PROVISIONAL MEASURE NO. 146, OF December 11, 2003

Disposes on the restructuring of the Pension Industry, of which it treats Law No. 10,355, of 26 of December 2001, instituting the Social Insurance Carrier, and gives other arrangements.

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

Art. 1º This Interim Measure Provides on the restructuring of the Pension System, of which it treats Law No. 10,355 of December 26, 2001, by instituting the Social Insurance Carrier, sets the respective maturities and advantages and has on the transposition, for this Carrier, of effective, vacant and occupied positions, members of the National Social Insurance Institute's Office of Personnel -INSS.

Art. 2º Stay structured the Social Insurance Carrier, comprised of the vacant effective posts governed by Law No. 8,112 of December 11, 1990, members of the INSS Personnel Board, and by the effective posts, occupied, members of the Pension Charge instituted by Law No. 10,355, of 2001, or governed by the Cargo Classification Plan instituted by Law No. 5,645 of December 10, 1970, or plans correports, loed in the INSS on November 30 of 2003, whose occupants meet the requirements set out by this Provisional Measure.

§ 1º Does not apply the willing in the caput to the occupants of the posts of Expert Medical Supervisor, Auditor-Social Welfare and Federal Prosecutor.

§ 2º Social Insurance Carrier's posts are grouped into classes and standards, in the form of Annex I.

Art. 3º The servers referred to in the art caput. 2º, members of the INSS Personnel Framework, will be framed in the Social Insurance Carrier according to their respective assignments, professional training requirements and relative position in the Correlation Table, constant of Annex II.

§ 1º The framework for which it treats the caput will give itself upon an irretractable option of the server, to be formalized within sixty days, from the duration of this Interim Measurer in the form of the Option Term, Annex III constant, whose financial effects will apply from the date of deployment of the Basic Maturity Tables referred to in Annex IV.

§ 2º The option by the Social Insurance Carrier implies renunciation of the plots of values emboded to the remuneration for administrative or judicial decision, ascribe precedence to the cash advance of which it treats Law No. 7,686 of December 2, l988, which expires after the commencement of the financial effects referred to in § 1º.

§ 3º The waiver of which treats § 2º is limited to the percentage resulting from the variation of the basic maturity prevailing in the month of November 2003 and the basic salary proposed for December 2005, as laid out in Annex IV of this Provisional Measure.

§ 4º The values emboded to remuneration, object of the waiver referred to in § 2º, which are paid to the active servers, retirees and pensioners, by administrative or judicial decision, in the month of November of 2003, will suffer reduction proportional to the deployment of the Basic Maturity Tables, of which it treats art. 17 of this Provisional Measure, and the surplus values shall be converted into nominally identified personal difference, of a provisional nature, reducible in the same proportion as above, subject only to the index of retrofit applicable to the tables of salaries of federal public servants, in the title of general review of remunerations and subsidies.

§ 5º Completed the deployment of the tables in December 2005, respected what they dispose of § § 3º and 4º of this article, the eventually surplus value will continue to be paid as nominally identified personal advantage, subject only to the readjustment index applicable to the salary tables of the federal public servants, in the title of general review of remunerations and subsidies.

§ 6º The option by the Social Insurance Carrier will not be able to enlist the reduction of the remuneration perceived by the server.

§ 7º For the purposes of ascertaining the surplus value referred to in § § 4º and 5º of this article, the parcel which came to be paid in each period of implantation of the Tables listed in Annex IV, subject to proportional reduction, shall not be considered in the demonstrator of the remuneration received in the month preceding that of the application.

§ 8º The option that it treats § 1º of this article subject to ongoing legal actions, relating to the cash advance, whose decisions are proofed after the commencement of the deployment of the Tables of which it treats Annex IV, to the criteria set out in this Interim Measure, on the occasion of the execution.

§ 9º In the framework, no change of level can occur.

§ 10. The time limit for exercising the option referred to in § 1º, in cases of servers removed in the terms of the arts. 81 and 102 of Law n o 8,112, of l990, shall be counted from the termination of the removal.

Art. 4º The ticket in the posts of the Social Insurance Carrier will be in the initial standard of the initial class of the respective office, upon public tendering of evidence or evidence and titles, demand-and-course, higher course or medium, or equivalent, completed, as per the level of the office, observed the requirements set out in the relevant legislation.

Single paragraph. The contest referred to in the caput may, when couber, be carried out by areas of specialization, arranged in one or more stages, including, if it is the case, training course as it disposes of the edital of opening of the certame, observed the legislation pertinent.

Art. 5º The Executive Power shall promote, upon decree, within up to ninety days of the entry into force of this Provisional Measure, the reclassification of the posts incorporated into the Social Insurance Carrier in the form of the art. 2º, observed the following criteria and requirements:

I-unification, in positions of the same denomination and level of schooling, of the posts of distinct denominations, arising from the Previdentiary Career Classification Plan of Posts-PCC and correports plans, whose assignments, qualification requirements, schooling, professional habilitation or specialization required for admission are identical or essentially equal to the destination positions;

II -transposition to the respective posts, and inclusion of the servers in the new situation, obeyed the correspondence, identity and similarity of assignments between his or her post of origin and the post in which it is framed;

III- location of the occupant servers of the posts reclassified in references, levels or standards of the classes of the target positions determined upon application of the framework criteria set out in this Interim Measure.

Art. 6º The remuneration of the member servers of the Social Insurance Carrier will be comprised of the following installments:

I-Basic Due, in the values stated in the Tables set out in Annex IV;

II-Gratification of Executive Activity, of which it treats the Delegated Law No. 12, of August 7, 1992;

III-Gratification of Social Insurance Activity-GDASS; and

IV-Advantage Individual pecuniary, of which it treats Law No. 10,698, of July 2, 2003.

Art. 7º The development of the servers in the offices of the Social Insurance Carrier will give you through functional progression and promotion.

§ 1º Functional progression is the server move of a standard to the following, within a same class, observed the minimum twelve-month interstice of effective exercise.

§ 2º The promotion is the movement of the server from the last standard of a class to the first standard of the following class, observed the twelve-month interstice in relation to the immediately preceding functional progression.

Art. 8º The promotion and the functional progression will occur upon evaluation by merit and participation in outreach courses, as it is available in regulation.

Art. 9º Until it is regulated the art. 8º of this Provisional Measure, the functional progressions and promotions whose conditions have been implemented by the date of their duration will be granted by observing, in what couber, the standards applicable to the servers of the Classification Plan of Posts of Law No. 5,645, of 1970.

Art. 10. The posts of the servers referred to in the art caput. 2º, who do not opt for the Social Insurance Carrier, will integrate the endangered framework.

Single paragraph. The servers referred to in the caput will continue to be remunerated in accordance with the career or plans to which they remain belonging.

Art. 11. It is instituted the Performance Gratification of Social Insurance Activities-GDASS, due to the members of the Social Insurance Carrier for institutional and individual performance, at the maximum value of R$ 513.00 (five hundred and thirteen reais), to the level upper, R$ 184.00 (one hundred and eighty and four reais), for intermediate level and R$ 101.00 (one and one reais), for the auxiliary level, subject only to the general readjustment indices applicable to the remuneration of federal public servants.

§ 1º The institutional performance evaluation, capped at forty percent of the value of GDASS, aims to afer the performance in the range of organizational goals.

§ 2º The attribution of the values to each server will observe the minimum and maximum percentage obtained in the evaluation of institutional performance, observed the collective evaluation of the servers of the INSS and the server evaluation unit, and the individual performance.

§ 3º A individual performance evaluation, limited to sixty percent of the value of GDASS, aims to afer the performance of the server, in the exercise of the tasks of the office or role, with a focus on his / her acting in the team for the scope of the goals organizational.

§ 4º The average of the performance evaluations of the server set of the INSS cannot be higher than sixty percent.

§ 5º The GDASS will be paid, in a non-cumulative way, with the Gratification of Activity of which it treats the Delegated Law No. 13 of August 27, 1992 and will not serve as a basis of calculation for any other benefits or advantages.

§ 6º The server that does not reach thirty five percent of the scoring relative to the performance evaluation will be submitted to the capacity-building process, and must again be assessed, within six months, counted from the previous assessment.

Art. 12. The criteria and procedures of the evaluation of institutional and individual performance and GDASS attribution will be established in regulation.

Art. 13. It is vetted the use of the individual assessment that it treats this Provisional Measure for the effect of loss of the server's post.

Art. 14. The maximum Superintendency, Executive Management, Social Welfare Agency, and occupiers of positions of the Group-Direction and Higher Education Superiors-DAS, levels 6 and 5, who exercise their assignments in the INSS will perceive GDASS in their full value.

Art. 15. The members of the Social Insurance Carrier who do not find themselves in the effective exercise of the activities inherent in the respective posts will only be jus a GDASS at the following hypotheses:

I-when yielded to the Presidency or V ice-Presidency of the Republic, calculated on the basis of the same valid rules as if they were in exercise in the ceding organ;

II-when yielded to organs or entities of the Federal Executive Power other than those indicated in the inciso I, as follows:

a) the server vested in charge in committee of Special Nature and the Group-Direction and Advising Superiors-DAS, levels 6 and 5, or equivalents, will perceive GDASS as disposed of in the art. 14; and

b) the server vested in charge in committee of the GrupoDirection and Advising Superiors-DAS, level 4, or equivalent, will perceive the GDASS corresponding to seventy-five percent of its maximum value;

III-when in exercise at the Ministry of Social Welfare and in the integral Boards of its basic structure or to it linked, calculated as disposed of in the inciso I of this article.

Art. 16. GDASS will integrate the proceeds from retirement and pensions, according to:

I-the average of the values received in the last sixty months; or

II-the figure corresponding to thirty percent of the value maximum to which the server would do jus in the activity, when perceived for less than sixty months.

§ 1º To retirements and pensions granted until the duration of this Interim Measure applies the provisions of the inciso II of this article.

§ 2º Constated reduction of probate or pension arising from the application of the provisions of this Provisional Measure, the difference shall be paid as nominally identified personal advantage, subject only to the index of readjustment applicable to the salary tables of the federal public servants, in the title of general review of remunerations and subsidies.

Art. 17. The tables of maturities, referred to as the inciso I of the art. 6º, will be deployed progressively in the months of December 2003, September 2004, May 2005 and December 2005, as per the values set out in the Basic Maturity Tables that integrate Annex IV.

Single paragraph. On the values of the Tables listed in Annex IV will focus on the retrofit indices applicable to the salary tables of the federal public servants, in the title of general review of the remunerations and allowances, from 2004.

Art. 18. It applies to retirees and pensioners, in what couber, the provisions of this Provisional Measure.

Art. 19. Until it is edited the act referred to in art. 12, GDASS will be paid to the occupier servers of effective office or positions and commissioned and trust functions, which it does jus, in the values corresponding to sixty percent of its maximum values.

Art. 20. The servers of the INSS Personnel Framework, without prejudice to the rights and advantages of the office of origin, may be ceded to have exercise in the Ministry of Social Welfare, regardless of the function to be exercised.

Art. 21. The vacant posts of the Previdential Carrier and Cargo-PCC Classification Plan and corded plans, of the INSS Personnel Board, on the date of the publication of this Interim Measurer will be transformed into positions of Analyst and Technical Analyst Pension of the Social Insurance Carrier, respected the corresponding level.

Art. 22. The expenses resulting from the implementation of this Interim measure will run into the Union's budget allocation account.

Art. 23. It applies to the occupier servers of integral positions of the Previdentiary Career Career the provisions of the art. 15 of this Provisional Measure.

Art. 24. The provisions of this Provisional Measure do not apply to the aggregate servers of which it treats Law No. 1,741, of November 22, 1952.

Art. 25. This Interim Measure shall come into force on the date of its publication.

Brasilia, December 11, 2003; 182º of Independence and 115º of the Republic.

LUIZ INACIO LULA DA SILVA

Ricardo José Ribeiro Berzoini

Guido Mantega