Key Benefits:
DECREE NO. 4,307, OF July 18, 2002
Regulated the Interim Measree No. 2,215 -10 of August 31, 2001, which provides on the restructuring of the remuneration of the military of the Forces Armed, alters the Laws 3,765, of May 4, 1960, and 6,880, of December 9, 1980, and gives other arrangements.
THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers it on art. 84, incisus IV, of the Constitution, and with a view to the provisions of the Provisional Measure No. 2,215 to -10, of August 31, 2001,
D E C R E T A:
CHAPTER I
OF THE PROVISIONS PRELIMINARY
Art. 1º This Decree regulates the restructuring of the remuneration of the military members of the Armed Forces -Navy, Army and Aeronautics, in the Country and in peacetime.
Art. 2º For the purposes of this Decree, the following conceptuals are adopted:
I-Military Organization-OM: generic denomination given the body of troop, apportionment, establishment, ship, base, arsenal or any other unit tactical, operative or administrative of the Armed Forces;
II-headquarters: the entire territory of the municipality and the neighboring municipalities, when connected by frequent means of transport, within which the facilities of a Organization, military or not, where the assignments, assignments, tasks or activities committed to the military are performed, and may cover one or more OM or Guarnitions;
III-dependent: any of the persons listed in the § § 2º and 3º of the art. 50 of the Law No. 6,880 of December 9, 1980, constants of the settlements of the military; and
IV-date of the adjustment of accounts:
a) for the military of the active, in case of movement, is the transit boundary date regulatory; and
b) for the military excluded from active service, as per art. 94 of Law No. 6,880, of 1980, is the date of the shutdown of the OM.
CHAPTER II
OF THE ADDITIONAL
Art. 3º The courses that give right to the additional habilitation will be established by the Minister of State of Defense, ears the Force Commanders.
§ 1º To the military that owning more than one course will only be assigned the percent of greater value.
§ 2º The Force Commanders will establish, within the framework of their respective Forces, the equivalence criteria of the courses referred to in the caput of this article, including those carried out abroad, to the types of course referred to in Table III of Annex II to Provisional Measure No. 2,215 to -10, of August 31, 2001.
Art. 4º The additional organic compensation is the remunerative instalment due to the military, monthly, for compensation of organic wear resulting from the continued performance of the following special activities:
I-type I:
a) flight in military aircraft, as an organic crewman, meteorological observer, air observer and photogrammetric observer;
b) jump in parachutes, fulfilling military mission;
c) immersion, in the exercise of regulatory functions, on board submarine;
d) diving with escafandro or with apparatus, fulfilling military mission; and
and) air traffic control;
II-type II: work with X-rays or radioactive substances.
Single paragraph. To the military that exercising more than one special activity will be assigned only the additional of greater value.
Art. 5º The additional organic compensation is due:
I-during the learning of the respective special activity, as of the date:
a) of the first flight exercise in military aircraft;
b) of the first jump in military aircraft parachutes in flight;
c) of the first immersion in submarine;
d) of the first dive with escafandro or with apparatus;
and) of the beginning effective air traffic control activities; and
f) of the effective start of work with X-rays or radioactive substances;
II-in subsequent financial year compliance with the compliance of the evidence plan or of exercises, to the military qualified for the special flight activity, provided for in the point of the inciso I art. 4º of this Decree; and
III-during the period in which it is serving in specific OM of the activity considered, to the military qualified for the special activities provided for in points (b), ¿ ¿ e ¿ d ¿ do inciso I do art. 4º of this Decree, provided that the missions and plans of evidence or exercises established for the respective activities have been fulfilled.
Art. 6º To the military that has done jus to the additional organic compensation is ensured its incorporation to remuneration, by quotas corresponding to the period of effective performance of the special activity considered, observed the following:
I-as a result of the exercise of the special activities provided for in the points (a), ¿ ¿ e ¿ d ¿ do inciso I do art. 4º of this Decree:
a) each quota is incorporated at the end of one year of performance of the special activity considered, provided that the military has met the requirements set out in the respective plan of evidence or exercises;
b) the value of each quota is equal to one-tenth of the additional integral, incident on the weld of the post or the graduation of the military when completing the last proofs or exercises plan; and
c) the number of quotas, in those cases, may not exceed ten;
II-due to the exercise of the special activity provided for in point (b) of the inciso I of art. 4º of this Decree:
a) each quota is incorporated every three month period of jumping exercise, provided that the military has met the requirements of the evidence plan;
b) the value of each quota is equal to one twenty grandfathers of the additional integral, incident on the weld of the post or the graduation of the military; and
c) the number of quotas, in that case, may not exceed twenty;
III-in the wake of the exercise of the activity special provided for in point (s) of the inciso I do art. 4º of this Decree:
a) each quota is incorporated at the end of one year of performance of the considered activity;
b) the value of each quota is equal to one-tenth of the additional integral, incident on the soldo of the post or from the graduation of the military; and
c) the number of quotas, in such cases, may not exceed ten;
IV-due to the exercise of the special activity foreseen in the inciso II of the art. 4º of this Decree and under the conditions laid down in the relevant legislation.
Art. 7º The Force Commanders, within the framework of their competencies, will establish the evidence or exercise plans of each special activity that will give right to the payment of quotas.
Single Paragraph. For the purpose of the evidence relating to the special flight activity, provided for in point (s) of the inciso I of the art. 4º of this Decree, will the flights carried out on civilian aircraft, by military of the Aeronautics active duty, be considered in the fulfillment of specific missions of?Survey of Civilian Aircraft? e?Proficiency Check of Aeronavegants of Civil Aviation?.
Art. 8º In the light of future promotions, the military will have ensured the evolution of the calculations for the definitive payment of the additional organic compensation incident on the soldo of the new post or graduation, provided that, after the promotion, perform at least a new proofs or exercise plan.
Art. 9º Will Continue to make jus to the additional organic compensation the military:
I-student of the School of Training Officers, recruited among Prags, and who has already secured the right to the perception of the additional compensation organic, under the same conditions in which the recebia on the occasion of the matriculation;
II-hospitalized or on leave for treatment of the health itself on the grounds of the exercise of the activities foreseen in the inciso I of art. 4º of this Decree; and
III-estranged from your Organization to participate in course or internship related to the respective special activity, such as instructor, monitor or student.
Art. 10. The additional stay is the remunerative instalment due to the military, monthly, incident on the welt of the rank or graduation, regarding the period in which it continues or has continued in service, after having completed the minimum time of stay in active service, in the following percentage and situations:
I-five percent: military who, in activity, as of December 29, 2000, has completed or comes to complete seven hundred and twenty days longer than the time required for the transfer to paid inactivity; and
II-five percent to each promotion: military who, having satisfied the requirement of the inciso I of this article, come to be promoted in activity to the post or top graduation.
Single paragraph. The percentage provided for in this article is accumulative with each other.
CHAPTER III
DAS GRATUITIES
Art. 11. The right of the military to the gratification of special locality, when it is transferred, begins on the day of its submission to the OM of destination and basket in its shutdown.
Art. 12. It is assured of the military the right to the continuity of the perception of the special locality gratification in the unlevered departments of the OM.
Art. 13. The Minister of State for Defence, ears the Force Commanders, will specify the locations deemed to be inhospitable by classifying them into categories, as per previously established criteria, for the purposes of perception of the locality gratification special.
Art. 14. The gratification of representation is due to the military in accumulating percentage of each other.
Single paragraph. For the military in travel of representation, instruction or operational employment, as well as orders of foreign authority, the gratification of representation is due to the reason of two per cent of the soldo, per day.
Art. 15. For effect of this Decree, it is understood to be:
I-representation: the displacement carried out by military from the active to outside its headquarters, in the condition of representative of the Ministry of Defense or of the Force Commands, at events of interest of the institution;
II-instruction: the displacement carried out by military from the active to outside its headquarters, integrating the effective of an establishment of military education or part of it, for the participation in event whose goal is related to teaching activity, excluded the school exercise; and
III-operational employment: the displacement carried out by active-duty military out of its headquarters, integrating the effective of an organization military or part of it, when employed in the execution of military actions that target the constitutional mission fulfillment.
Art. 16. The gratification of representation of which it treats point? b? of the inciso VIII of the art. 3º of the Provisional Measure No. 2,215 -10, of 2001, is due only in the cases authorized, in an act of its own, by the Minister of State for Defence, in the case of the central administration, or by the Commander, in the respective Force Commands, in the following conditions:
I-on official representation travel at events of a military or civil nature that are in the interests of the Ministry of Defense or Force Commands;
II-in maneuver or exercise of subunit independent or higher escalations, carried out outside of thirst;
III-in school exercise developed, out of headquarters, by establishment of military education;
IV-on instruction trip carried out by establishment of military education;
V-in operational employment travel by OM, included the provision of logistical support; or
VI-when to orders of foreign authority.
Art. 17. For the purpose of calculating the number of days it makes jus the military to the gratification of representation to which the art relates. 16 of this Decree, it will be computed as one day the period equal to or greater than eight hours and less than twenty-four hours.
CHAPTER IV
OF OTHER REMUNERATIVE RIGHTS
Section I
From the Diary
Art. 18. The daily is due to the military, by day of removal, in the following values and situations:
I-by the full value:
a) when the pernight occurs outside its headquarters, regardless of the period of removal; and
b) if it is not provided accommodation in OM or granted, without burden for the military, another inn by the Union, the States, the Municipalities or by public or private institutions;
II-by half of the value:
a) when the remoteness does not require overnight outside of its headquarters;
b) when accommodation is provided in OM or granted, no burden to the military, another inn by the Union, by the states, by the Municipalities or by public or private institutions; and
c) on the day of the return to their registered office.
Single paragraph. In the hypotheses set out in paragraph (b) of the inciso I and in paragraph (b) of the inciso II of this article, the military shall indemnify the food, by the value of the step of the locality for which it has moved away, should it be supplied by OM.
Art. 19. They will not be granted daily in the following situations:
I-when food, inn and urban locomotion are guaranteed by the Union, the States, the Municipalities or by public or private institutions, nor when the removal is less than eight consecutive hours;
II-cumulatively with the aid of cost; and
III-cumulatively with the gratification of representation, due on the basis of the single paragraph of the art. 14 of this Decree.
Single paragraph. In the case of the incisus II of this article, it will be due to the military the pecuniary right of lesser value.
Art. 20. The daily will be calculated by taking as reference the local time of the headquarters of the military, and its values will be established and updated in an act of the Executive Power, observing differentiated values for:
I- Official-General;
II-Senior Officers;
III-Intermediate Officers, Junior Officers, Guards-Navy and Aspirant-Official;
IV-Suboficial, Sub-lieutenants, Aspirants, Cadets, Sergeants and students of the Officers Training Center of Aeronautics, Reserve Officers of the Reserve Officers of the Reserve, Naval College and Cadets Preparatory Schools; and
V-Too many Prags and Special Prags.
§ 1º In the departments entitled to the perception of daily, an addition will be granted to cover the displacement expenses up to the place of embarkation and landing to the place of work or lodging and vice versa, as Disposed of the executive branch.
§ 2º The addition of which treats § 1º will not be due to the military using official vehicles to effect the displacement to the place of boarding and landing to the site of work or lodging and vice versa.
Art. 21. They will be restituted by the military the daily ones received:
I-in completeness: when not moving away from the headquarters, for any reason; or
II-in the largest plot: in the hypothesis of the military returning to the head office, in deadline less than expected for its remoteness.
Single paragraph. The refund is to take effect within the maximum five working days:
I-of the date set for the removal, in the situation of the inciso I of the caput; or
II-of the day of return to the head office, on that mentioned in the inciso II of the caput.
Art. 22. The military departed from its headquarters, to accompany superior authority, will make jus to the daily of the respective authority, provided that it is designated in an act of its own, where it consents to the obligatory of its lodging at the same location of that authority.
Section II
From Transport
Art. 23. For the transport are adopted the following conceptuations:
I-means of transport: means necessary to the realization of the personnel displacements and the translating of their luggage;
II-requesting authority: the one that, in the performance of its assignments or by delegation of the competent authority, establishes the means of transport to be used, authorizes the payment of the transport and signs the respective requisitions;
III- requesting authority: the one who addresses the requisite authority, requesting arrangements for the execution of the transport;
IV-baggage: set of personal use objects of the military and its dependents, corresponding to furniture, appliances and household utensils, a car and a motorcycle, registered in a transit body, including in the form of mercantile lease-leasing, in its name or in the name of one of its dependents;
V- cubage: volume of the baggage to be transported measured in cubic metres;
VI-domestic employee: person providing services of a continuous nature and non-profit purpose to the military and its dependents, in scope residential, being entered in the competent social security organ and working portfolio carrier, annotated and signed by the employer;
VII-requisition of transport: skilful document, expedited by OM, to request transport;
VIII-transport request: document in which the interested user requests the transport which makes jus to the requisite authority of the OM to which it is linked, providing the necessary data and information the granting of the payment in kind or the issuance of the transport requisition;
IX-basic baggage transport fare: officially established value for the transport of one cubic metre of luggage, depending on the distance within kilometers of the stretch, considering included all the expenses to it inherent, as well as the insurance, which should be taken as the basis for the calculation of the damages;
X-trecho: pathway between the locality of origin and that of destination; and
XI-user: every person who has a right to transportation.
Art. 24. The serviceman obliged to change residency at the same headquarters, for the interest of the service or ex officio, will be entitled to the transport of the luggage, except the automobile and the motorcycle.
Art. 25. If necessary, the dependents of the transferred serviceman will be able to follow destination at a time other than that of the intended one for their move.
Art. 26. Occurring the movement of military spouses or stable companions, by interest of the service or ex officio, to another headquarters, will fit the transportation of an automobile and a motorcycle to both, provided that they are registered in accordance with the provisions of the inciso IV of the art. 23 of this Decree.
Single paragraph. In the case of this article, the personal and baggage transport, excepting the vehicles cited in the caput, will be due only to one of the military, based on the highest remuneration, the other being the one considered its dependant.
Art. 27. The military of the active mover in commission of commission of a duration of more than six months, the nature of which does not allow him to be able to keep up with his dependents and to imply his change of thirst, shall be entitled to personal and baggage transport:
I-for the site, where it is to carry out the commission, within the national territory and fix its residence; and
II-for its dependents and a domestic employee, for the locality where they set up new residence.
Single paragraph. The carriage of baggage referred to in this article shall not be able to exceed the limit of the cubage to which it is entitled to the military, taking as a basis for calculation the locality of its commission.
Art. 28. The active-duty military will be entitled only to personal transport, when it has to effect displacement outside the headquarters of its OM, in the following cases:
I-interest of the Justice or the discipline, when the matter involves interest from the Armed Force to which the military belongs, when the Union is authored, litisconsort or ré;
II-contest for admission to schools, courses or centres of training, specialization, improvement or updating, of interest of the respective Force;
III-by reason of service arising from the performance of your activity;
IV-low to the hospital organization or high of this, by virtue of competent medical prescribing or realization of health inspection;
V-consultation or health check by medical recommendation; and
VI-designation for course or internship without mandatory thirst or residency change.
§ 1º In situations provided for in this article, the passages are to be acquired by the competent body in accordance with the procedures laid down in specific legislation, except:
I-in cases of emergency; or
II- in the lack of infrastructure in the locality.
§ 2º The provisions of the incisions IV and V of this article apply to the dependents of the military.
§ 3º Case is necessary accompaniment to the military of the active or its dependent, by low or high hospital organisation, on the grounds of competent medical prescription, this will also have a right to personal transport on account of the Union.
§ 4º The military will be entitled to the personal transport and to the spouse or companion, within the national territory, in the following situations:
I-when you are required to move away from your domicile to undergo health inspection, for the purpose of receiving the stamp-invalidates; or
II-in its promotion to the posts of Officer-General for the solemnity of submission to the President of the Republic.
Art. 29. The military of the active licensee ex officio for completion of the service or internship time and for the convenience of the service, provided for in the points (s) to § 3º of the art. 121 of Law No. 6,880, of 1980, will be entitled to transport for you and your dependents, up to the locality, within the national territory, where you had your residence when being summoned, or to another locality whose value of personal and baggage transport be smaller or equivalent.
Art. 30. The military, in initial military service, when off active duty, under the conditions of the specific legislation, will be entitled to the passage for personal transport to the locality, within the national territory, where he had his residence when being summoned, or to another locality whose value of the pass is less or equivalent.
Art. 31. To the military in inactivity, the provisions of the incisos IV and V and in § 3º of the art apply. 28 of this Decree.
Art. 32. To the military in the inactivity will apply the provisions of the arts. 26 a 28 of this Decree, when summoned to the active or assigned to exercise function in the activity.
Art. 33. The willing in the inciso III of the art. 28 of this Decree extends to the military of the paid reserve and the restrained, performing task for the right time, pursuant to the inciso III of point (b) of § 1º of the art. 3º of Law No. 6,880, 1980, with the essay given by art. 5º of Law No. 9,442 of March 14, 1997.
Art. 34. It is up to the Union the costing of the expenses with the transside of the military's body of the deceased active duty, to the locality, within the national territory, requested by the family, including expenses indispensable to the effectivation of that transport, as disposed of ¿ f the inciso IV of the art. 50 of Law No. 6,880, of 1980.
Art. 35. When the demise of the inactive military or of the military dependant occurs in hospital organization, situated outside the locality where he resided, for which he has been removed by competent medical determination of the respective Armed Force, will be applied the provisions of the art. 34 of this Decree.
Art. 36. The requisite authority shall choose the nature of the means of transport to be used, meeting the needs of the service, the urgency and importance of the mission committed to the military and the economic expediency of the Union.
§ 1º In choice of the means of transport and accommodations to be used, the special situation relating to the health status of the military or its dependant will be taken into consideration, according to the information provided by the requesting authority, or transport request document constant.
§ 2º The accommodations and categories of personal transport to which they are entitled to the military and their dependents are expected to guard correspondence with the respective hierarchical circles, in accordance with Law No. 6,880, 1980.
§ 3º There will be no burden on the military and its dependents, when the transport is effected by the Union, excepted the cases provided for in the art. 44 and in § 3º of the art. 51 of this Decree.
Art. 37. For the authorization and execution of the transport for the movement of the military, the following modalities will be observed:
I-payment in kind to the military; or
II-on account of the Union, upon hiring of private companies.
§ 1º When there is no regular transport appropriate to the anticipated needs, the means of transport available in the Armed Forces or other governmental bodies may be used in the plots of the stretch where it is made necessary.
§ 2º When the transport is effected on account of the Union, the packaging and the translating of the baggage, including the insurance, to the place of embarkation and the landing points for the residency will be met with no burden on the military, in cases where this procedure is necessary.
Art. 38. The payment in kind of the transport, in the situations provided for in this Decree, shall be effective by the requesting authority and shall be the object of further substantiation by the military, within the maximum period of thirty days after the execution of the transport.
§ 1º The act of granting the payment in kind of the transport is to be published in internal bulletin or order of service of the unit of origin.
§ 2º The payment in kind of the transport to the military will be processed and paid in advance of minimum five working days of the date on which the journey occurs, in the cases provided for in the art. 28 of this Decree or until the date of the adjustment of accounts, in the remaining situations.
§ 3º The payment in kind from the transport, calculated on the basis of the tables of the Annexes I and II of this Decree, eequivale and replaces, for all purposes legal, the corresponding carrying out of the transport on account of the Union, inclusive of insurance and any other expenses that come to occur.
§ 4º The basic fare of carriage of baggage will be established according to the parameters fixed in the Attachments of this Decree.
Art. 39. The military shall refund the value received in kind by the transport, when it cees to follow fate:
I-in fulfilment of higher order;
II-for reason other independent of his will, acposted by the competent authority; or
III-for self-interest.
Single paragraph. The refund will be communicated in advance to the military.
Art. 40. The restitution of which treats art. 39 shall be communicated in advance to the military and amortized in monthly instalments whose values shall not exceed ten per cent of the remuneration, in the cases of its incisels I and II, and integral, in single parcel, in the case of inciso III of the same article.
§ 1º In the hypotheses of the incisos I and II of the art. 39, of the value to be restituted shall be discounted the expenses which demonstrably have been effected with the purpose of the transport.
§ 2º In the restitution cited in this article, the legislation that deals with update of the debits with the National Farm.
Art. 41. Personnel handling bodies and competent authorities to determine displacements of servicemen should be aware of the creditworthy availabilities, the only being responsible for the behaviour of the expenditure generated with the transportation, arising from these moves.
Art. 42. The packaging should comply with the general safety standards compatible with the nature of the means of transport and the luggage itself, owing its cost to be embedded in the price of the contracted transport services.
Art. 43. The transportation of the automobile and the motorcycle will be carried out using the same transport modality used for the translating of the rest of the luggage.
Art. 44. The military will cost the expenditure of the cubic metre of its baggage that surpass the limit to which it does jus, and also the difference arising from the use of a different means of transport than it is intended.
Para. single. Identical procedure will be observed for the expenses with the insurance of the transportation effected.
Art. 45. The accommodations and categories to which they make jus the military and their dependents are as follows:
I-in road transport:
a) bus bed for the Officers and their dependents; and
b) executive or conventional buses for the remaining users;
II-in air transport, as act of the executive branch;
III-in the rail transport:
a) cabin deprivative to the Officers-Generals, Senior Officers in the last post and their dependents;
b) cabin, for the remaining Officers and their dependents;
c) bed for the remaining servicemen and their dependents; and
d) first class, for the domestic employee;
IV-in the aquaviary transport:
a) luxury camarote, for the Officers-Generals, Top Officers in the last post and their dependents;
b) first-class camarote, for the remaining Officers and their dependents;
c) second class camarote, for the remaining military and their dependents; and
d) Camerote of third class, for the domestic employee.
§ 1º The military and its dependents, on road trip with a stretch of more than a thousand kilometers, will be entitled to transport on bed buses.
§ 2º In attire not covered by any of the categories cited in this article, the requesting authority will make the user's framing in the category that the closest to the one it would be entitled to.
Art. 46. Aerial passages will be granted:
I-to the Officers-Generals, Higher Officers and their dependents, whenever there is a regular line between the source localities and those of destination or in part of the path;
II-to Intermediate Officers, Subordinates Officers and their dependents, on voyage whose road stretch is greater than a thousand kilometers;
III-to the Officers Intermediaries, Subordinating Officers, too many military and their dependents, at the discretion of the requesting authority, when:
a) there is urgent need for the shifting military's displacement;
b) is more economical for the Union;
c) there is insufficiency of transport by other means;
d) there is an interest of the service; or
and) there is a need for simultaneous displacement, accompanying authority benefited by this means of transport.
Single paragraph. The transport of which it treats this article, when necessary, will be complemented by one of the existing regular means of transport, cited in the art. 45, for full coverage of the excerpted stretch between the source and destination locality.
Art. 47. The payment in kind of the transport due to the military will be calculated based on the prevailing tariffs on the date of the adjustment of accounts, as follows:
I-of baggage:
a) furniture, utensils and objects of use personnel: by the limit cubage to which you are entitled to the military, observed the constant table of Annex I to this Decree, multiplied by the value of the basic fare of the trecho considered for its move; and
b) automobile and motorbike: by the value of the cubage set out in Annex I to this Decree, multiplied by the value of the basic fare of the trecho considered for its handling;
II-of personnel: by the sum of the fares of the passages to which it has right the military.
Single paragraph. For the effectivation of the calculations cited in the inciso I of this article, it shall be based on the constant value of the table of Annex II to this Decree, corresponding to the mileage range in which the movement is understood.
Art. 48. Transportation requisitions will be issued separately, for personnel displacement and baggage translating, according to the models adopted by the Ministry of Defense and Force Commands.
Art. 49. In the personnel transport requisitions, the following data should appear:
I-financial year and budget allocation to the account of which will run the expense;
II-rank or graduation, full name and identity of the military, full name, date of birth and identity of their dependents, as transcribed in their settlements, and the full name and identity of the domestic employee;
III-name of the carrier company, when it is the case;
IV-number of entire passages and half passages requisitioned, with discrimination of the respective accommodations and categories, and name of the source and destination localities;
V- indication of the official act that mandated the move or authorized the displacement of the military;
VI-indication of the expedient who requested the transportation of personnel; and
VII-period of validity of the requisition.
Art. 50. The requisitions for baggage transport should contain the constant data of the art. 49, except those of the inciso IV of this, and more the following:
I-cubage of the baggage to be carried, obeyed the volume limits to which I am entitled to the military;
II-value attributed to the translation of the baggage;
III-value of the assessment of the baggage stated by the military, for the purpose of insurance; and
IV-withdrawal and delivery addresses.
Art. 51. The baggage insurance is mandatory, should the transport be done under the Union's responsibility, whatever the means of transport used.
§ 1º For an end of insurance, the baggage will be assessed, as described below:
I-furniture, appliances and household utensils: up to ten times the value of the solder of the post or the graduation of the military; and
II-automobiles and motorcycles: up to the value practiced in the vehicle market of the source locality ascertained on the date of the issuance of the requisition, applicable to the respective brand, model and year of manufacture.
§ 2º The insurance will be calculated on the value declared by the military for your baggage when this is lower than the ceiling obtained, in the form of the inciso I of § 1º of this article.
§ 3º Case the military judges insufficient the insured value for its baggage in the form of the inciso I of § 1º of this article, it may supplement it, provided that it plusts with the difference together with the carrier company.
Art. 52. For the implementation of the transport, the following deadlines are established, from the date of the shutdown of the military from its unit of origin:
I-two hundred and seventy days, for the established in the art. 25 of this Decree;
II-sixty days, for the established in the art. 27 of this Decree; and
III-thirty days, for the established in the arts. 29 and 30 of this Decree.
Art. 53. Where the transport cannot be carried out by the normal means or when it has to be carried out in paths and regions where there is no regular line of passengers or cargo, or, still, in other special situations not foreseen in this Decree, the requesting authority may authorize the supply of funds to the responsible agent, for the realization of these expenses.
Single paragraph. The accountability of such a fund supply will be done in the form established by the specific legislation.
Art. 54. The serviceman benefited and those responsible for granting the transport will respond in solidarity with the acts practiced at odds with the prescribed in this Decree.
Section III
Of The Cost Help
Art. 55. The cost aid, paid off in advance, is due to the military:
I-for the expense of locomotion and installation expenses, except those of transport, in the moves with change of thirst; or
II-on the occasion of transfer to gainful inactivity.
Single paragraph. It will make jus at the aid of cost, of which it treats the inciso I of this article, too, the displaced serviceman with the OM who has been moved from office, provided that, with this, it is obliged to change residency.
Art. 56. For the purpose of calculating its value, determination of the financial year and finding of dependents, it shall be taken as the basis of the date of the adjustment of accounts of the serviced military with the granting of the cost aid.
Art. 57. You will not be entitled to the cost aid the military:
I-bussed by:
a) self-interest;
b) war operation; or
c) maintenance of public order;
II-on the occasion of the return to the OM of origin, when off course or school for lack of harnessing or voluntary tuition of matriculation.
Art. 58. The military will refund the value received in kind as cost aid, when it cees to follow fate:
I-in higher order fulfillment;
II-for reason another independent of his will, acposted by the competent authority; or
III-for self-interest.
Single paragraph. The refund will be communicated in advance to the military.
Art. 59. On the refunds that it treats the art. 58, the provisions of the art apply. 40 of this Decree.
§ 1º In the hypotheses of the incisos I and II of the art. 58, of the value to be restituted will be discounted the expenses that, demonstrably, have been effected with the purpose of the transport.
§ 2º In the case of the inciso III of the art. 58, the value received in kind will be restituted, in full, in a single instalment.
§ 3º In the restitution cited in this article, legislation will be observed that deals with updating the debits with the National Finance.
Art. 60. Occurring the movement of military spouses or stable companions, by the interest of the service or ex officio, to a same headquarters, will be due aid of cost only to one of the military, based on the highest remuneration, the other being deemed his dependent.
Section IV
From Aid-fardment
Art. 61. If the military is promoted, or framed in points (b) (c) of Table II of Annex IV to Provisional Measure No. 2,215 -10, of 2001, in the period of up to one year after making jus for the benefit-fardment, it shall be due to the difference between the value of the aid referring to the new rank or graduation, and the effectively received.
Art. 62. In cases where the military loses the uniform in claim or in calamity, the granting of the fard-up stamp will be assessed upon syndication, determined by the Commander, Chief or Director of the military, on request of the claimant.
Art. 63. The hedged stamp will be calculated on the value of the welt of the current military officer on the date on which the payment takes effect.
Art. 64. For the purpose of the counting of the period referred to in paragraph (h) of Table II of Annex IV to Provisional Measure No. 2,215 -10, 2001, the day corresponding to the promotion.
Section V
shall be deemed to be the day.From Food Stamp
Art. 65. The food stamp is due only in one of the situations provided for in Table III of Annex IV of the Provisional Measure No. 2,215 to -10, of 2001.
Single Paragraph. The accumulation of the food stamp is veded with the payment of daily, except in the cases of the art. 70 of this Decree.
Art. 66. The military, when it is unable to receive food by your organisation or by another in the vicinity of the place of service or expedient, or when, by imposition of the working hours and distance from your residence, be obliged to make meals outside of it, having for so much extraordinary expenses, will make jus to food stamp duty, by day in which to fully comply with the expedient.
Art. 67. The values referred to in art. 66 correspond to:
I-ten times the value of the common step fixed for the locality, when in service of scale duration of twenty-four hours; or
II-five times the value of the common step fixed for the locality, when in service or expedient of more than eight hours of effective work and less than twenty four hours.
Art. 68. The military, when serving in military organization that does not have organized ranching service and cannot be ripped off by another organization nearby, will make jus at once the common step fixed for the locality, on the days when fulfilling expedient full journal.
Art. 69. The Square, from undergraduate to Terce-Sergeant, when on a regulatory vacation and is not fed by the Union will make jus at once the common step fixed for the locality.
Art. 70. The Square, from undergraduate to Terce-Sergeant serving in a special Category locality?A?, when accompanied by dependant, will make jus at once the common step fixed for the locality.
Art. 71. The food stamp will be given to the military in activity for the days of effective work in which it is not fed on account of the Union, resourced the situations provided for in the arts. 69 and 70 of this Decree.
§ 1º The food stamp to be granted in the form of the situation provided for in the art. 67 of this Decree, either isolated or alternately, will not be able to exceed ten days a month, by military.
§ 2º It is vetted to grant food stamp to the military that has been plucked by the organization, to which it is serving, or by another nearby, on any meals during the period of effective service.
§ 3º To end payment of the step of which they treat the arts. 68, 69 and 70 of this Decree, the full month will be considered to be thirty days.
Art. 72. For the purpose of payment of the food stamp, provided for in Table III of Annex IV to Provisional Measure No. 2,215 to -10, of 2001, it is incumbent upon each Force Command to classify the OM, as to the ranch, as per the criterion below:
I- OM with organized ranching service;
II-OM without organized ranch service, however supported; or
III-OM with no organized ranch service and no support.
Single paragraph. The classification of OM as being without organized ranching service, however supported, implies, obligatorily, in the indication of the OM supporter.
Art. 73. The military, when it cannot be fed by the organisation in which it serves, or by another in the vicinity of the place of service or expedient, is obliged to make meals outside it, having for so much extraordinary expenses, it will make jus at the value of the step common fixed for the locality, per day in which to fully comply with the expedient.
Art. 74. For the purpose of payment of food stamp duty, we shall equiv the OM the body, apportionment or establishment where the military is exercising functions considered, by law or regulation, as in the exercise of military function.
Art. 75. Except in the case of the art. 70 of this Decree, food stamp will not be granted cumulatively per day for more than one motivating situation of the payment of the benefit, prevailing the most beneficial for the military.
Section VI
Do Auxilio-funeral
Art. 76. The funeral stamp is to be paid, in kind, within the maximum period of forty-eight hours following the communication of the death to the OM, provided that the funeral has not been borne by the Union:
I-to the military, for the death of the spouse, companion or other dependent;
II-to the widower or to the widow of military, by death of dependent, obeyed the art. 50, § 2, inciso VII, of Law No. 6,880, of 1980; and
III-to the beneficiary of the military pension, observed the respective order of habilitation, by the death of the military, the widower or the widow of military referred to as the inciso II of this article.
§ 1º If the funeral is costed by third party, this will be indemnified, observed the limit of the mentioned aid.
§ 2º The expenses of preparation and the trans-end of the body are not borne by the funeral stamp, being provided for in the arts. 34 and 35 of this Decree.
Section VII
Of The Birth Stamp
Art. 77. The birth stamp is pecuniary law corresponding to once the welt of the post or graduation due to the military by reason of the birth of the child.
§ 1º In the hypothesis of both genitors being military, the birth stamp will be paid only to the parturient, on the basis of the solder of the one who possesses the highest remuneration or provenance.
§ 2º In the assumption of one of the genitors being public servant, payment will be made in the form of § 1º of this article, by resignation express from the other genitor to the same benefit, under the specific legislation.
§ 3º In the multiple childbirth hypothesis, the birth stamp will be increased by fifty per cent per newborn.
§ 4º The military, father or mother of the natikilled, does jus to the birth stamp and funeral stamp, whose payments will be made upon presentation of the death certificate.
Section VIII
From Aid-disability
Art. 78. The military that makes jus to the disability stamp will present, annually, a statement that it does not exercise any paid, public or private activity.
Single paragraph. The payment of the invalidity stamp will be suspended if it is found that the military exercises any paid activity or does not present the statement referred to in the caput.
Art. 79. At the discretion of the administration, the military shall be periodically subjected to the health inspection and, if found that it is not found in the health conditions laid down in Table V of Annex IV to Provisional Measure No. 2,215 to -10, of 2001, the disability benefit will be suspended.
Section IX
From the Additional of Holidays
Art. 80. The additional holiday will be paid, in advance, in the value corresponding to one-third of the remuneration for the starting month of the holidays.
§ 1º The military excluded from active duty, by transfer to the paid reservation, reform, dismissal, licensing, in the return to inactivity after convocation or in the designation for the active service, will perceive the value pertaining to the holiday period to which you are entitled and to the incomplete, in the proportion of a twelve avos per month of effective service, or fraction of more than fifteen days.
§ 2º The payment of the advance payment of the military's holiday pay will be effected until two days before the respective period, provided that the rewant with at least sixty days of in advance.
§ 3º The military that operates directly and permanently with X-rays or radioactive substances and is entitled to a vacation of twenty consecutive days, per semester of activity, does jus to the additional holiday proportionally to the period of estrangement.
Twentieth Section
From the Natalino Additional
Art. 81. The additional natalino corresponds to a twelve avos of the remuneration to which the military does jus in the month of December, per month of service, in the respective year.
§ 1º The military excluded from the active and off service of the OM to which it is bound, by reason of dismissal, licensing, or disincorporation, will receive the additional in a proportional manner, calculated on the remuneration of the month of the shutdown.
§ 2º The fraction equal to or greater than fifteen days will be considered to be full month.
Art. 82. The additional Christmas will be paid to the military in activity, at the inactivity and to the military pension beneficiary, in two installments:
I-the first installment in June, in value corresponding to half of the remuneration, probate or Pension realized in the previous month; and
II-the second installment until the day twenty December each year, discounted the advance of the first instalment.
Single paragraph. For the military of the active, at the vacations of the holidays, as long as the rewant, it will be paid the first instalment of the additional natalino, corresponding to the half of the remuneration perceived in the month preceding the holidays.
CHAPTER V
DOS DESCONTOS
Art. 83. The occupants of Residential National-PNR are subject to the following charges:
I-fee for use; and
II-fine for irregular occupation.
Art. 84. The usage fee is the monthly value due by the PNR occupant, discounted preferentially on payroll, up to the limit of ten percent of the value of the solder of the rank or of the graduation of the military, cabling each Force Command specific.
Art. 85. The fine for irregular occupancy is the penalty imposed from the date on which the PNR user or his dependents remain occupying the PNR, after the deadline has elapsed for vacancy.
§ 1º The fine will be renewed every thirty subsequent days to the date of characterization or fraction and its application shall be preceded by notification to the occupant.
§ 2º The collection will preferably be made on payroll.
§ 3º The value of the fine will be ten times the value of the PNR usage rate.
CAPITCHAPTER VI
OF THE GENERAL PROVISIONS
Art. 86. The taxpayer that treats art. 35 of the Provisional Measure No. 2,215 -10, of 2001, which passes twenty-four months without collecting its contribution, shall lose the right to leave military pension.
Single paragraph. If the taxpayer fails within that time frame, his beneficiaries are required to pay the debt in full in the act of the first payment of the pension.
Art. 87. The special pensions of ex-combatants provided for in Law No. 8,059 of July 4, 1990, as well as pensions for beneficiaries amated by art. 26 of Law No. 3,765 of May 4, 1960 shall be constituted of the weld and the additional military correspondents to the Second-Lieutenant or Second-Sergeant, as the case may be.
Art. 88. The military of the paid reserve and the restrained, performing task for the right time, upon entering an annual holiday enjoyment, will make jus the additional holiday and the first instalment of the natalino additional, as long as the rewant, incidents on the predicted value in the art. 23 of the Provisional Measure No. 2,215 to -10, from 2001.
Art. 89. It could not be considered time of public service, in the terms of the inciso I of the art. 137 of Law No. 6,880, of 1980, the period in which it is provided, by inactive military, task for the right time.
Art. 90. The expense arising from the payment of the additional and too much advantages, referred to in art. 88 of this Decree, will be met with budget resources of the Military Commands, even in the cases of task provision outside of the Singular Force.
Art. 91. The completion of the habilitation procedure for the military pension, provided that the submitted documentation is in order, is to occur within the maximum ninety days, counted from the date of the protocol application in the competent OM.
Art. 92. The right to the perception of remuneration corresponding to the higher hierarchical grade or to the improvement of that remuneration, provided for in art. 34 of Provisional Measure No. 2,215 -10, of 2001, will only produce financial effects from the time of the transfer to the inactivity.
Single Paragraph. The occupying officer of the last rank of the military hierarchy of his Force, in peacetime, who has secured the right provided for in the caput of this article, will have his ordeals calculated on the basis of the sum of the following plots:
I- weld of the last post; and
II-difference between the weld of the last post and the weld of the immediately anterior hierarchical post.
Art. 93. In the calculation of the years of service of the military might be computed the service times provided for in the arts. 33, 36 and 37 of the Provisional Measure No. 2,215 to -10, of 2001, and in the incisians I, III and VI of the art. 137 of Law No. 6,880, of 1980.
§ 1º The time of service in private activity linked to the General Social Welfare Regime, provided by the military, previously to its incorporation, tuition, appointment or reinclusion, provided that not superimposed on any other public service time, will be counted only for carryover effect for gainful inactivity.
§ 2º The holiday periods not enjoyed until December 29, 2000 will be counted at double, as art. 36 of the Interim Measment 2,215 to -10, from 2001, provided that recorded in the settlements of the military.
Art. 94. The military considered invalid, in the cases provided for in the incisos III to V of the art. 108 of Law No. 6,880, of 1980, will be reformed with proceeds calculated on the basis of the weld corresponding to the immediate hierarchical degree to what would do jus in the inactivity, up to the limit set out in the single paragraph of the art. 152 of the same Law.
Art. 95. It will be due to the value of a remuneration for each month of special unenjoyed leave, if converted into sinning, as disposed of in the art. 33 of the Provisional Measure No. 2,215 to -10, from 2001.
Art. 96. For the effect of service time count of which treats art. 30 of the Provisional Measure No. 2,215 -10, 2001, shall observe the relevant standards, applicable to the military and the victors on December 28, 2000.
Art. 97. The art. 14, the § 1º of the art. 16 and the art. 33 of the Decree No. 92,512 of April 2, 1986, pass the vigour with the following essay:
?Art. 14. The contribution of up to three and a half per cent to the month, to constitution of the Health Fund, of each Armed Force, will be established by the respective Force Commander.? (NR)
?Art.16 ..................................................................
§ 1º The value of the Medical Service Unit-USM-corresponds to zero comma zero zero four percent of the solder of the Captain-of-the-Sea-and-War post.
....................................................................................? (NR)
?Art. 33. The indemniations provided for in this Decree, except for the companion daily, may be paid in sight or in monthly installments, being considered debts to the National Farm and subject to mandatory discount, as set out in specific legislation.
Single paragraph. The Military Commanders, within the framework of their respective Forces, observed the peculiarities and conveniences of the medico-hospital assistance systems, will set the percentage for spot payment or monthly installments, as well as the criteria and modalities of payment of the chaperone daily indemnity.? (NR)
Art. 98. The renunciation of the military to the benefits provided for in Law No. 3,765 of 1960, referred to in § 1º of the art. 31 of the Provisional Measure No. 2,215 to -10, of 2001, does not raise any pecuniary right for the period in which the military has contributed, pursuant to that article.
Art. 99. The art. 4º of the Decree No. 3,643 of October 26, 2000, passes the viger with the following essay:
?Art. 4º The value of the daily of the military, in the Country, are the constants of Annex II to this Decree.? (NR)
Art. 100. This Decree comes into effect on the date of its publication.
Art. 101. Repealed Decrees 98,972, February 21, 1990; 722, January 18, 1993; 958, October 11, 1993; 986, November 12, 1993; 1,423, March 23, 1995; and 3,557, of August 14, 2000.
Brasilia, July 18, 2002; 181º of Independence and 114º of the Republic.
FERNANDO HENRIQUE CARDOSO
Geraldo Magela of the Cross Quinton
Guilherme Gomes Days
ANNEX I
CUBAGE LIMITS TABLE TO BE USED IN BAGGAGE TRANSPORT
I-furniture, utensils and personal use objects:
| Rank / Graduation | m3 |
| Admiral-de-Esquadra, General-of-Army, Lieutenant-Brigadier, Vice-Admiral, General-of-Division, Major-Brigadier, Contra-Admiral, General-of-Brigade and Brigadier | 60 |
| Captain-of-Mar-and-War, Colonel, Captain-of-Fragata, Lieutenant Colonel, Capitol-De-Corveta and Major | 55 |
| Capiton-Lieutenant, Captain, First-Lieutenant and Second-Lieutenant | 50 |
| Guard-Navy and Aspirant-to-Official | 45 |
| Petty Officer, Sublieutenant and First-Sergeant |
50 |
| Second-Sergeant and Third-Sergeant | 45 |
| Cable, Taifeiro-Mor, Sailors, Soldiers, and Taifeiros | 35 |
| Aspirant, Cadet, Student of the remaining Officers Training Schools, Student of the Naval College, from the Preparatory School of Army Cadets, from the Preparatory School of Air Cadets, Student Training Body of Reserve Officers, Student of School or Training Center of Sargentos, Grumete, Learning-Marinner and Student of Training Body of Reservation Prays | 5 |
II-vehicles:
| Type | m3 |
| Automobile | 12 |
| Motorcycle | 3 |
ANNEX II
TABLE FOR THE CALCULATION OF THE COMPENSATION OF THE TRANSPORTATION OF THE LUGGAGE
OF THE MILITARY, BY ROAD, WITHIN THE NATIONAL TERRITORY
| Distance between the Source and the Location Locality Target | Value in R$ per m3 carried |
| ATÉ 50 km | 29.64 |
| FROM 51 A to 100 km | 32.50 |
| FROM 101 A to 200 km | 38.48 |
| FROM 201 A to 400 km | 51.47 |
| FROM 401 A to 600 km | 63, 77 |
| FROM 601 A to 800 km | 76.67 |
| FROM 801 A to 1000 km | 88.61 |
| FROM 1001 A TO 1200 km | 100.68 |
| FROM 1201 A TO 1400 km | 113.04 |
| FROM 1401 A to 1600 km | 125.48 |
| FROM 1601 A to 1800 km | 138.06 |
| FROM 1801 A to 2000 km | 150.84 |
| FROM 2001 A to 2200 km | 163.80 |
| FROM 2201 A to 2400 km | 176, 93 |
| FROM 2401 A to 2600 km | 189.22 |
| FROM 2601 A to 2800 km | 201.50 |
| FROM 2801 A TO 3000 km | 214.14 |
| FROM 3001 A TO 3200 km | 226.46 |
| FROM 3201 A to 3400 km | 238.82 |
| FROM 3401 A to 3600 km | 251.34 |
| FROM 3601 A to 3800 km | 263.88 |
| FROM 3801 A to 4000 km | 276.17 |
| FROM 4001 A to 4200 km | 288, 91 |
| FROM 4201 A to 4400 km | 301.52 |
| FROM 4401 A to 4600 km | 314.47 |
| FROM 4601 A TO 4800 km | 327.12 |
| FROM 4801 A TO 5000 km | 339.15 |
| ACIMA OF 5000 km | 352.61 |
