Key Benefits:
DECREE NO. 5,405 OF March 28, 2005
Approves the Regimental Structure and the Demonstrative Frame of the Positions in Commission and the Gratified Functions of the National Welfare Oversight-PREVIC, and gives other arrangements.
THE PRESIDENT OF THE REPUBLIC, in the use of the assignments that gives him art. 84, incisus IV and VI, paragraph (a) of the Constitution, and with a view to the provisions of the Provisional Measure No. 233 of December 30, 2004,
DECRETA:
Art. 1º Stay approved the Regimental Structure and the Cargos Demonstrative Framework in Commission and the Gratified Functions of the National Welfare Oversight-PREVIC, in the form of the Annexes I and II to this Decree.
Art. 2º In deed from the provisions of the art. 1º, stay remanded, in the form of Annex III to this Decree, from the Office of Management, the Ministry of Planning, Budget and Management, to PREVIC, the following posts in committee of the Group-Direction and Higher Assessors-DAS and Functions Gratified-FG: four DAS 101.5; ten DAS 101.4; one DAS 101.3; twelve DAS 101.1; five DAS 102.4; six FG-1; ten FG-2; and twelve FG-3.
Art. 3º The Minister of State for Social Security will make it published in the Official Journal of the Union, within sixty days, counted from the date of publication of this Decree, nominal relationship of the holders of the posts in committee of the Group-Direction and Superiors Superiors-DAS, referred to in Annex II, indicating, including, the number of vacant positions, their denomination and their respective level.
Art. 4º The internal regiment of PREVIC will be approved by the Minister of State for Social Welfare and published in the Journal Union official, within ninety days, counted from the date of publication of this Decree.
Art. 5º They are kept, until their review by PREVIC, observed the competencies of this Autarquia, the normative and operational acts of the Supplementary Welfare Office, of the Ministry of Social Welfare, in force on the date of publication of this Decree.
Art. 6º Ficam transferred from the Ministry of Social Security to PREVIC:
I-the technical and patrimonial acquis, obligations, rights and revenues, inclusive of their organs, in particular, of the extinct Supplemental Welfare Secretary, necessary for the performance of their functions; and
II-os contracts or parcels of these relating to the maintenance, installation and operation of PREVIC.
Art. 7º The Ministry of Social Welfare and the National Institute of Social Insurance will provide the necessary support for the maintenance of PREVIC's activities, up to its complete organization.
Art. 8º This Decree goes into effect from the date of its publication.
Brasilia, March 28, 2005; 184º of Independence and 117º of the Republic.
LUIZ INÁCIO LULA DA SILVA
Paulo Bernardo Silva
Romero Juhere Filho
CHAPTER I
OF THE NATURE, HEADQUARTERS AND COMPETENCE
Art. 1º The National Superintendency of Complementary-PREVIC, a special nature municipality, endowed with administrative and financial autonomy and equity, linked to the Ministry of Social Welfare, with headquarters and venue in the Federal District, will have acting on the entire national territory, for indefinite time, as a watchdog entity and of supervision of the activities of the closed entities of supplementary welfare and execution of the policies for the supplementary provident regime operated by the closed entities of supplementary providence.
Art. 2º Compete to PREVIC:
I-proceed to the surveillance of the activities of the closed welfare entities supplementary and their operations, and to apply the enforceable penalties, pursuant to the legislation;
II-expedpt directions and establish procedures for the application of the standards regarding their area of competence, in accordance with the guidelines of the National Supplemental Welfare Council;
III-authorize:
a) the constitution and operation of the closed entities of complementary foresight, as well as the application of the respective statutes and regulations of benefit plans and their changes;
b) the operations of merger, spinning, incorporation or any other form of societary reorganization, concerning the closed entities of supplementary providence;
c) the celebration of convents and terms of accession 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, benefits plans and reservations among closed entities of complementary foresight;
IV-harmonize the activities of the closed welfare entities supplementing with the standards and policies established for the segment;
V-enact intervention and extrajudicial settlement of the closed entities of supplementary welfare, as well as to appoint interventor or liquidator, pursuant to applicable law;
VI-appointing special administrator of specific benefit plan, and may assign him powers of intervention and extrajudicial settlement in the respective plan, in the form of the legislation;
VII-decide, in the administrative sphere, conflicts of interest between closed entities of provident supplemental and among these and its participants, assisted, sponsors or institutors, as well as dispose of the missing cases;
VIII-apurar and judge the infractions, applying the cableable penalties;
IX-submit annual report of its 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 fulfilling your goals.
Single paragraph. In the exercise of their administrative competencies, it is still incumbent on PREVIC;
I-deliberate and adopt the procedures required, under the law, as to the celebration, alteration or extinction of their contracts;
II-hiring works or services, in accordance with applicable law;
III-acquire, administer and divest your assets;
IV-submit to the Minister of State for Social Welfare your proposal of budget; and
V-exercise other attributions arising from law or regulation.
CHAPTER II
OF THE ORGANIZATIONAL STRUCTURE
Art. 3º PREVIC has the following structure organization:
I-collegiate body: Colegiated Board;
II-bodies of direct and immediate assistance to the Director-Superintendent:
a) Cabinet; and
b) Advisory of Social Communication;
III- direct assistance organs to the Colegiated Directorate:
a) Ouvidoria;
b) Corregia; and
c) Coordination-General of Planning and Special Projects;
IV-sectional bodies:
a) Direction of Administration;
b) Internal Audit; and
c) Federal Prosecutor's Office;
V-specific organ-specific organs:
a) Supervisory board;
b) Direction of Studies and Norms; and
c) Directorate of Technical Analysis and Information.
CHAPTER III
OF THE DIRECTION AND APPOINTMENT
Art. 4º The PREVIC will be administered by a Colegiated Board composed of a Director-Superintendent and four Directors, chosen from among persons of ilibada reputation and of notorious competence in supplementary providence, to be nominated by the Minister of State for Social Welfare and appointed in the form of the current legislation.
Single paragraph. The appointment of the Chief Prosecutor and the Auditor-in-Chief should be preceded, respectively, of annuence by the Federal Attorney General and the Controller-General of the Union.
CHAPTER IV
OF THE COLLEGIATE ORGAN
Art. 5º The Colegiated Directorate, consisting of five members, has the following composition:
I-Director-Superintendant;
II-Director of Surveillance;
III-Director of Studies and Norms;
IV-Director of Technical Analysis and Information; and
V-Director of Administration.
§ 1º The deliberations of the Board regarding the incisos V, VI and XI of the art. 7º will be adopted by an absolute majority, observed § 2º of this article.
§ 2º The Colegified Directorate may, by absolute majority, delegate competence:
I-to any of its members, in the form of regiment internal; and
II-to the Director of Surveillance to exercise the assignments provided for in the incisos V and VI of the art. 7º, except in cases where:
a) the infraction indicates application of pecuniary fine of higher value to R$ 30,000.00 (thirty thousand reais), of suspension penalty for period of more than thirty days or temporary inabilitation; and
(b) the administrative debt collection corresponding to the period of more than two quarters, concerning the Supervisory and Control Rate of Supplementary-TAFIC.
§ 3º In relation to the remaining subjects, deliberations will be taken by a simple majority, present most of their members, cabling to the Director-Superintendent, in addition to their vote, the one of quality.
Art. 6º The sessions of the Colegiated Board will be registered in minutes, which will stay archived and available in the form of the PREVIC internal regiment.
CHAPTER V
OF ORGAN COMPETENCIES
Section I
From the Collegiate Body
Art. 7º Compete to the Colegiated Board:
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 entities of supplementary welfare;
II-set the general guidelines for the preparation of plans, programs and goals of improvement, development, empowerment and human resource management;
III-set guidelines referring to the human resource provement and administration of the PREVIC general staff framework;
IV-determine investigations, institute investigations, and approve annual surveillance programmes in the framework of the Regime operated by closed entities of supplementary welfare, as well as decide on the cableable penalties;
V-decide on the conclusions of the final report of administrative proceedings, initiated by lavrent of self-infringement or by setting up administrative enquiry, instituted to ascertaining the responsibility of physical or legal person, by action or omission, in the exercise of their assignments or competencies, concerning infringement of the legislation under the supplementary provident regime operated by the closed entities of supplementary providence;
VI-appreciate and judge, in the first degree, the impugments regarding the tax launches of TAFIC;
VII-ascertain and judge infractions, applying the penalties cableable;
VIII-elaborate and publicize periodic reports of their activities;
IX-review and forward the accounting demonstratives and the benefits of PREVIC's accounts to the organs competent;
X-approve the strategic plan of PREVIC;
XI-propose to the Minister of State for Social Welfare the internal regiment of PREVIC and its amendments;
XII-enact intervention or extrajudicial settlement of the closed entities of complementary foresight;
XIII-designating special administrator for specific benefits plan operated by closed entity of supplementary welfare, and may ascribe to it powers of intervention and extrajudicial settlement in the respective plan, in the form of the legislation;
XIV-expedit instructions and establish procedures for application of the standards regarding their area of competence, in accordance with the guidelines of the National Welfare Council Supplemental;
XV-harmonize the activities of the closed welfare entities complementary with the standards and policies established for the segment;
XVI-decide, in the administrative sphere, conflicts of interest among closed entities of complementary foresight and among these and their participants, assisted, sponsors or institutors, as well as dispose of the missing cases;
XVII-forward the annual report of PREVIC's activities to the Minister of State for Social Welfare;
XVIII-approve the budget proposal to be submitted to the Minister of State for Social Welfare; and
nineteenth-deliberating about:
a) celebration, alteration or extinction of their contracts;
b) appointment and exoneration of servers; and
c) acquisition, administration and disposal of your assets;
XX-negotiate and enter into agreement with the Minister of State of Social Security for the establishment of management and performance targets for PREVIC; and
XXI-exercise other attributions arising from law or regulation.
Section II
From the Direct and Immediate Assistance Bodies to the Director-Superintendent
Art. 8º To the Cabinet competes:
I-assist the Director-Superintendent in his / her assignments of legal, institutional and social representation;
II-occupy the institutional relations and the preparer and dispatch of your personal expedient;
III-provide for the official publication and dissemination of the subjects related to the PREVIC's acting area;
IV-assist the Director-Superintendent in the subjects concerning international agreements;
V-collaborate on the integration of PREVIC's organs and drives; and
VI-exercise other competencies that are committed to it by the Director-Superintendent.
Art. 9º To the Social Communication Advisory competes to plan, coordinate, supervise and execute the development of the media activities in the framework of PREVIC.
Section III
From the Direct Assistance Organs to the Colegiated Directorate
Art. 10. À Ouvidoria competes:
I-receive and forward the complaints, complaints, representations and suggestions that relate to the activities and operations of the closed entities of complementary foresight;
II- inform the person concerned of the progress and the outcome of the arrangements adopted in relation to the demonstrations received; and
III-present recommendations to the Colegified Directorate that are aimed at the enhancement of the supplementary provident regime operated by closed welfare entities complimentary.
§ 1º The Ouvidor will act without hierarchical subordination to the Colegiated Directorate; exercising its assignments without accumulation with other functions, ensured autonomy and independence in the conduct of their activities.
§ 2º The Ouvidor will forward semester to the Colegiated Directorate report of its activities, containing the forwarding of the demonstrations received in the Ouvidoria, as well as the recommendations that understand bootable.
Art. 11. The Internal Affairs competes:
I-scrutinize the legality of the functional activities of the servers and leaders of PREVIC;
II-appreciate the complaints, complaints, representations and suggestions on the acting of the servers and leaders, as well as issuing opinion;
III-carry out brokerage in the organs and units, suggesting the necessary measures to the rationalization and efficiency of services; and
IV-institute syndications and disciplinary administrative processes.
Section IV
From the Sectional Organs
Art. 12. To the Board of Directors competes:
I-plan, coordinate and supervise the execution of the organizing activities and administrative modernization, as well as those related to the federal human resource systems, general, planning and budget services, of accounting for information resources and informatics, and of financial administration, within the framework of PREVIC;
II-propose to the Colegified Directorate:
a) PREVIC's annual and multi-year budget plans and programs;
b) general guidelines, inclusive quantitative and qualitative global targets, as to the use, maintenance and management of heritage and operating expenses, in consonance with the action plan approved by the Colegiated Board;
c) general guidelines for the preparation of plans, programs and goals of improvement, development and management of human resources; and
d) guidelines referring to the human resource provement and administration of the PREVIC general staff framework;
III-promote the activities of budget, financial and accounting execution, within the framework of PREVIC;
IV-manage the physico-budgetary and financial execution of the established annual programming, proposing, if necessary, actions corrective;
V-manage the acquisition, use and maintenance of movable property, materials and services, in consonance with the targets set for operating expenses, adopting, if necessary, corrective actions;
VI-promoting the registration, treatment and control of operations concerning the budgetary, financial and heritage administration of PREVIC, with views to the drafting of demonstrations accounting for the activities of the Federal Accounting System; and
VII-coordinate and manage the execution of the plans, programs and goals of outreach, development, empowerment and human resource management.
Art. 13. The Internal Audit competes to examine the legal compliance of the budget management acts-financial, heritage, personnel, and too many administrative and operational systems, and to check the faithful compliance with current guidelines and standards and, specifically:
I-check the regularity in internal and external controls, especially of those regarding the realization of revenue and expense, as well as the financial execution of contracts, arrangements, agreements and adjustments firmed up by PREVIC;
II-examine the specific legislation and correlates standards, orienting as to their observance; and
III-promote regular inspections to check the physical and financial execution of the programs, projects and activities and perform extraordinary audits determined by the Director-Superintendent.
Art. 14. To the Federal Prosecutor's Office, as the executor organ of the Federal Attorney General competes:
I- exercise the judicial and extrajudicial representation of PREVIC, acting on the processes in which Autarquia is author, defendant, opponent or assistant;
II-exercise the consulting and advising activities to the organs of the PREVIC's regimental structure, in the subjects of a legal nature, applying, in what couber, the provisions of the art. 11 of the Supplementary Act No. 73 of February 10, 1993;
III-examine and approve in advance the minutes of bidding editions, of contracts instruments, convents and of other acts creators of rights and obligations, which should be celebrated by PREVIC;
IV-analyzing and presenting solutions on issues raised by the application of laws and regulations regarding activities developed by PREVIC;
V-examine and issue opinions on projects of normative acts to be dispatted or proposed by PREVIC, when they contain legal matter;
VI-fixing, after approval of the Chief Prosecutor's Office, for the units of PREVIC, the interpretation of legal planning, when there is no normative orientation of Advocate General of the Union and of the Legal Consultancy of the Ministry of Social Security;
VII-ascertaining the liquidity and certainty of claims of any nature, resulting from the activities implemented by PREVIC, enrolling them into active debt, for the purposes of friendly or judicial collection; and
VIII-propose the forwarding to Advocate General of the Union of request for functional failure ascertainment occurring within the internal scope of the Federal Prosecutor's Office, which involves members or members of careers of that Institution, observed the provisions of the art. 75 of the Provisional Measure No. 2.229-43, of November 6, 2001.
Section V
From the Singular Specific Organs
Art. 15. The Directorate of Surveillance competes:
I-proceed to the supervision of the activities of the closed entities of complementary foresight and its operations;
II-analyze, monitor, and scrutinize, in its various segments of investments, the operations and applications of the secured resources of the technical reserves, funds and provisions of the plans operated by the closed entities of supplementary provident welfare.
III-analyze the constitution of the technical reserves, provisions and funds of the plans of the closed welfare entities add-on;
IV-examine, monitor, and scrutinize the accounting statements of the benefit plans of the closed entities of supplementary providence;
V-proceed to surveys and syndications;
VI-washing the offender self when you see the occurrence of the legal obligation defulfillment;
VII-propose application of administrative penalties to the agents responsible for process object infractions administrative arising from tax action, representation or denunciation;
VIII-constitute in the name of PREVIC, upon release, the credits arising from the non-pickup of TAFIC and promote its administrative collection.
IX-follow and guide actions related to special administrator acting as well as to extrajudicial intervention and settlement regimes referring to closed entities of supplementary providence and its benefits plans; and
X-exercise the functions referred to in art. 62 of the Supplementary Law No. 109, of May 29, 2001.
Art. 16. To the Directorate of Studies and Norms compete:
I-draw up studies in the economic, actuarial and accounting;
II-carry out the interlocution with the representatives of the bodies and entities responsible for the elaboration of standards that are of interest to the supplementary welfare regime operated by the closed entities of supplementary welfare; and
III-prepare, for appreciation of the Colegiated Board, minutes of instructions, resolutions, portaries and other acts of normative or procedurally content.
Art. 17. To the Directorate of Technical Analysis and Information competes:
I-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 merger, fission operations, incorporation or any other form of society-related reorganization, concerning the closed entities of complementary foresight;
c) the celebration of convents and terms of accession 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, benefits plans and reservations among closed entities of complementary foresight;
II-carry out the analysis of consultations, when the case is, on the subjects relating to the supplementary pension scheme operated by the closed entities of supplementary welfare, observed the competence of the Federal Prosecutor's Office;
III-carry out the capture, storage, treatment and management of data and information of the closed entities of supplementary providence and its benefits plans;
IV-manage the enrollment of the closed entities of complementary foresight, of their leaders, as well as the National Benefits Board of Benefits-CNPB and other eventually existing cadasters;
V- manage the flow of the processes from which they treat the incisos I and II of this article;
VI-propose and coordinate the elaboration and the implementation of projects regarding information technology; and
VII-propose and coordinate the security policy of data and information.
CHAPTER VI
OF THE ATTRIBUTIONS OF THE LEADERS
Section I
From the Director-Superintendent and the Directors
Art. 18. To The Director-Superintendent incumbent:
I-represent legal and institutionally PREVIC;
II-exercise the hierarchical command in the Autarquia;
III-exercise chairmanship of the sessions of the Colegiated Board;
IV-designate interventor or liquidation of closed-provident closed entity;
V-designate special administrator of specific benefits plan operated by closed provident-welfare entity;
VI-exercise the competencies delegated by the Colegiated Directorate;
VII-referred to the Minister of State, when it is the case, the expedients arising from deliberations of the Colegified Directorate;
VIII-nominate and exonerate servers, probing the effective posts and those in commission and gratified functions, as ministerial delegation, as well as exercise the disciplinary power under the legislation;
IX- decide, in the event of a tie, in the deliberations of the Colegiated Board;
X-decide, ad referendum of the Collegiate Board, on urgent and indefable matters;
XI-exercise other assignments defined in internal regiment.
Single paragraph. The internal regiment will discipline the replacement of the Director-Superintendent in their impediments and absences, including in the National Supplemental Welfare Council.
Art. 19. To Directors it is incumbent on:
I-comply and enforce the legal and regulatory provisions;
II-plan, drive, coordinate, guide, track, and evaluate the execution of the activities affected respective units;
III-ensure the internal and external development and credibility of PREVIC and legitimacy of your actions;
IV-ensure the fulfillment of PREVIC's plans and programs;
V-practice and exclaim the administrative management acts within the framework of their own assignments and received by delegation;
VI-execute the decisions taken by the collegiate Directorate;
VII-submit proposals for adjustments and modifications to the legislation governing the supplementary provident regime operated by closed entities of complementary foresight;
VIII-contribute to the modernization of the environment PREVIC acting institutional; and
IX-coordinate the activities of the organizational units under its liability.
Section II
From the Remaining Leaders
Art. 20. To the Chief of Staff, the Chief Prosecutor, the Head of Advisory, the Heart, the Ouvidor, the Auditor-Internal, the Coordinators-General and the remaining leaders compete to plan, direct, coordinate, guide, monitor and evaluate the implementation of the activities affected to the respective units and exert other assignments that are committed to them, in their areas of acting, by the Colegiated Directorate.
CHAPTER VII
OF THE HERITAGE AND REVENUE
Art. 21. Constitute the patrimonial patrimonial of the PREVIC the assets and rights of your property, those conferred upon it or that it comes to acquire or incorporate.
Art. 22. They constitute revenues of PREVIC:
I-appropriations consigned to the General Budget of the Union, credits special and additional, transfers and repasses that are conferred upon you;
II-resources from congeniums, agreements and contracts concluded with entities, bodies and companies, public or private, national or international;
III-recipes from the pick-up of TAFIC;
IV-proceeds from the collection of fines resulting from the application of penalties arising from supervision or judicial execution;
V-donations, legacies, grants, and other resources that are intended for it;
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.
CHAPTER VIII
OF THE GENERAL PROVISIONS
Art. 23. The standards of organization and operation of the integral organs of the PREVIC organizational structure will be established in the internal regiment, observed the provisions of this Decree.
Art. 24. The missing cases and the doubts raised in the application of the present Regimental Structure will be addressed by the Director-Superintendent of PREVIC, ad referendum of the Minister of State for Social Welfare.
