DECREE NO. 6,417, OF March 31, 2008.

Approves the Regimental Structure and the Demonstrative Frame of the Cargos in Commission and Gratified Functions of the Ministry of the Social Security, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers you the art. 84, inciso VI, paragraph "a" of the Constitution, and with a view to the provisions of the art. 50 of the Law no 10,683, of May 28, 2003,

DECRETA:

Art. 1º Stay approved the Regimental Structure and the Demonstrative Table of the Cargos in Commission and Functions Gratified from the Ministry of Social Security, in the form of the Annexes I and II of this Decree.

Art. 2nd Out of the provisions of the art. 1st, stay remanded, in the form of Annex III, the following posts in committee of the Group-Direction and Superiors Superiors-DAS and Gratified Functions-FG:

I-from the Ministry of Social Welfare to the Registry of Management, of the Ministry of Planning, Budget and Management: a DAS 102.5, six DAS 102.4, two DAS 102.3 and two DAS 101.1;

II-of the Office of Management, of the Ministry of Planning, Budget and Management, for the Ministry of Social Welfare: one of DAS 101.5, six DAS 101.4, two DAS 101.3 and two DAS 102.1.

Art. 3rd The apostilaments arising from the approval of the regimental structure of which it treats art. 1st shall occur within twenty days, counted from the date of the publication of this Decree.

Art. 4th After the apostilaments predicted in the art. 3rd, the Minister of State for Social Welfare will make it published in the Official Journal of the Union within thirty days of the date of publication of this Decree, nominal relation of the holders of the posts in committee of the Group-Direction and Advising Superiors-DAS referred to in Annex II.

Art. 5th The internal regiments of the organs of the Ministry of Social Welfare shall be approved by the Minister of State and published in the Official Journal of the Union, within ninety days, counted from the date of publication of this Decree.

Art. 6th This Decree goes into effect on the date of its publication.

Art. 7th Ficam revoked the Decrees nos:

I-5,755, of April 13, 2006; and

II-5,918, of September 28, 2006.

Brasilia, March 31, 2008; 187th of the Independence and 120th of the Republic.

LUIZ INACIO LULA DA SILVA

Paulo Bernardo Silva

Luiz Marinho

This text does not replace the one published in the DOU of 1º.4.2008

ANNEX I

REGIMENTAL STRUCTURE OF THE MINISTRY OF SOCIAL WELFARE

CHAPTER I

DA NATURE AND COMPETENCE

Art. 1st The Ministry of Social Welfare, the body of the direct federal administration, has as an area of competence the following subjects:

I-social security; and

II-complimentary foresight.

CHAPTER II

DA ORGANIZATIONAL STRUCTURE

Art. 2nd The Ministry of Social Welfare has the following organizational structure:

I-organs of direct and immediate assistance to the Minister of State:

a) Cabinet;

( b) Executive Secretariat:

1. Sub-secreting of Planning, Budget and Administration; and

c) Legal Consulting;

II-singular specific organs:

a) Secretary of Social Welfare Policies:

1. Department of the General Social Welfare Regime;

2. Department of Welfare Regimes in the Public Service; and

3. Department of Occupational Health and Safety Policies; and

b) Bureau of Welfare Supplementary:

1. Department of Technical Analysis;

2. Department of Monitoring and Control;

3. Department of Legislation and Norms;

4. Department of Institutional Relations and Organization; and

5. Department of Surveillance;

III-collegiated bodies:

a) National Social Welfare Council;

b) Board of Social Security Resources; and

c) Board of Supplementary Welfare Management;

IV-linked entities:

a) autarchy: National Institute of Social Insurance-INSS; and

b) public company: Company of Technology and Social Security Information-DATAPREV.

CHAPTER III

DAS COMPETENCES OF THE ORGANS

Section I

From the Direct Assistance Organs and Immediate to the Minister of State

Art. 3rd To the Cabinet competes:

I-assist the Minister of State in his political representation and social, occupy yourself with the public relations and the preparer and dispatch of your personal expedient;

II-follow the progress of the projects of interest of the Ministry, in tramitation in the National Congress;

III-provide for the fulfillment of the consultations and the required requirements formulated by the National Congress;

IV-arrange for the official publication and dissemination of the subjects related to the area of acting of the Ministry;

V-plan, coordinate, supervise and develop the activities of social communication of the Ministry;

VI-coordinate, supervise and carry out the activities relating to the ceremonial of the Ministry;

VII-planning, coordinating, supervising and develop social security ouvidness activities; and

VIII-exercise others assignments that are committed to him by the Minister of State.

Art. 4th To the Executive Secretariat competes:

I-assist the Minister of State in the supervision and coordination of the activities of the integral Secretaries of the structure of the Ministry and the entities to it linked;

II-supervise and coordinate the activities of administrative organization and modernization, as well as those related to the federal planning and budgeting systems, of financial, accounting, information and informatics resource administration, human resources and general services, within the Ministry;

III-plan, coordinate, and supervise the execution of the activities concerning the corporate cadastros of the social security;

IV-define policies, methodologies, controls and safety standards and coordinate efforts for the management of fraud risks;

V-supervise and coordinate the programs and activities of combating fraud or any aggrieved acts to social security, upon actions and technical intelligence procedures;

VI-approve the policy, plans and strategic programs of technology and information, as well as to establish general standards and guidelines for the adoption of new technological resources in informatics and telecommunication in the context of social security;

VII-approve the policy, plans and strategic continuing education programs of the servers and employees of the pension system, as well as executing projects and activities aimed at favoring the development of competencies required for mission fulfillment institutional of the Ministry;

VIII-follow up and evaluate the management of programs and the management of projects of a strategic nature of social security; and

IX-assist the Minister of State in the definition of the guidelines and the implementation of the actions of the Ministry's area of competence.

Paragraph single. The Executive Secretariat exercises, still, the role of the sectoral body of the Civil Personnel Systems of the Federal Administration-SIPEC, of Administration of Information Resources and Informatics-SISP, of General Services-SISG, of Planning and of Federal budget, of Federal Financial Administration and Federal Accounting, through the Subsecretariat of Planning, Budget and Administration to it subordinate.

Art. 5th To The Subsecretariat of Planning, Budget and Administration competes:

I-plan, coordinate and supervise the implementation of the activities of administrative organization and modernization, as well as those related to the federal human resources, general, planning and budget, accounting, and administrative systems financial administration, within the Ministry;

II-promoting the articulation with the organs central of the federal systems referred to in the inciso I and inform and guide the organs of the Ministry as to the fulfilment of the established administrative standards;

III-plan, coordinate, supervise and perform the activities related to material and heritage resources, convents, bidding, contracts, general services, documentation and archives;

IV-coordinate the elaboration and consolidation of the plans and programs of the Ministry's finalistic activities, their budgets and submit them to the top decision;

V-follow up and promote the evaluation of projects and activities, within the framework of their competence;

VI-promoting the activities of budgetary, financial and accounting execution, within the Ministry;

VII-plan, coordinate, supervise, and execute the administration activities of the resources of information and informatics;

VIII-plan, coordinate, supervise and execute the administration and personnel development activities, within the framework of the Ministry;

IX- carry out taken care of the expense payers and too much responsible for public goods and values and of all the one that gives cause to loss, stray or wrongdoing that results in damage to the erarium;

X-promote the registration, treatment and control of operations concerning budgetary, financial and administrative administration heritage of the Ministry, with views to the elaboration of accounting statements of the activities of the Federal Accounting System;

XI-subsidize the supervision and coordination of the activities of the secretaries and the entities linked to the Ministry; and

XII-subsidize the monitoring and evaluation of programs and the management of projects of strategic nature of the Social Security.

Art. 6th To Legal Consultancy, the sectoral body of Advocate General of the Union, competes:

I- advising the Minister of State on matters of a legal nature;

II-exercise the coordination of the legal activities of the Ministry;

III-exercise supervision of the legal activities of the linked entities;

IV-fixing the interpretation of the Constitution, of the laws, treaties, and the remaining normative acts to be uniformly followed in their area of acting and coordination, when there is no normative orientation of the Union Advocate General;

V-draw up studies and prepare information, by request of the Minister of State;

VI-watch the Minister of State in the internal control of the administrative legality of the acts to be by him practiced or already effectuated and those from organ or entity under their legal coordination;

VII-examine, prior and conclusively, within the Ministry's scope, the edital texts of bidding, as well as those of the respective congenneric contracts or instruments, to be published and celebrated, as well as the acts by which they will recognize the cases of dispensation and the situations of inexigency; and

VIII-comply and enforce the normative orientation emanating from the Advocate-General of the Union, under the law.

Section II

Of the Singular Specific Organs

Art. 7th To The Office of Social Security Policies competes:

I-watch the Minister of State in the formulation, monitoring and coordination of social welfare policies and in the supervision of the programs and activities of the linked entities;

II-assist the Minister of State in the proposition of general standards for the organization and maintenance of the social welfare schemes of public servants and of the military of the Union, the States, the Federal District and the Municipalities;

III-elaboration and promote, in articulation with the remaining bodies involved, the improvement of legislation and updating and the revision of the costing and benefits plans of social welfare;

IV-orienting, tracking, normatizing and overseeing social security actions in the area of benefits and, in coordination with the Secretariat of the Brazilian Federal Revenue Officer of the Ministry of Finance, the fundraising actions;

V-exercise the functions of Secretariat-Executive of the National Social Welfare Council;

VI-carry out studies and subsidize the formulation of policies, guidelines, and general parameters of the social welfare system;

VII-follow up and evaluate the strategic actions of social security;

VIII-promoting deregulation actions aimed at the rationalization and simplification of normative planning and institutional social security;

IX-orienting, monitoring, evaluating and supervising the social welfare shares, under the General Social Welfare Regime;

X-orienting, follow up and supervise the social welfare schemes of public servants and the military of the Union, the states, the Federal District and the Municipalities;

XI-coordinate, follow up and supervise the activities concerning the celebration and execution of international agreements of social welfare, within the framework of their competence;

XII-articulate themselves with entities government and national, international and foreign bodies with acting in the economic field-pension, for carrying out studies, technical conferences, congresses and similar events;

XIII-manage the relationship and affiliation of the Ministry together with the international bodies of its area of competency;

XIV-evaluate the proposed changes to the pension legislation and its impacts on provident schemes;

XV-follow up the foreign policy of the Government Federal, as far as social security is concerned;

XVI-promoting harmonic development and integrated from the own provident schemes and the permanent articulation between the Ministry and the bodies or entities managing these regimes, fostering the exchange of national and international experiences;

XVII-coordinate and promote the spread of social welfare policies under the General Regime, of the regimes own social and occupational health and occupational safety; and

XVIII-define guidelines regarding the broadening of the pension coverage upon previdential education programs.

Art. 8th To the Department of the General Social Welfare Regime competes:

I-coordinate, follow up, evaluate, and supervise the actions of the General Social Welfare Regime in the areas of benefits and costing;

II-coordinate, follow up, and supervise the updating and review of the costing and benefits plans of the General Social Welfare Regime;

III-develop projects of rationalization and simplification of the normative and institutional planning of foresight social;

IV-draw up projections and simulations of the revenue and expenditure of the General Regime of Social Security;

V-collect and systematize previdionary, accidental information, socioeconomic and demographic; and

VI-carry out studies aiming at the enhancement of the Regime General Social Security.

Art. 9th To the Department of Welfare Regimes in the Public Service competes:

I-coordinate, follow up, supervise and audit the social welfare schemes of public servants and the military of the Union, the states, the Federal District and the Municipalities;

II-carry out technical studies necessary to the enhancement of provident regimes in the public service;

III-elaboration and advise the confection of projections and simulations of the regimes' revenue and expenditure own social welfare of the public servants and the military of the Union, the states, the Federal District and the Municipalities;

IV-providing technical assistance with views to the enhancement of the previdionary databases, the realization of diagnostics and the elaboration of proposals for systems reforms previdentials in the public service;

V-issuing opinions for follow-up of the results presented by the Union, states, Federal District and Municipalities in the organization of their provident regimes;

VI-administering the Previdential-CRP Regularity Certificate, as well as the Previdential Administrative Process-PAP;

VII-normatization, in articulation with the remaining organs involved, the Integrated Data and Remunerations System, Provings and Pensions of the Public Servers of the Union, the States, the Federal District and the Municipalities;

VIII-fostering the institutional articulation between the spheres of government in matters of its competence;

IX-collecting and systematizing information from the social welfare regimes of public servants and the military of the Union, the States, the Federal District and the Municipalities; and

X-scrutinizing the entities and funds from the social welfare schemes and their operations, with views to compliance with the legislation, as well as to launder the respective infringing autos.

Art. 10. To the Department of Occupational Health and Safety Policies competes:

I-subsidize the formulation and the proposition of guidelines and standards regarding the intersection between safety and health actions at work and the actions of surveillance and recognition of the pension benefits arising from the environmental risks of the work;

II-coordinate, follow up, evaluate, and supervise the actions of the General Social Welfare Regime, as well as the policy directed at the Welfare Schemes of Social Security, in the areas that keep inter-relationship with the safety and health of workers;

III-coordinate, follow up, and supervise the updating and review of the Cost Plans and Benefits, in conjunction with the Department of the General Social Welfare Regime, relatively to themes of their area of competence;

IV-develop projects of rationalization and simplification of the normative and institutional planning of the General Social Welfare Regime, in the areas of its competence;

V-carry out studies, research and propose formative actions aiming at the enhancement of the legislation and actions of the General Regime of Social Welfare and the Own Regimes of Social Security, within the framework of its competence;

VI-propose, in the framework of providence social and in articulation with the remaining bodies involved, policies aimed at the health and safety of workers, with an emphasis on protection and prevention; and

VII-advise the Secretariat of Social Welfare Policies in the subjects concerning the area of their competence.

Art. 11. The Supplemental Welfare Office competes:

I-propose the basic guidelines for the supplementary provident regime operated by the closed entities of supplementary providence;

II-supervise, scrutinize, coordinate, guide and control the activities related to the supplementary provident regime operated by the closed entities of supplementary pension;

III-assure participants and assisted of plans to benefits operated by closed pension entities supplementing full access to the information regarding the management of their respective benefits plans;

IV-determine investigations, institute investigations, and approve annual monitoring programmes under the scheme operated by closed entities of supplementary welfare, well how to decide on the cableable penalties;

V-decide on the findings of the report final of administrative proceedings, initiated by lavrature of self-infringement or by administrative enquiry, instituted to establish the responsibility of physical or legal person, by action or omission, in the exercise of their assignments or competences, concerning infringement of the legislation under the supplementary provident regime operated by the closed entities of supplementary welfare;

VI-apurar and adjudicate infractions, applying the cableable penalties;

VII-analyse and approve applications for authorization for constitution, operation, merger, spin-off, incorporation, gruping, transfer of control of the closed entities of supplementary welfare, as well as to examine and approve the statutes of the said entities, the regulations of the benefits plans by them operated;

VIII-examine and approve the accession arrangements entered into by sponsors and by institutors, as well as authorize the withdrawal of sponsors, the transfers of sponsorship, of groups of participants, of plans and reserves;

IX-decreeing the special administration in benefits plans operated by the closed entities of supplementary welfare, as well as enacting the intervention or extrajudicial settlement of the said entities or their benefit plans by naming the respective special administrator, interventor or liquidator;

X-provide administrative support to the Supplemental Welfare Management Board;

XI-propose to the Board of Management of Provident Supplemental standards for the activities of the closed welfare closed entities and for the operation and execution of the benefits plans by them operated;

XII-coordinate, follow up, and supervise activities concerning the celebration and execution of international agreements of complementary foresight; and

XIII-articulating themselves with government entities and bodies national and foreign to carry out studies, technical conferences, congresses and similar events, as well as for the realization of integrated monitoring actions, exchange of information and surveillance, in relation to the subjects of their competence.

Art. 12. To the Department of Technical Analysis competes:

I-analyze and authorize the constitution and the operation of the closed entities of supplementary welfare, as well as the application of the respective statutes and regulations of benefit plans;

II-analyze and authorize the operations of merger, spinning, incorporation or any other form of society-related reorganization, concerning the closed entities of provident supplementary;

III-analyzing and authorizing the operations of merger, spinoff, incorporation or any other form of reorganization of benefit plans operated by the closed entities of supplementary providence;

IV-analyze and authorize the celebration of conventials and terms of accession by sponsors and institutors as well as the withdrawals of sponsors and institutors; and

V-analyze and authorize the transfers of sponsorship, groups of participants and assisted, plans of benefits and reservations between closed entities of complementary foresight.

Art. 13. To the Department of Monitoring and Control competes:

I-monitor, control and analyze the constitution of the technical reserves, provisions and funds, the accounting, actuarial and investment statements, and the operations and applications of the guaranteed resources of the benefits plans operated by the closed welfare entities supplemental;

II-propose the celebration and follow up the execution of convemuses of exchanges of information with other governmental bodies and entities, with views to the supervision of the closed supplementary provident regime;

III-elaborated studies and research in the actuarial, accounting and investment areas, referring to the benefits plans of the closed provident welfare entities;

IV-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 scheme operated by the closed pension entities with regard to actuarial, accounting and application of the guaranteed resources of the plans of benefits of such entities;

V-prepare, for consideration of the Office of the Registry of Welfare Supplementation, minutes of instructions, resolutions, portaries and other acts of normative or procedural content in the sphere of their competence; and

VI-proceed to the technical analysis on actuarial matter, accounting and those concerning the application of the guaranteed resources of the benefits plans of the closed entities of complimentary foresight.

Art. 14. To the Department of Legislation and Norms compete:

I-promote research and studies related to supplementary provident legislation, as well as to develop actions aimed at the revision and consolidation of the said legislation;

II-advise the Secretary of Welfare Supplementary and too many units of the Supplementary Welfare Office on propositions of normative or procedurance content coming from these units;

III-offer subsidies, drive doubts and guide as to the implementation of contracts and standards on supplementary welfare; and

IV-proceed to the analysis of queries, on matters concerning the application of statutes of the closed entities of supplementary welfare and regulations of the benefits plans by them and adhesion arrangements.

Art. 15. To the Department of Institutional Relations and Organization compete:

I-provide support to the Secretary of Welfare Supplemental in articulation with government entities and national and foreign bodies for conducting studies, technical conferences, congresses and similar events;

II-provide administrative support to the Board of Supplemental Welfare Management;

III-plan, control, and carry out the activities regarding the caption and storage of data from the system of supplementary welfare;

IV-propose measures aimed at achieving, improving and integrating data referring to the supplementary pension system;

V-consolidate and coordinate the forwarding of demands regarding the information systems of the Supplementary Welfare Office;

VI-coordinate the technical-administrative activities of the Supplemental Welfare Office;

VII-attend consultations on enrollment, proceedings of proceedings and the tramping of documents in the framework of the Registry of Supplementary Pensions; and

VIII-elaboration work plan, coordinate and execute the activities related to organizational development and the management of human and material resources, within the framework of competence of the Supplemental Welfare Office.

Art. 16. To the Department of Surveillance competes:

I-scrutinize the activities of the entities closed provident shutdown and its operations;

II-scrutinize, in its various segments of investments, the operations and applications of the secured resources of the technical reserves, funds and provisions of the benefits plans operated by the closed pension entities of supplementary welfare;

III-scrutinizing the constitution of the technical reserves, provisions and funds of the benefit plans of the entities closed provident pension;

IV-scrutinize compliance with applicable law to the elaboration of the actuarial, countable and application of the guaranteed resources of the closed entities of supplementary welfare and of the benefits plans operating;

V-proceed to surveys and syndications, within the framework of its competence;

VI-washing the infringement self when you see the occurrence of the malfulfillment of legal or regulatory obligation;

VII-propose application of administrative penalties to the agents responsible for infractions object of administrative process arising from action of surveillance, representation or denunciation;

VIII-follow and guide actions related to special administrator acting and with extrajudicial intervention and settlement regimes referring to the entities closed provident pension and to its benefits plans;

IX-realize the interlocution with the representatives of the bodies and entities responsible for the surveillance of activities that are of interest to the supplementary provident regime operated by the closed pension entities of supplementary welfare;

X-propose for appreciation and approval of the Supplemental Welfare Secretary, ears the too many Departments, the annual review program; and

XI-plan and follow up on the execution of the tax action.

Single paragraph. The Department of Surveillance will count on six regional units, decentralized bodies with attribution of carrying out the activities provided for in this article, within the framework of their region.

Section III

From the Collegiated Bodies

Art. 17. To the National Council on Social Welfare, created by the Act No 8,213 of July 24, 1991, it is up to exercise the competences set out in specific regulation.

Art. 18. To the Social Security Resource Council, of which it treats art. 126 of the Act in 8,213, from 1991, it competes with administrative jurisdiction and control of the decisions of the National Institute of Social Insurance-INSS, in the processes of interest of the beneficiaries of the General Social Welfare Regime.

Art. 19. To the Board of Supplementary Welfare Management it is to exercise the competencies set out in specific regulation, to be detailed as per the art. 74 of the Supplementary Act No 109 of May 29, 2001.

CHAPTER IV

DAS ATTRIBUTIONS OF LEADERS

Section I

Do Executive Secretary

Art. 20. The Executive Secretary is incumbent on:

I-coordinate, consolidate and submit to the Minister of State the Ministry's overall action plan;

II-supervise and evaluate the execution of the projects and activities of the Ministry;

III-supervise and coordinate the articulation of the organs of the Ministry with the central bodies of the systems, affections to the area of competence of the Secretariat-Executive; and

IV-exercise other assignments that are committed to it by the Minister of State.

Section II

Dos Secretaries and too many Leaders

Art. 21. To the Secretaries it is incumbent on planning, directing, coordinating, directing and controlling the execution, monitoring and evaluating the activities of their respective units and exercising other assignments that are committed to them in internal regiment.

Art. 22. To the Chief of Staff of the Minister of State, the Legal Adviser, the Undersecretary, the Directors, the Presidents of the Councils and the other leaders it is incumbent on planning, directing, coordinating and directing the implementation of the activities of the respective units and exercise other assignments that are committed to them, in their respective areas of competence.

ANNEX II