PROVISIONAL MEASURE NO. 233, OF December 30, 2004

Creates the National Superintendency of Supplementary-PREVIC, changes the denomination of the Institute National of the Semi-Árido-INSA, creates and extinguishes public office of effective provement and in commission, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers it on art. 62 of the Constitution, and with a view to the provisions of the art. 5º of the Supplementary Act No. 109 of May 29, 2001 adopts the following Provisional Measure, with force of law:

Art. 1º It is created the National Welfare Oversight-PREVIC, autarchy of special nature endowed with administrative and financial autonomy and equity, linked to the Ministry of Social Welfare, with registered office and venue in the Federal District and acting on the entire national territory, which will act as the watchdog and of supervision of the activities of the closed entities of supplementary welfare and implementation of the policies for the supplementary welfare regime operated by the closed supplementary provident entities, the provisions noted constitutional, legal and regulatory.

Art. 2º Compete à PREVIC:

I-proceed to the surveillance of the activities of the closed entities of complementary foresight and their operations, and apply the enforceable penalties, pursuant to the legislation;

II-expedit instructions and establish procedures for the application of the standards regarding your area of competence, in accordance with the guidelines of the Council Supplementary Welfare national, the one that refers to the inciso XVIII of the art. 29 of Law No. 10,683 of May 28, 2003;

III-authorize:

a) the constitution and operation of the closed entities of supplementary welfare, as well as the application of the respective statutes and regulations of benefit plans and their amendments;

b) the operations of merger, division, incorporation or any other form of society-related reorganization, relating to the closed entities of provident supplemental;

c) the celebration of congeniums and terms of membership by sponsors and institutors, and their alterations, as well as withdrawals from sponsors and instituters; and

d) the sponsorship transfers, groups of participants and assisted, benefit plans and reservations among closed entities of supplementary welfare;

IV-harmonize the activities of the closed entities of provident supplementing with the standards and policies established for the segment;

V-enacting intervention and extrajudicial settlement of the closed entities of supplementary welfare, as well as appointing interventor or liquidator, under the applicable law;

VI-appoint special administrator of specific benefit plan, and may assign you powers of intervention and out-of-court settlement in the respective plan, in the form of the legislation;

VII-decide, in the administrative sphere, conflicts of interest between closed entities of complementary foresight and between these and their participants, assisted, sponsors or institutors, as well as have about the missing cases;

VIII-ascertain and judge the infractions, applying the enforceable penalties;

IX-submit annual report of your activities to the Ministry of Social Welfare and, by its intermediary, to the President of the Republic and to the National Congress; and

X-adopt the necessary arrangements for the fulfillment of its objectives.

Single paragraph. In the exercise of its administrative powers, it still competes with PREVIC:

I-deliberate and adopt the necessary procedures, under the law, as to:

a) celebration, alteration or extinction of its contracts;

b) appointment and exoneration of servers;

II-hire works or services, in accordance with applicable legislation;

III-acquire, administer and alienate your assets;

IV-submit to the Minister of State for Social Security your budget proposal;

V-create regional offices pursuant to the regulation; and

VI-exercise other attributions arising from law or regulation.

Art. 3º PREVIC will have the following basic structure:

I-Direction;

II-Federal Prosecutor's Office;

III-Coordinations-Generais;

IV-Ouvidoria; and

V-Corregnal.

Art. 4º PREVIC will be administered by a Colegiated Board made up of a Director-Superintendent and four Directors, chosen from among persons of ilibada repute and of notorious competence, to be appointed by the Minister of State for Welfare Social and appointed by the President of the Republic.

Art. 5º Without prejudice to the provisions of art. 2º, will, still, become the post of the PREVIC's Colegified Directorate the exercise of the following assignments:

I-submit proposals and offer detailed information to the Ministry of Social Welfare for formulation of the policies and regulation of the supplementary provident regime, operated by closed pension entities;

II-determine investigations, institute investigations, and approve annual surveillance programs in the scope of the scheme operated by closed entities of supplementary welfare, as well as decide on the cableable penalties;

III-decide on the conclusions of the final report of administrative proceedings, initiated by lavrature of self-infringement or by setting up administrative enquiry, instituted to ascertain the responsibility of a physical or legal person, by action or omission, in the exercise of their assignments or competences, concerning infraction to the legislation under the supplementary pension scheme, operated by the closed entities of supplementary welfare;

IV-appreciate and judge, in the first degree, the impugments regarding the tax launches The Supplementary-TAFIC Supervisory Fee and Control Rate, referred to in art. 20;

V-elaborate and publicize periodic reports of their activities; and

VI-review and forward the accounting demonstratives and PREVIC's account benefits to the organs Competent.

§ 1º The deliberations of the Colegiada Board regarding the incisos III and IV of this article will be adopted by an absolute majority.

§ 2º In relation to the remaining subjects, deliberations shall be taken by a simple majority, present the majority of its members, by being able to the Director-Superintendent, in addition to his / her vote, the quality.

§ 3º The Colegiated Board may, by absolute majority, delegate competence to any of its members, in the form of the regulation.

§ 4º Considering the seriousness of the infringement, the value of the fine applied or of the amount of credit charged, the Board may delegate the competencies relating to the incisies III and IV of this article.

Art. 6º To the Director-Superintendent and the directors is vetted the exercise of any other professional, business, trade union or political-party direction activity, save that of the magistery, provided that at a compatible time, observed the remaining legal provisions.

Art. 7º The former member of the Board gets impeded, for a period of four months, counted from the date of his exoneration, of providing service or performing any activity in the sector subject to PREVIC's acting.

Art. 8º The Ministry of Social Welfare will establish management and performance targets for PREVIC, upon agreement to be negotiated and concluded between the Minister of State for Social Welfare and the Colegiated Board of Autarquia.

§ 1º The established management and performance targets shall constitute in the instrument of monitoring the administrative performance of PREVIC and the evaluation of its performance.

§ 2º The goals referred to in the caput will have minimum duration of one year, being periodically assessed and, if necessary, reviewed.

Art. 9º The management and performance targets will be accompanied and evaluated by committee integrated by representatives of the House Civil from the Presidency of the Republic, the Ministry of Social Welfare and the Ministry of Planning, Budget and Management, designated by the Minister of State for Social Welfare.

Art. 10. They constitute the patrimonial patrimonial of the PREVIC the assets and rights of their property, those conferred upon it or that it comes to acquire or incorporate.

Art. 11. They constitute revenues of PREVIC:

I-appropriations consigned to the General Budget of the Union, special and additional credits, transfers and re-passes that are conferred upon it;

II-resources coming from congeniums, agreements and contracts concluded with entities, bodies and companies, public or private, national or international;

III-revenue from the TAFIC's pick-up;

IV-proceeds from the collection of fines resulting from the application of penalties arising out of supervision or judicial execution;

V-donations, legacies, grants and other resources that are intended;

VI-values ascertained in the sale or leasing of goods, as well as those arising from publications, data and technical information; and

VII-other eventual rents.

Art. 12. It becomes instituted the Supplementary-TAFIC Supervisory and Control Rate, which will be charged from 1º April 2005, the operative fact of which is the exercise of the police power legally assigned to PREVIC for supervision and supervision of the activities described in the art. 2º.

§ 1º They are taxpayers of TAFIC the closed supplementary provident entities constituted in the form of the legislation.

§ 2º The TAFIC is due quarterly, in values expressed in reais, as per Annex III constant table of this Provisional Measure, and its pickup will be made up to day ten of the months of January, April, July and October each year.

Art. 13. The figures for TAFIC unpaid in the form and time limit determined will suffer the accruals in accordance with the legislation applicable to the arrears relating to tax and federal contributions.

Single paragraph. It will focus on a twenty percent resident's fine on the amount resulting from the application of § 2º of the art. 12, which will be reduced to ten percent if the payment is effected until the last working day of the subsequent month to that of maturity.

Art. 14. The TAFIC will be collected from the National Treasury, in account linked to PREVIC, by means of establishing an accredited network of the accredited network.

Art. 15. The Supplementary Welfare Office, from the Ministry of Social Welfare, passes the Supplementary Welfare Policy Office, which will act as the body responsible for the proposition of the policies and guidelines of the regime of supplementary welfare operated by the closed supplementary welfare entities, and also as a supporting body to the National Supplementary Welfare Council and to the Minister of State for Social Welfare in the supervisory function of the activities of the PREVIC.

Art. 16. The Board of Management of Supplementary Welfare, the body of the basic structure of the Ministry of Social Welfare, becomes the name of the National Supplementary Welfare Council, which will exercise the function of the regulatory body of the provident regime complimentary operated by the closed supplementary provident entities and will be responsible for the definition of the policies and guidelines applicable to the said regime.

Art. 17. The National Supplemental Welfare Council will be integrated:

I-by the Minister of State for Social Security, who will chair it;

II-by the Director-Superintendent of PREVIC;

III-by a representative:

a) of the Supplemental Welfare Policy Office of the Ministry of Social Welfare;

b) of the Social Welfare Registry of the Ministry of Social Welfare;

c) of the Ministry of Finance;

d) of the Ministry of Planning, Budget and Management;

and) of the sponsors of entities closed provident pension;

f) of institutors of closed provident welfare entities;

g) of the closed pension entities of supplementary providence; and

(h) of the participants and assisted of the closed supplementary welfare entities.

Single paragraph. The rules of operation of the National Welfare Council will be set out in regulation.

Art. 18. Only of the decisions of the PREVIC Board arising from the application of the provisions of the incisos III and IV of the art. 5º shall have recourse to the Supplementary Welfare Appeals Chamber, special instance under the National Supplementary Welfare Council pursuant to the Regulation, composed of federal servants of charge of effective cargo designated by the chairman of the said Board.

§ 1º The appeal referred to in the caput that has per object discuss the application of pecuniary penalty will only follow if the appellant instructs it with proof of payment anticipated as referred to in § 3º of the art. 65 of the Supplementary Act No. 109, of May 29, 2001.

§ 2º The appeal referred to in the caput that has per object discuss the infringement procedure pertaining to TAFIC, will only follow if the appellant instructs it with the proof of the deposit of thirty percent of the due value.

§ 3º After the final decision in the processes mentioned in § § 1º and 2º, the advance value for the purposes of follow-up of the appeal will be:

I -returned to the appellant, if the decision is favourable to him, by the updated value in the terms of the art caput. 13; and

II-converted into payment, duly deducted from the value of the requirement, if the decision is unfavorable to the appellant.

Art. 19. The Law No. 10,593 of December 6, 2002, passes the following with the following amendments:

" Art. 8º Are assignments of the occupants of the office of Auditor-Fiscal of Social Security:

I-in deprivative character:

a) regarding the contributions administered by the Ministry of Social Welfare, by middle of the Registry of the Revenue Revenue:

1. perform audit and audit, objecting to compliance with Social Security legislation, to launch and constitute the corresponding established credits;

2. effecting the infringement of self-infringement when you see the occurrence of the unfulfillment of legal obligation and self-seizure and custody of books, documents, materials, equipment and assavings, for verification of the existence of fraud and irregularities;

3. examine the accounting of companies and taxpayers in general, not by applying to them the constraints provided for in the arts. 1,190 and 1,191 and observed the willing in the arts. 1,192 and 1,193, all of the Civil Code;

4. to judge the administrative proceedings of imputation presented against the constitution of the previdential credit;

5. recognize the right to restitution or compensation for payment or undue pick-up of contributions, when the examination of the company's accounting is required or when it involves tax secrecy;

6. audit the fundraiser as to the receipt and repass; and

7. overseeing the taxpayer-oriented activities carried out via electronic media, telephone or tax office;

b) regarding the supplementary provident regime operated by closed entities of complimentary foresight:

1. perform the auditing and surveillance procedures of their activities and operations, objecting to compliance with the legislation, as well as lavishing auto of infringement or proposing to their lavrature;

2. examine the accounting of the closed entities of supplementary welfare and of their sponsors, not by applying to them the constraints provided for in the arts. 1,190 and 1,191 and observed the willing in the arts. 1,192 and 1,193, all of the Civil Code;

3. apply administrative penalties or propose your application to the agents responsible for infractions object of administrative process arising from tax action, representation or denunciation, as well as special administrator activity, interventor or liquidator; and

4. constitute on behalf of PREVIC, upon release, the credits arising from the non-pick-up of the Supplementary-TAFIC Supervisory and Control Rate and to promote its administrative collection;

c) relatively to the own social welfare schemes:

1. exercise the auditing and surveillance activities of the entities and the funds of the respective schemes;

2. examine the accounting of entities, funds and public servants operating the own social welfare schemes, not by applying to them the constraints provided for in the arts. 1,190 and 1,191 and observed the willing in the arts. 1,192 and 1,193, all of the Civil Code;

3. wash self of infraction or propose to your lavrature; and

4. apply administrative penalties or propose your application to the agents responsible for infractions object of administrative process arising from tax action, representation or denunciation and other situations established in law;

II-in general character, the remaining activities inherent in the competencies of the Ministry of Social Welfare and of the organs and entities to it linked.

§ 3º In the performance of your assignments, it is assured to the Auditor-Fiscal of Social Security the free access to the dependencies and information of the objects object of tax action, in the form of the law, of them may requisition and apprehend books, documents, materials, equipment and resembling, characterizing embarrassment to the audit, punishable under the legislation, any difficulty opposing the achievement of that goal.

§ 4º When in exercise in scope of the organs and entities linked to the Ministry of Social Welfare, the occupants of the posts referred to in this article shall jus at all the rights and advantages of the respective posts. " (NR)

" Art. 8º-A. Public tenders for admission to the Auditoria-Fiscal Career of Social Security will be able to be carried out by area of expertise, observed the following requirements:

I-fixation, in edital, of the number of posts to be provident in the areas of basic social welfare and supplementary providence;

II-afferition in the specific knowledge contest required for the exercise of auditing and surveillance activities in each area of acting; e

III-establishment of minimum period of stay in the body or entity of exercise, as of the date of investiture in office, not less than thirty-six months, observed the availability of relocation when from the realisation of new public tender.

Single paragraph. It is authorized the institution, within the framework of the Ministry of Social Welfare, of the Supervisory Committee of the Auditoria-Fiscal Career of Social Security, with the purpose of formulating proposals and criteria for allocation, removal, performance benchmarking, promotion and training of your cadres, pursuant to the regulation. " (NR)

Art. 20. It is the Minister of State for Social Security entitled to set the exercise, within the framework of PREVIC, of three hundred Auditors-Fiscal of Social Security, without prejudice to the perception of remuneration and the other perks related to the post.

Art. 21. They are set up, for exclusive exercise in PREVIC, and observed the respective quantitative constants in the art. 22, the careers of:

I-Supplemental Welfare Specialist, composed of top level positions of Supplemental Welfare Specialist, with assignments aimed at the specialized analysis activities, assessment and supervision for the purposes of authorisation referred to in art. 33 of the Supplementary Law No. 109, of 2001, compatibilization, control and supervision of the supplementary provident regime operated by closed entities of supplementary welfare with the pension and social development policies and economic-financial of the Country, as well as to the implementation of policies and the realization of studies and research respective to those activities, preserved the attributions and competencies of the Federal Attorney General;

II- Administrative Analyst, composed of senior level positions of Administrative Analyst, with assignments aimed at the exercise of administrative and logistical activities concerning the exercise of the constitutional and legal competencies in charge of the PREVIC, making use of the available equipment and resources for the achievement of these activities;

III-Administrative Technician, composed of intermediate level positions of Administrative Technician, with forward-looking assignments for the exercise of intermediate-level administrative and logistics activities concerning the exercise of the constitutional and legal competencies in charge of PREVIC, making use of the available equipment and resources for achieving such activities.

Art. 22. They become created one hundred and twenty effective positions of Supplemental Welfare Specialist, one hundred effective positions of Administrative Analyst and eighty effective Administrative Technician positions, in the PREVIC Personnel Board, for gradual provement, as budget and financial availability.

Art. 23. The Federal Attorney General will define the distribution of positions of Federal Prosecutor in the Federal Prosecutor's Office of which it treats the inciso II of art 3º.

Art. 24. They stay created, in the Federal Prosecutor's Career that it treats art. 35 of the Provisional Measure No. 2.229-43 of September 6, 2001, governed by the laws and standards of its own applicable to it, fifty effective positions of Federal Prosecutor.

Art. 25. For the purposes of this Provisional Measure, they consider:

I-career, the set of classes of positions of the same profession, nature of work or activity, scaled up second to responsibility and complexity inherent in their assignments;

II-class, the basic division of the career integrated by positions of identical denomination, assignments, degree of complexity, level of responsibility, capacity-building requirements and experience for the performance of the attributions; and

III-default, the position of the server in the scale of career maturities.

Art. 26. The Careers referred to in art. 21 are organized in classes and standards, in the form of Annex I of this Interim Meast.

Art. 27. The development of the server in the Carreiras of which it treats art. 21 will occur upon functional progression and promotion.

Single paragraph. For purposes of this Interim Measure, progression is the pass of the server to the immediately higher maturity pattern within a same class; and promotion, the server pass of the last standard of a class to the first class standard immediately superior.

Art. 28. The development of the server in the Carreiras referred to in art. 21 will observe:

I-the minimum one-year interstice between each promotion or progression;

II-the competence and professional qualification; and

III-the existence of vacancy.

§ 1º The promotion and functional progression will comply with the systematic of the performance evaluation, capacity-building and functional qualification, as laid out in specific PREVIC regulation.

§ 2º Ressalvado the provisions of Paragraph 3º of this article, the progression of the effective cargo occupant of the Carreiras referred to in the art is veded. 21 before completing the one-year interstice of effective exercise in each standard.

§ 3º Mediating result of performance evaluation or participation in capacity-building programs, the interstice predicted in the inciso I of this article will be able to suffer reduction of up to fifty percent, as disciplined in specific PREVIC regulation.

Art. 29. It will be forty hours weekly the work journey of the members of the Carreiras to which art is concerned. 21.

Art. 30. The investiture in the effective positions of which it treats art. 21 will give itself by means of public tender of evidence or evidence and titles, requiring undergraduate degree course or certificate of completion of high school, as per the level of the office, and observed the provisions of the own regulation of the PREVIC, of mandatory publication No Official Journal of the Union, and the applicable legislation.

§ 1º The public tenders for the proofs of the posts referred to in art. 21 will be proposed by the entity's maximum deliberation instance, heard the Ministry of Social Security, and authorized by the Ministry of Planning, Budget and Management, observed budget availability and vacancies.

§ 2º The public contest will be held for effective personnel provisioning in the initial standard of the starting class of each career.

§ 3º The public tender shall observe the edict of the PREVIC, and shall be constituted of written proof and may, still, include oral evidence and evaluation of securities, according to criteria in advance disclosed to the candidates.

§ 4º The contest referred to in the caput of this article could be carried out by areas of expertise, organized in one or more phases, including, if it is the case, training course, as dispens the opening edict of the certame, observed the relevant legislation.

§ 5º The edital will define the characteristics of each stage of the public tender, the requirements of schooling, specialized training and professional experience, eliminatory and classificatory criteria, as well as possible restrictions and constraints.

§ 6º Constituent phase of the contest for the proofing of the posts referred to in the inciso I of the art. 21 specific training course, with eliminatory and classificatory effect.

Art. 31. The maturities of the Carreiras ' posts that it treats art. 21 constitute:

I-basic salary and Performance Gratification of Supplemental Welfare Monitoring Activity-GDPC, for the posts referred to in the inciso I of art. 21;

II-basic maturity, for the posts of which they treat the incisos II and III of the art. 21; and

III-Gratification of Qualification-GQ, for the posts referred to in the incisos I and II of the art. 21, observed the specific provisions set out in the art. 38.

Single paragraph. The basic salaries of the posts of which it treats art. 21 are the constants of Annex II of this Provisional Measure.

Art. 32. The Supplementary-GDPC Monitoring Activity Performance Gratification is hereby instituted, due to the occupants of the posts referred to in the inciso I of the art. 21, when in exercise of activities inherent in the assignments of the respective post in PREVIC, in the percent of up to thirty five percent, observing the following composition and limits:

I-the percent of up to twenty per cent, incident on the basic salary of the server, as a result of the results of the individual performance evaluation; and

II-the percent of up to fifteen percent, incident on the highest basic maturity of the job title, as a result of the results of the institutional evaluation.

§ 1º Act of the Executive Power will have on the general criteria to be observed for the achievement of the individual performance evaluations and institutional GDPC, within up to one hundred and eighty days from the date of publication of this Provisional Measure.

§ 2º The specific criteria and procedures of individual and institutional performance evaluation and of attribution of the GDPC will be established in specific act of the PREVIC Colegiated Directorate, observed the current legislation.

§ 3º Individual performance evaluation aims to afer the performance of the server, in the exercise of the tasks of the office or function, with a focus on their individual contribution to the scope of institutional goals.

§ 4º Institutional performance evaluation aims to affer performance in the range of the institutional goals, and may consider priority projects and activities and special working conditions, in addition to other specific characteristics of PREVIC.

§ 5º Caberá to the Colegified Directorate define, in the form of specific regulation, within one hundred and twenty days from the definition of the criteria referred to in Paragraph 1º of this article, the following:

I-the standards, procedures, specific criteria, the mechanisms of assessment and the necessary controls to the implementation of GDPC; and

II-the targets, their quantification and review each calendar year.

Art. 33. The effective office holder referred to in the incisos I to III of the art. 21, in exercise at PREVIC, when invested in office in commission or trust function will make jus à GDPC, under the following conditions:

I-occupiers of commissioned positions DAS 1 a to 4, or equivalent positions, will notice even the maximum percentage of the GDPC solely due to the outcome of the institutional assessment; and

II-occupants of commissioned positions DAS 5 and 6, or equivalent positions, will perceive GDPC in its percent maximum.

Art. 34. The effective office holder referred to in the incisos I to III of the art. 21 that does not find itself in exercise in the lottation entity, exceptionally, will make jus à GDPC in the following situations:

I-when requested by the Presidency or Vice Presidency of the Republic, will perceive the GDPC on the basis of in the intended rule of the inciso I of the art. 33; and

II-when yielded to organs or entities of the Federal Government, distinct from the nominees in the caput and in the inciso I of this article, as follows:

a) the server invested in office in Special Nature commission, DAS 6, DAS 5, or equivalents, will perceive GDPC based on its maximum percentage; and

b) the server invested in charge in committee DAS 4, or equivalent, will perceive GDPC in the percent of seventy five percent of its maximum percent.

Art. 35. As long as the acts referred to in § § 1º and 2º of the art are not redacted. 32, and until the results of the performance evaluation are processed, the GDPC will correspond to twenty percent incidences on the basic maturity of each server.

§ 1º The result of the first evaluation generates financial effects from the beginning of the evaluation period, and possible differences paid to the greater or the minor.

§ 2º The provisions of this article apply to the occupants of commissioned positions that make jus to GDPC.

Art. 36. For purposes of incorporation to the proceeds of retirement or pensions, the GDPC:

I-will only be due, if realized at least five years ago; and

II-will be calculated by the average arithmetic of the percentage of gratification perceived in the last sixty months prior to retirement or the institution of the pension, consecutive or otherwise.

Art. 37. The servers achieved by this Provisional Measure do not make jus at the perception of Activity Gratification-GAE of which it treats the Delegated Law No. 13, of August 27, 1992.

Art. 38. The Gratification of Qualification-GQ, pecuniary advantage to be granted to the occupants of the posts referred to in the incisses I and II of the art is hereby established. 21, in retribution for the fulfillment of technical-functional, academic and organizational requirements necessary for the performance of the supervision, management or advising activities, when in effective exercise of the office, in percent of ten percent or twenty percent of the highest basic salary of the job, in the form set out in regulation.

§ 1º The requirements needed for GQ perception cover the level of capacity-building that the server posits:

I-to the policies, guidelines and sectoral and global strategies of PREVIC;

II-to the services that are affecting you, in your operationalization and in your management; and

III-à conclusion, with harnessing, of the following modalities of courses:

a) doctorate;

b) master's degree; or

c) postgraduate degree in broad sense, with minimum hourly load of Three hundred and sixty hours-class.

§ 2º The appropriateness of the courses to the activities performed by the server at PREVIC will be the subject of evaluation by the Special Committee for GQ Grant, to be instituted upon act of its Collegiate Board.

§ 3º Specialization courses with minimum hourly load of three hundred and sixty hours-class, in the area of interest of the entities, will be able to be equated with postgraduate courses in meaning ample, upon evaluation of the Committee referred to in § 2º of this article.

§ 4º To the server with the level of functional qualification provided for in Paragraph 1º of this article will be granted GQ, in the form established in regulation, observed the following parameters and limits:

I-GQ of twenty percent of the highest basic salary of the office, up to the limit of fifteen percent of the top level positions provident; and

II- GQ of ten per cent of the highest basic salary of the post, up to the limit of thirty per cent of the top level posts provided.

§ 5º The fixation of vacancies placed in competition, with the minimum bid of seventy and five per cent of the existing vacancies, and the criteria for distribution, homologation, classification and granting of GQ, will be established in specific regulation.

§ 6º The quantitative ones provided for in § 4º of this article will be set, semestrally, considered the total of effective positions provident on December 31 and June 30.

Art. 39. In addition to the duties and prohibitions provided for in Law No. 8,112 of December 11, 1990, apply to the servers in effective exercise at PREVIC:

I-the duty to keep secrecy about active and passive operations and services provided by the closed welfare closed entities of which they have knowledge on the grounds of office or function, as per the regulation of PREVIC;

II-the following prohibitions:

a) provide services, even if any, to closed supplementary provident entities whose activity is controlled or scrutinised by PREVIC, save the specific designation cases;

b) firm or maintain contract with closed entities of supplementary welfare;

c) engage in other professional activity, inclusive of company operational management, or political-partisan direction, excepted cases admitted into law;

d) to counter deliberations, appear normative or technical guidance adopted by the PREVIC Board; and

and) exercise its attributions in administrative process, in which it is party or interested, or there is acted as a representative of either party, or in which it is interested in consanguineous or aended relative, in a straight or collateral line, up to the second degree, spouse or companion, as well as in the remaining hypotheses of the legislation, inclusive procedural.

§ 1º Non-observance of the duty provided for in the inciso I of the caput of this article is deemed to be a serious lack, subjecting the offender to the penalty of resignation or retirement cassation or availability, of which treat the arts. 132 and 134 of Law No. 8,112, 1990.

§ 2º The infractions of the prohibitions set out in the inciso II of the caput of this article are punished with the penalty of warning, suspension, dismissal or retirement cassation, according to with gravity, as per the provisions of the arts. 129, 130 and its § 2º, 132 and 134 of Law No. 8,112, 1990.

§ 3º Applying to the Federal Prosecutors in exercise in PREVIC the provisions of this article, except the provisions of paragraph (d) of the inciso II.

Art. 40. They are minimum prerequisites for promotion to the classes of the top level posts referred to in Annex I of this Interim Measure as follows:

I-Class B:

a) possess certification in capacitive events, totaling at least three hundred and sixty hours, and minimum five-year experience, both in the specific field of acting of each career; or

b) possess certification in capacity-building events, totaling at least two hundred and forty hours, and minimum eight-year experience, both in the specific field of acting of each career;

II-Special Class:

a) to be holder of certificate of completion course of specialization of at least three hundred and sixty hours and minimum age of fourteen years, both in the specific field of acting of each career; or

b) be title holder of master's and minimum experience of twelve years, both in the specific field of acting of each career; or

c) being a doctor's title holder and minimum ten-year experience, both in the specific field of acting of each career.

Single paragraph. For the purposes of this article, it does not consider the server's remoteness time for empowerment as experience.

Art. 41. For the purposes of progression and career promotion, the occupants of the posts referred to in art. 21 will be submitted to the functional performance evaluation, which will have its results ascertained semestrally and consolidated every twelve months, obeying the provisions of this Interim Measure.

§ 1º PREVIC will implement specific instrument of performance evaluation, establishing standardized criteria for measurement of the performance of its employees, observed the following minimum criteria:

I-productivity at work, based in previously established standards of quality and economicity;

II-capacity of initiative;

III-compliance with the standards of procedures and conduct in the performance of assignments of the post; and

IV-discipline.

§ 2º The evaluation criteria will be applied and weighted in accordance with the characteristics of the functions exercised, being deemed insufficient, for achieving progression or promotion by meritment, the performance ascertained in evaluation that proves the disservice, in a customary manner, of any of the requirements set out in § 1º of this article.

§ 3º Will be given prior knowledge to the servers of the criteria, standards and standards to be used for the evaluation of their performance.

§ 4º It is ensured to the server the right to keep track of all the acts of instruction of the procedure that has per object the evaluation of its performance.

Art. 42. Are they created one hundred and fifty posts in committee of the Group-Direction and Higher Advising? DAS, which will integrate the structure of PREVIC, at the following levels: one of DAS 6, one DAS 5, eight DAS 4, forty-two DAS 3, seventy and four DAS 2 and twenty-four DAS 1.

Art. 43. Is the Executive Power authorized to remanve, transfer or use the budget balances of the Ministry of Social Security, once the restructuring needs of this, ato be in front of the structuring and maintenance expenses of PREVIC, using budgetary allocations intended for the finalistic and administrative activities, observed the same budgetary actions and expenditure groups as provided for in the Budget Law.

§ 1º Will be transferred to PREVIC the technical and patrimonial arrangements, as well as the obligations and rights of the Ministry of Social Welfare corresponding to the activities to it assigned.

§ 2º The administrative processes in tramway in the Supplementary Welfare Management Board and the Supplementary Welfare Office, of the Ministry of Social Welfare, respected the competences held within the scope of the units of the said Ministry, will be transferred to the House of Supplementary Welfare Resources of the National Supplementary Welfare Council and for PREVIC, respectively.

Art. 44. Until the definition of the PREVIC personnel framework, the servers in exercise at the Supplementary Welfare Office, at the discretion of the Ministry of Social Welfare, will be ceded to PREVIC, regardless of the occupation of office in committee or function of trust, without prejudice to the rights and inherent advantages of the respective effective posts, noted the provisions of the art. 8º of Law No. 10,593, of 2002.

Art. 45. The competencies assigned to the Supplementary Welfare Office of the Ministry of Social Welfare, by means of act of the Supplementary Welfare Management Board, of the National Monetary Council and of decrees, automatically become transferred to PREVIC, re-salvaged the provisions to the contrary of this Provisional Measure.

Art. 46. The Advocate General of the Union and the Ministry of Social Welfare shall promote, within the period of one hundred and eighty days, from the date of publication of this Provisional Measure, waiver of the ongoing legal proceedings involving the matter of competence of the PREVIC, which shall succeed the Union in such actions.

§ 1º The Advocate General of the Union shall petite before the judgment or Tribunal in which they tramp the proceedings mentioned in the caput informing the succession of parties.

§ 2º While it is not fulfilled the provisions of § 1º, it will be up to the Advocate-General of the Union to follow up the achievement and practice the necessary procedural acts.

Art. 47. The inciso XVIII of the art. 29 of Law No. 10,683, 2003, goes on to invigorate with the following essay:

" XVIII-from the Ministry of Social Welfare the National Council of Social Welfare, the Social Welfare Resources Board, the National Council of Supplementary Providence and up to three Secretaries; " (NR)

Art. 48. They include among the closed supplementary provident entities treated in this Interim Measure those of a public nature, referred to in the art. 40 of the Constitution.

Art. 49. They are set up, within the framework of the Federal Executive Power, to meet the needs of the Ministries of Sport, Defence, Science and Technology and the National Nuclear Energy Commission, forty-four positions in committee of the Group-Direction and Top Assessors-DAS, being two DAS-5, eleven DAS-4, thirteen DAS-3, eight DAS-2 and ten DAS-1, as well as a Gratified Function-FG -3.

Art. 50. The National Institute of Semi-Árido-INSA, created by Law No. 10,860 of April 14, 2004, goes on to be named National Institute of Semi-Arid Celso Furtado-INSA-CF.

Art. 51. They become extinct, within the framework of the Federal Executive Power, the vacant posts of the Cargo-PCC Classification Plan discriminated against in Annex IV.

Single paragraph. Act of the Executive Power will identify the lotion of the extinguished posts pursuant to this Interim Measure.

Art. 52. They are created in the Advocate-General Staff Framework of the Union, of which it treats Law No. 10,480, of 2002, the effective posts discriminated against in Annex V.

Art. 53. Until they are published the regulations referring to the entity and the bodies of which they treat the arts. 1º, 15 and 16, the Supplementary Welfare Office and the Supplemental Welfare Management Board will continue to perform its assignments, in compliance with the current legislation at the date prior to the publication of this Interim Measment.

Art. 54. It is revoked the art. 7º of the Provisional Measure No. 222 of October 4, 2004.

Art. 55. This Interim Measure shall come into force on the date of its publication.

Brasilia, December 30, 2004; 183º of Independence and 116º of the Republic.

LUIZ INACIO LULA DA SILVA

Nelson Machado

Amir Lando