needs carrier, elderly and Indigenous people, when they are not deprived of others careers or isolated positions, within the scope of the Executive Power, providing guiding and corrective actions, promoting improvement of processes and reduction of costs;

IV-injuring the outcomes of health care, foresight, employment and income, public safety, development urban, food security, social assistance, education, culture, citizenship, human rights and childhood protection, youth, special needs carrier, elderly and indigenous people, considering the plans and goals set out in the System Single Health, in the Single Social Assistance System and too many social policies;

V- proceed to the analysis and evaluation of the data obtained, generating information that contributes to the planning and improvement of social actions and policies;

VI-support and subsidize the control and auditing activities; and

VII-collaborate on the definition of execution strategies of the control and evaluation activities, under the aspect of continuous improvement and improvement of social policies.

CHAPTER II

CAREER INGRESS

Art. 4th The ticket in the posts will give itself by means of public tender of evidence and titles, respected the specific legislation.

§ First the public contest referred to in the caput of this article may, when couber, be carried out by areas of expertise and organized in one or more phases, including, if it is the case, training course as it disposes of the certame convocation edital, observed relevant legislation.

§ 2nd the edital will define the characteristics of each stage of the public tender and the formation specialized, as well as the eliminatory and classificatory criteria.

§ 3rd The ticket in the posts referred to in the caput of this article requires undergraduate degree in top level and specific habilitation, as per the assignments of the office in each area of expertise.

§ 4th Act of the Minister of State for the respective lottation body shall define the habilitation specific required for the admission to the posts of the Social Policy Development Career Development.

§ 5th The public contest referred to in the caput of this article will be held for proofing effective personnel in the initial standard of the initial class of the Social Policy Development Carrier.

CHAPTER III

REMUNERATION OF THE POSTS

Art. 5th The maturities of the occupants of the posts of which it treats art. 1st of this Act constitute:

I-basic salary, as per Annex II of this Act;

II-Gratification of Activity Performance in Social Policies-GDAPS; and

III-pecuniary advantage individual, of which it treats the Law no 10,698, of July 2, 2003.

Art. 6th It is instituted the Gratification of Activity Performance in Social Policies-GDAPS, due to the occupants of the posts referred to in art. 1st of this Law, when in exercise of the activities inherent in its attributions, observing the following limits:

I-maximum of 100 (hundred) points per server; and

II-minimum of 10 (ten) points per server.

§ 1st The score to which GDAPS refers is thus distributed:

I-up to 80 (eighty) points due to the result of the evaluation of institutional performance; and

II-up to 20 (twenty) points due to the result of the performance evaluation individual.

§ 2nd The occupants of the posts referred to in art. 1st of this Law will only make jus à GDAPS if in exercise of activities inherent in the respective positions in organs of the direct federal public administration, ressalvated the provisions of § 3rd of the art. 2nd of this Law.

§ 3rd The institutional performance evaluation aims to affer the performance of the organ in the reach of the organizational objectives, and may consider priority projects and activities and specific characteristics compatible with your activities.

§ 4th The individual performance evaluation aims to affer the performance of the server in the exercise of the tasks of the office, with a focus on the individual contribution to the scope of organizational goals.

Art. 7th The Executive Power shall regulate the general criteria to be observed in the realization of the institutional and individual performance evaluations for the purposes of granting GDAPS.

§ 1st individual assessment will have financial effect only if the server has remained in exercise of activities inherent in the respective post by, at a minimum, 2/3 (two-thirds) of a full period of evaluation.

§ 2nd The average of the individual performance evaluations of the set of servers of the Career referred to in art. 1st of this Law may not be higher than the result of the evaluation of institutional performance.

§ 3rd The GDAPS beneficiary active server that obtains in the performance evaluation score of less than 40% (forty percent) of the maximum points limit intended for individual assessment will not make jus to the instalment regarding the institutional performance evaluation in the period.

Art. 8th The specific criteria and procedures of institutional evaluation and individual and grant from GDAPS will be established in act of the Minister of State for the lotation body, the current legislation observant.

Art. 9th Institutional performance goals will be set annually in the act of the maximum leader of the lotation organ.

§ First of the goals referred to in the caput of this article should be objectively measurable and directly related to the activity-end of the lotation organ, taking into account, at the time of its fixation, the indices achieved in the previous exercises.

§ 2nd The institutional performance evaluation will refer to the organ's performance in the area of acting the posts of which it treats art. 1st of this Law.

§ 3rd The institutional performance targets and the results ascertained each period will be widely publicized by the lotation body, including on its electronic site.

§ 4th The targets set by the entities of indirect administration should be compatible with the policies, guidelines and governmental goals of the bodies of direct administration to which they are linked.

§ 5th The targets and institutional results ascertained each period should be widely publicized by the organs or entities of the federal public administration, including on the Ministry of Planning, Budget and Management's electronic site, and should be accessible to all servers until the setting of new targets.

§ 6th the goals could be reviewed in the hypothesis of supervenience of factors that have significant and direct influence on their achievement, provided that the organ itself has not given cause to such factors.

§ 7th The act to which refers to the caput of this article will define the minimum percent range of the targets, below which the share of GDAPS corresponding to the institutional assessment will be zero, being the proportionally distributed percentage of gratification in the range between that threshold and the maximum target range index.

Art. 10. Assessments referring to individual and institutional performances will be ascertained semester and will produce monthly financial effects for equal period.

§ 1st The periodicity of individual and institutional performance evaluations could be reduced in function of the peculiarities of the lotation organ, upon act of the respective Minister of State.

§ 2nd The values to be paid for the title of GDAPS 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 III of this Act.

§ 3rd The evaluations will be processed in the month subsequent to the end of the evaluative period and its financial effects will begin in the month following that of processing the assessments.

Art. 11. Until the results of the first performance evaluation period are processed, GDAPS will be paid in the corresponding value at 40 (forty) points.

§ First the result of the first evaluation generates financial effects from the beginning of the period of assessment, and any differences paid to the greater or the minor are to be compensated.

§ 2nd The willing in this article applies to the occupant of charge of Special Nature and of positions in committee.

Art. 12. Until the first individual performance evaluation is processed that comes with financial effect, the server appointed for effective office and the one who has returned unpaid leave or unentitled assignment to the perception of GDAPS in the course of the evaluation cycle will receive the gratification in the value corresponding to 40 (forty) points.

Art. 13. The effective job holder of the Social Policy Development Career in effective exercise in your lottation body, when invested in office in Special Nature Commission, DAS-6, DAS-5 or the equivalent, will make jus à GDAPS calculated on the basis of at the maximum value of the individual plot added to the result of the institutional evaluation of the period.

Art. 14. The effective cargo occupant of the Social Policy Development Career that does not find itself developing activities in the organ or lotation entity will only make jus à GDAPS:

I-when yielded to the Presidency or Vice-Presidency of the Republic or when requested by Electoral Justice, situations in which you will perceive GDAPS calculated on the basis of the applicable rules as if it were in effective exercise in the source organ; and

II-when yielded to organs or entities of the federal government distinct from the nominees in the inciso I of the caput of this article, since being invested in office in committee of Nature Special, DAS-6, DAS-5 or equivalents, situation in which you will perceive GDAPS calculated on the basis of the maximum value of the individual plot added to the outcome of the institutional evaluation of the period.

Single paragraph. The institutional evaluation of the server referred to in the incisos I and II of the caput of this article will be that of the organ or that of the lotation entity.

Art. 15. Occurring exoneration of the post in commission, with maintenance of the effective post the servers referred to in the arts. 13 and 14 of this Act will continue to perceive GDAPS corresponding to the last value obtained, until it is processed at its first assessment after exoneration.

Art. 16. GDAPS will not be able to be paid cumulatively with any other gratification of activity or productivity performance, regardless of their denomination or calculation basis.

CHAPTER IV

DEVELOPMENT OF THE SERVERS IN THE CAREER

Art. 17. The development of the server in the Social Policy Development Carrier will occur upon functional progression and promotion.

§ 1st For purposes of this article, functional progression is the server passage of a standard to another immediately higher within a same class, and promotion, the server passage of the last standard of a class to the initial standard of the immediately upper class, observing the following requirements:

I-for the purposes of functional progression:

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

b) average result exceeding 80% (eighty percent) of the maximum limit of the score in the performance evaluations individual of which treats the § 4th of the art. 6th of this Law, at the interstice considered for the progression;

II-for promotion purposes:

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

b) average result greater than 90% (ninety percent) of the maximum limit of the scoring in the individual performance evaluations of which it treats the 4th of the art. 6th of this Law, at the interstice considered for the promotion; and

c) participation in events of empowerment with minimum hourly content and load laid down in regulation, noted the respective specialties.

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

I- computed from the duration of the regulation to which the art relates. 18 of this Act;

II-computed in days, discounted the paid departments that do not are legally considered to be of effective exercise; and

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

Art. 18. The criteria for granting the functional progression and promotion of which it treats art. 17 of this Act will be the object of regulation.

Single paragraph. For the purposes of progression, the interstice referred to in point (a) of the inciso I of § 1st Art. 17 of this Act will be able to suffer reduction of 1/3 (one third), as disciplined in specific standard of each lottation body, upon result of performance evaluation and outstanding contribution to institutional performance, being the reduction limited by up to 10% (ten per cent) of the number of vacancies in each post.

CHAPTER V

GENERAL PROVISIONS ON THE DEVELOPMENT CAREER IN

SOCIAL POLICIES

Art. 19. It is 40 (forty) weekly hours the work journey of the occupants of the positions of the Social Policy Development Career Development.

Art. 20. The willing in the art. 20 of the Act No 8,270 of December 17, 1991, does not apply to the servers of the Development Carrier in Social Policies.

Art. 21. For the purposes of incorporating GDAPS to the retirement orants or the pensions, the following criteria will be adopted:

I-when to the server that gave rise to retirement or pension if you apply the provisions of the arts. 3rd and 6th of the Constitutional Amendment on the 41, of December 19, 2003, and in art. 3rd of the Constitutional Amendment No. 47, of July 5, 2005, GDAPS will be corresponding to 50% (fifty per cent) of the maximum value of the respective level, class and standard of the post that gave it origin; and

II-in the remaining cases, apply, for the purposes of calculating pensions and pensions, the provisions of the Act in the 10,887, of June 18, 2004.

Art. 22. The integral servers of the Development Carrier in Social Policies do not make jus at the perception of Activity Gratification-GAE that it treats the Delegated Law No. 13, of August 27, 1992, and of the Gratification of Activity Performance of Execution and Technical Support for Auditing-GDASUS, instituted by the Law no 11,344, of September 8, 2006.

Art. 23. The posts of Technical Analyst of Social Policies will be able to be redistributed among the lotation bodies, for the purposes of adjustment of lotion and the labour force.

§ First the redistribution of occupied office can only occur and the occupant of the office:

I-have, at a minimum, 8 (eight) years of lotation in the source organ;

II-fill in the existing specialty requirements in the target organ.

§ 2nd The redistribution will give itself by means of joint poring of the State Ministers of the organs involved.

CHAPTER VI

CREATION OF POSTS IN SUSEP

Art. 24. They are set up 200 (two hundred) posts of Technical Analyst and 50 (fifty) Executive Agent positions in the Personnel Board of the Superintendency of Private Insurance-SUSEP.

Single paragraph. In addition to the fulfilment of the provisions of the Supplementary Act no 101, of May 4, 2000, the provement of the posts of which it treats the caput of this article becomes conditional on the fulfilment of the following requirements:

There is prior demonstration, by the leader of the organ or entity responsible for conducting public tender, of existence of sufficient budgetary allocation and specific authorization in the budget guideline law, as determines the § 1st Art. 169 of the Federal Constitution; and

II-being the demonstration of which treats the inciso I of this paragraph formally submitted for analysis by the Ministry of Planning, Budget and Management, which will authorize, or not, the initiation of procedures for the realization of public tenders.

CHAPTER VII

ANVISA POSTS TRANSFORMATION

Art. 25. They are transformed into the Personnel Framework of the National Sanitary Surveillance Agency-ANVISA 50 (fifty) intermediate level vacant positions of Technician in Regulatory and Surveillance Health, of the Regulatory Support Carrier and Surveillance of Places, Products and Services under Sanitary Vigilance, created by the Law no 10,871, of May 20, 2004, in 50 (fifty) intermediate level positions of Administrative Technician of the Administrative Technician's Carrier.

Art. 26. Annex I to the Act No 10,871 of May 20, 2004 shall become invigorating with the amendments laid down in Annex IV to this Act.

CHAPTER VIII

CHANGE OF LEGISLATION REGARDING THE INFRASTRUCTURE ANALYSTS AND THE

SENIOR INFRASTRUCTURE EXPERTS

Art. 27. The arts. 5th, 7th, 8th, 9th, 11, 12 and 13 of the Law no 11,539, of November 8, 2007, go on to invigorate with the following changes:

?Art. 5th ......................................................................

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

§ 2nd The occupants of the posts referred to in art. 1st of this Law will only make jus à GDAIE if in exercise of activities inherent in the respective positions in bodies of direct, municipal or foundational public administration of the federal public administration.

§ 3rd The performance evaluation institutional aims to afer the performance of the organ or entity in the range of the organizational objectives, and may consider priority projects and activities and specific characteristics compatible with its activities.

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

?Art. 7th The specific criteria and procedures of institutional and individual assessment and grant of GDAIE will be established in act of the Minister of State for the organ or lotation entity, observed the prevailing legislation.? (NR)

?Art. 8th Institutional performance targets will be set annually in act of the maximum governing body or lotion entity, drawn up in line with the government guidelines and targets set out in the multiannual plan, in the guideline law budget and the annual budget law.

§ First the goals referred to in the caput of this article must be objectively measurable and directly related to the activity-end of the organ or lotation entity, taking into account, at the time of its fixation, the indexes achieved in the previous exercises.

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

§ 4th The goals could be reviewed in the supervenience hypothesis of factors that have significant and direct influence on the its achievement, as long as the organ itself or entity itself has not given cause to such factors.

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

§ 6th The goals set by the indirect administration entities should be compatible with the policies, guidelines and government targets of the bodies of direct administration to which they are linked.

§ 7th The goals and the results Institutional ascertained every period should be widely reported by the bodies or entities of the federal public administration, including on the Ministry of Planning, Budget and Management's electronic website.? (NR)

?Art. 9th .......................................................................

§ 1st The periodicity of individual and institutional performance evaluations could be reduced depending on the peculiarities of the organ or lotation entity, upon the act of the respective Minister of State.

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

§ 3rd The institutional performance targets and the results ascertained each period will be widely reported by the organ or lotation entity, including on its electronic site.? (NR)

?Art. 11. Until the first individual performance evaluation is processed that comes with financial effect, the server appointed for effective office and the one who has returned unpaid leave or unentitled assignment to the perception of GDAIE in the course of the evaluation cycle will receive the gratification in the value corresponding to 40 (forty) points.? (NR)

?Art. 12. The effective office holder of the Infrastructure Analyst or the post of Senior Infrastructure Specialist, in effective exercise in his or her organ or lottation entity, when invested in office in Special Nature Commission, DAS-6, DAS-5 or equivalent will make jus à GDAIE calculated on the basis of the maximum value of the individual plot added to the outcome of the institutional evaluation of the period.? (NR)

?Art. 13. The effective cargo occupant of the Infrastructure Analyst Quarry or the post of Senior Infrastructure Specialist who does not find himself developing activities in the organ or lotation entity will only make jus à GDAIE:

I-when yielded to the Presidency or Vice Presidency of the Republic, situation in which it will perceive GDAIE calculated on the basis of the applicable rules as if it were in effective exercise in the organ or entity of origin; and

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

Paragraph single. The institutional evaluation of the server referred to in the incisos I and II of the caput of this article will be that of the organ or lotation entity.? (NR)

Art. 28. The Act No 11,539 of November 8, 2007, passes the increased vigour of the following art. 13-A:

?Art. 13-A. Occurring exoneration of the post in commission, with maintenance of the effective office, the servers referred to in the arts. 12 and 13 of this Act will continue to perceive GDAIE corresponding to the last value obtained, until it is processed at its first assessment after exoneration.?

CHAPTER IX

POSITIONS IN COMMITTEE OCCUPIED BY MILITARY

Art. 29. The art. 2nd of the Law no 11,526, of October 4, 2007, goes on to invigorate with the following essay:

?Art. 2nd The occupying server of effective post, the military or the permanent employee of any of the Powers of the Union, the States, the Municipalities or the Federal District invested in the posts referred to in art. 1st of this Law will be able to opt for one of the following remunerations broken down:

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

II-the difference between the remuneration of the office in commission and the remuneration of the effective office, rank or graduation, or of the employment; or

III-the remuneration of the effective post, rank or graduation, or employment, plus percent of 60% (sixty percent) of the respective post in commission.

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

CHAPTER X

FINAL PROVISIONS

Art. 30. The inciso XI of the art caput. 29 of the Law no 10,683, of May 28, 2003, passes to invigorate with the following essay:

?Art. 29. .......................................................................

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

XI-from the Ministry of Sport to the National Council of Sport and up to 4 (four) Secretaries;

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

Art. 31. This Act comes into force on the date of its publication.

Brasilia, November 19, 2009; 188th of the Independence and 121st of the Republic.

LUIZ INÁCIO LULA DA SILVA

Paulo Bernardo Silva

ANNEX I

STRUCTURE OF THE POSTS

Social Policy Development Carrier

LEVEL	CARGO	CLASS	DEFAULT
			III
		Special	II
			I
			V
			IV
Superior	Technical Analyst of	B	III
	Social Policies		II
			I
			V
			IV
		A	III
			II
			I

ANNEX II

BASIC MATURITY

Social Policy Development Carrier

LEVEL	CARGO	CLASS	DEFAULT	MATURITY BASIC (R$)
			III	5,151.00
		Special	II	4,949.11
			I	4.755, 13
			V	4.362,51
	Technical Analyst		IV	4.191,52
Superior	of Policies	B	III	4.027, 24
	Social		II	3.869, 40
			I	3.717, 74
			V	3.410, 77
			IV	3.277,09
		A	III	3.148, 64
			II	3.025, 24
			I	2,906.66

ANNEX III

POINT VALUE TABLE OF ACTIVITY PERFORMANCE GRATIFICATION IN SOCIAL POLICIES-GDAPS

CLASS	DEFAULT	POINT VALUE (R$)
	III	50, 00
Special	II	47, 92
	I	45, 84
	V	43, 76
	IV	41, 68
B	III	39, 60
	II	37.52
	I	35.44
	V	33.36
	IV	31.28
A	III	29, 20
	II	27, 12
	I	25.00

ANNEX IV

(Amendment of Annex I to the Law no 10,871, May 20, 2004)

? ...............................................................................................................................................................

	Specialist in Regulatory and Health Surveillance	810
ANVISA	Technical in Regulatory and Health Surveillance	100
	Administrative Analyst	175
	Administrative Technician	150

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