PROVISIONAL MEASURE NO. 2.129-7, OF March 27, 2001

Disposes on the retuning of the benefits held by Social Security, and alters devices of the Laws No 6,015, of December 31, 1973, 8,212 and 8,213, of July 24, 1991, 8,742, December 7, 1993, 9,604, February 5, 1998, 9,639, May 25, 1998, 9,717, and 9,796, of 5 of may 1999, and gives other arrangements.

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

Art. 1º The benefits held by Social Security will be retuned, at 1º June 2000, in five comma eighties and one percent.

Single paragraph. For the benefits granted by Social Security from 1º July 1999, the readjustment pursuant to the caput will give itself in accordance with the percentage indicated in the Attachment to this Provisional Measure.

Art. 2º The art. 80 of Law No. 6,015 of December 31, 1973, passes the invigorated vigour of the following device:

" 12) at least one of the information to be rolled out: PIS/PASEP; enrolment number at the National Institute of Social Insurance-INSS, if individual taxpayer; pension benefit number-NB, if the deceased person is holder of any benefit paid by the INSS; number of the CPF; registration number of the Identity Portfolio and the respective issuing body; number of the voter title; number of the birth registration, with information from the book, the leaf and the term; number and series of the Labor Portfolio. " (NR)

Art. 3º The devices ahead of Law No. 8,212, of July 24, 1991, go on to invigorate with the following essay:

" Art.38. ........................................................................................................................

....................................................................................................................................

§ 10. The agreement entered into with the State, the Federal District or the Municipality shall contain, still, the clause in which these authorize, when there is the lack of payment of overdue debits or installment of installment agreements, the retention of the Participation Fund of the States-FPE or the Participation Fund of Municipalities-FPM and the repass to the National Institute of Social Insurance-INSS of the value corresponding to the mora, on the occasion of the first transfer occurring after the communication of the municipality previdentiary to the Ministry of Finance.

....................................................................................................................................

§ 12. The agreement provided for in this article shall contain clause in which the State, the Federal District and the Municipality consent to the retention of the FPE and the FPM and to the repass to the previdential municipality of the value corresponding to the current pension obligations of the month previous to the receipt of the respective Participation Fund.

§ 13. It shall, still, in the agreement mentioned in this article, clause in which the State, the Federal District or the Municipality consent to the retention by the financial institutions of other state, district or municipal revenue deposited therein and the repass to the INSS of the remainder of the ascertained pension debt, in the hypothesis that the resources coming from the FPE and the FPM are not sufficient for the discharge of the parceling and the current pension obligations.

§ 14. The monthly value of current pension obligations, for the purpose of this article, will be ascertained on the basis of the respective Recreation Guide of the Service Time Guarantee Fund and Social Security Information-GFIP or, in the case of its non-presentation within the statutory period, estimated, using the average of the last twelve competencies collected prior to the month of retention provided for in § 12 of this article, without prejudice to the collection or restitution or compensation of any differences. " (NR)

" Art.55. ........................................................................................................................

................................................................................................................................................

II-be carrier of the Registry and the Certificate of Entity Benefit of Social Assistance, provided by the National Council on Social Assistance, renewed every three years;

................................................................................................................................................

§ 6º The non-existence of débitos in relation to contributions social is a necessary condition for the dewound and maintenance of the exemption of which it treats this article, in observance of the provisions of Paragraph 3º of the art. 195 of the Constitution. " (NR)

" Art.68. ........................................................................................................................

................................................................................................................................................

§ 3º Communication should be done by means of forms for death enrollment, as per model approved by the Ministry of Welfare and Social Care.

§ 4º In the form for death enrollment should appear, in addition to the data regarding the identification of the Carthorium of Civil Record of Natural People, at least one of the following information regarding the deceased person:

a) PIS/PASEP;

b) enrolment number at the National Institute of Social Insurance- INSS, if individual taxpayer, or pension benefit number-NB, if the deceased person is the holder of any benefit paid by the INSS;

c) CPF number;

d) registration number of the Portfolio of Identity and respective issuing body;

e) number of the voter's title;

f) number of the birth or marriage registration, with information from the book, the leaf and the term;

g) number and series of the Labor Portfolio. " (NR)

" Art. 102. The values expressed in current currency in this Act will be readjusted at the same times and with the same indices used for the readjustment of the Social Security's continued benefit benefits.

Single paragraph. The readjustment of the values of the wages-of-contribution due to the change in the minimum wage will be discounted when the application of the indices to which the caputis referred to. " (NR)

Art. 4º The devices ahead of Law No. 8,213, of July 24, 1991, go on to invigorate with the following essay:

" Art. 41. The values of the maintenance benefits will be retuned, as of 1º June 2001, pro rata, according to their respective start dates or their last readjustment, based on percent defined in regulation, observed the following criteria:

I-preservation of the real value of the benefit;

................................................................................................................................................

III-annual update;

IV-variation of prices of necessary and relevant products for the afferition of the maintenance of the purchase value of the benefits.

................................................................................................................................................

§ 8º For the benefits that have suffered majorities due at the raising of the minimum wage, the said increase should be discounted when the application of the caput, according to standards to be lowered by the Ministry of Welfare and Social Care.

§ 9º When of the ascertaining for fixation of the percentage of the benefit readjustment, indices may be used representing the variation of which treats the inciso IV of this article, released by the Brazilian Institute of Geography and Statistics-IBGE or of congenital institution of recognized notoriety, in the form of the regulation. " (NR)

" Art.96. ........................................................................................................................

................................................................................................................................................

IV-the previous or later service time at compulsory membership of the Social Security will only be counted upon compensation of the contribution corresponding to the respective period, with additional zero-comma moratory interest accruals five percent a month, capitalized annually, and fine of ten percent. " (NR)

" Art. 134. The values expressed in current currency in this Act will be readjusted at the same times and with the same indices used for the readjustment of the values of the benefits. " (NR)

Art. 5º The Law No. 8,742 of December 7, 1993, passes the vigour with the following amendments:

" Art.9º ..........................................................................................................................

................................................................................................................................................

§ 3º The inscription of the entity on the City Council of Social Assistance, or in the Social Assistance Council of the Federal District, is an essential condition for forwarding of registration and certificate of benefit entity of social assistance to the National Board of Assistance Social-CNAS.

..................................................................................................................................... " (NR)

" Art.18. ........................................................................................................................

................................................................................................................................................

III-observed the provisions of regulation, establish procedures for granting registration and certificate of welfare entity from social assistance to private institutions providing services and welfare advising who provide services related to their goals institutional;

IV-grant registration and certificate of benefit entity of social assistance;

..................................................................................................................................... " (NR)

" Art. 28-A. It constitutes revenue from the National Social Assistance Fund, the proceeds of the divestments of the real estate of the extinguished Brazilian Legion Foundation of Assistance. " (NR)

Art. 6º The Law No. 9,604 of February 5, 1998, passes the invigorating increased of the following article:

" Art. 2º-A. The National Social Assistance Fund-FNAS will be able to transfer financial resources for the development of the continuing social assistance shares directly to private welfare entities, starting from the competence of the month of December of 1999, regardless of the conclusion of agreement, convenium, adjustment or contract, in exceptional character, when the repass cannot be effected directly to the State, Federal District or Municipality in the wake of defaults of these with the Social Security System.

Single Paragraph. The Executive Power shall regulate the continuing actions of social assistance, of which it treats this article, within thirty days, as of December 10, 1999. " (NR)

Art. 7º The devices ahead of Law No. 9,639, of May 25, 1998, go on to invigorate with the following essay:

" Art. 1º The States, the Federal District and the Municipalities, until September 29, 2000, will be able to opt for the amortization of their debts to the National Social Insurance Institution-INSS, arising from social contributions, as well as those arising from ancillary obligations, up to the competence June 2000, upon employment of four percentage points of the Participation Fund of the FPE and nine percentage points of the Participation Fund of Municipalities-FPM.

§ 1º The federative units mentioned in this article will be able to choose to include in that kind of amortization the debts, up to the competence June 2000, of their authorities and of the foundations by them instituted and maintained, hypothesis in which there will be the addition of three points in the FPE and three-point percentage of the FPM referred to in the caput.

§ 2º Mediant the employment of plus four percentage points of the respective Participation Fund, the units federatives referred to in this article will be able to choose to include, in this kind of amortization, debts constituted up to the competence June 2000 towards the INSS, of its public companies and mixed economy societies, by retaining the criteria of updating and incidence of legal accruals applicable to companies of this nature.

§ 3º The inclusion of the debts of mixed-economy societies in the amortization provided for in this article will depend on state authoritionization law, district or municipal.

§ 4º The amortization term will be two hundred and forty months, limited to the percentage provided for in the caput of this article and in the art. 3º.

§ 5º In the application hypothesis of the percentage limits referred to in the preceding paragraph the remaining balance will be repaced to the end of the agreement.

§ 6º The consolidated debt in the form of this article be subject to, from the date of consolidation, interest corresponding to the monthly change in the Long-Term Interest Rate-TJLP, vetoed the imposition of any other addition.

§ 7º The maturity of the amortization in the hypotheses of the § § 1º and 2º could not be less than ninety-six months, observing, in each case, the established percentage limits. " (NR)

" Art.2º ..........................................................................................................................

Single Paragraph. The parcelment concluded in the form of this article shall contain clause in which the State, Federal District or the Municipality consent to the retention of the FPE or the FPM and the repass to the INSS of the value corresponding to each monthly instalment on the occasion of the salary of this one. " (NR)

" Art. 5º The agreement concluded on the basis of the arts. 1º and 3º shall contain clause in which the State, the Federal District or the Municipality consent to the retention of the FPE and the FPM and the repass to the previdential municipality of the value corresponding to the current pension obligations of the month preceding that of the receipt of the respective Participation Fund.

§ 1º To the plots of the current pension obligations settled in the form of the caput of this article, the provisions of the arts do not apply. 30, inciso I, paragraph (b), and 34 of Law No. 8,212 of July 24, 1991.

§ 2º Constant, still, in the agreement mentioned in this article, clause in which the State, the Federal District or the Municipality consent to the retention by the financial institutions of other state, district or municipal revenues deposited therein and the repass to the INSS of the remainder of the ascertained pension debt, in the hypothesis that the resources arising from the FPE and the FPM are not sufficient for the discharge of the amortization provided for in the art. 1º and current pension obligations.

§ 3º The monthly value of current pension obligations, for the purpose of this article, will be ascertained on the basis of the respective Recreation Guide to the Time Guarantee Fund. Service and Information to Social Security-GFIP or, in the case of its non-submission within the statutory period, estimated, using the average of the last twelve competencies collected prior to the month of withholding, without prejudice to the collection or refund or compensation of any differences.

§ 4º The amortization referred to in art. 1º of this Act, increased from current pension obligations, could, monthly, commit up to fifteen percentage points of the Municipal Net Current Income Tax.

§ 5º The values due to the INSS to be amortized and not collected, each month, on the grounds of the application of the preceding paragraph shall be repaced at the end of the term of the agreement provided for in this article.

§ 6º For the purposes of the provisions of this article, it is understood to be Net Current Income Municipal the revenue calculated as per the Supplementary Act No. 101, of May 4, 2000. " (NR)

Art. 8º The Law No. 9,717 of November 27, 1998, passes the vigour with the following amendments:

" Art.1º ..........................................................................................................................

................................................................................................................................................

III-the contributions and resources linked to the Fund Pension of the Union, the States, the Federal District and the Municipalities and the contributions of civil and military personnel, active, inactive, and pensioners, shall only be used for payment of the respective pension benefits of the respective regimes, resonated the administrative expenses set out in art. 6º, inciso VIII, of this Act, observed the limits of spending set in general parameters;

................................................................................................................................................

X-sealing of inclusion in the benefits, for effect of calculation and perception of these, of paid plots paid in due to confidence function, from office in commission or from the place of work.

§ 1º It is vetted the constitution and maintenance of own provident regime social by the Municipalities that do not have directly raised revenue, in the form established by general parameters, higher than the revenue from constitutional transfers from the Union.

§ 2º The provisions of the previous paragraph does not apply to Municipalities that have constituted own social welfare arrangements intended to serve effective public servant server of effective office by the date prior to the publication of this Act. " (NR)

" Art. 1º-A. The public servant holder of effective office of the Union, the States, the Federal District and the Municipalities or the military of the States and the Federal District has been filming the own social welfare regime, when ceded to the organ or entity of another ente federation, with or without burden for the transferee, will remain bound by the home regime. " (NR)

" Art.2º ..........................................................................................................................

................................................................................................................................................

§ 3º The Union, the States, the Federal District and the Municipalities will publish, up to thirty days after the closing of each bimequestrian, financial and budgetary demonstrator of the revenue and expenditure pension and accrued in the ongoing financial year, explaining, as per general guidelines, in a way disaggregated:

................................................................................................................................................

IV-the value of the expense total with civil and military personnel;

................................................................................................................................................

VIII-the value of the financial balance of the social welfare scheme of social welfare.

§ 4º The Municipalities with population less than fifty thousand inhabitants can opt for publication, in up to thirty days after the closure of each semester, from the demonstrator mentioned in the preceding paragraph.

§ 5º Before proceeding to any revisions, readjustments or suitability of precents and pensions that entail increased expenditure, the state-owned ones should regularize the situation where the demonstrative of which it treats § 3º, with respect to the accumulated expenditure up to the bimaster, indicates the disfulfilling of the limits laid down in this Act.

§ 6º It is void of full duty the act which provokes increase of pension expenses, without the observance of the limits provided for in this article. " (NR)

" Art. 2º-A. It shall be suspended, until December 31, 2001, the exigency of the provisions of the caput and in § 1º of the art. 2º of this Law. " (NR)

" Art. 5º .........................................................................................................................

Single Paragraph. It is vetted the special retirement grant, under the terms of § 4º of the art. 40 of the Federal Constitution, until federal supplementary law discipline matters. " (NR)

" Art.7º ..........................................................................................................................

...............................................................................................................................................

IV-suspension of payment of the values due by the Regime General Social Security on the grounds of Law No. 9,796, of May 5, 1999. " (NR)

" Art.9º ..........................................................................................................................

................................................................................................................................................

III-the apuration of infractions, per accredited server, and the application of penalties, by own organ, in the cases provided for in the art. 8º of this Act.

Single paragraph. The Union, the States, the Federal District and the Municipalities shall pay to the Ministry of Welfare and Social Care, when requested, information on social welfare arrangements of social welfare and previdionary fund provided for in the art. 6º of this Law. " (NR)

Art. 9º The Law No. 9,796 of May 5, 1999, passes the invigorating increased of the following article:

" Art. 8º-A. The financial compensation between the social welfare schemes of the Union, the States, the Federal District and the Municipalities, in the hypothesis of reciprocal counting of times of contribution, shall comply, in what couber, to the provisions of this Act. " (NR)

Art. 10. It is the National Institute of Social Insurance-INSS authorized to review the parcels paid in the period from October 5, 1988 to April 1993, arising from the benefits granted on the basis of Law No. 7,070 of December 20, 1982 using the same criteria, form, dates and indexes adopted for the re-adjustment of the continued benefit benefits held by Social Security.

Single paragraph. The difference ascertained with the application of the provisions of this article shall be paid to the beneficiaries until October 31, 2000.

Art. 11. The social contributions raised by the INSS, included or not in tax notification, whose generative facts have occurred by March 1999, will, after verified and confessed, be paid in up to twenty-four fixed monthly installments.

§ 1º The parceling of which it treats this article will be:

I-of up to twelve months for the social contributions whose generative facts have occurred in the period from April 1999 to March 2000; and

II-granted regardless of guarantees, applying to the provisions of the art. 206 of Law No. 5,172 of October 25, 1966-National Tax Code.

§ 2º They will not be able to be the object of parceling the discounted social contributions of the employees, including of the domestic, of the avulous workers, those arising from subrogation and the importances retained in the form of the art. 31 of Law No. 8,212 of July 24, 1991.

§ 3º Of the application of the provisions of this article shall not result in the provision of less than R$ 500.00 (five hundred reais), reducing the number of parcels, if it is occasion, to suit the parceling to this limit.

§ 4º The deferral of the installment by the INSS is conditional on the payment of the first instalment.

§ 5º For taxpayers who have parceling of social contributions in the INSS, it is allowed the conversion to the parcelment of which it treats this article, provided that the number of vincense plots is reduced by half, respected the limits of the caput of this article and of § § 1º and 3º.

§ 6º The installment will be rescinded automatically, should it occur as equal to or more than thirty and one days in the payment of the parcel, hypothesis where:

I-the debtor balance will be found taking up the debt value on the date of accession to the installment and subtracting-if paid plots, without monetary correction; and

II-will focus interest on the new debtor balance, equivalent to the referential rate of the Special Settlement and Custody System-SELIC, ascertained between the date of the granting and termination of the installment, and fine of ten percent.

§ 7º In the event of a delay of less than thirty one days will be charged fine in the amount of ten per cent on the arrears.

§ 8º In the hypothesis of debt inclusion helped in the parceling, the honorary law fees are reduced to five percent, noted that:

I-the tax execution will be suspended until full settlement of the debt helped, remaining, in that period, the penhour of the goods already effected; and

II-there is termination of the parcelament, will be given follow-up to the tax execution, not by applying the reduction of the honorary law.

§ 9º Taxpayers will be able to adhere to the parceling of which it treats this article until 1º March 2001.

Art. 12. It is the authorized INSS, as of February 2001, to rounded up, for the immediately higher real unit, the values in cents of the benefits of continuing benefit paid monthly to its insured.

Para. single. The values received the largest by the insured person will be discounted in the payment of the Christmas gratification or the last benefit, in the hypothesis of their cessation.

Art. 13. They are convalidated the acts practiced on the basis of the Provisional Measure No. 2.129-6, of February 23, 2001.

Art. 14. This Interim Measure shall come into force on the date of its publication.

Art. 15. The single paragraph of the art is revoked. 56 and the art. 101 of Law No. 8,212 of July 24, 1991, the § § 1º and 2º of the art. 41, the caput of the art. 95 and the arts. 144 a 147 of Law No. 8,213 of July 24, 1991, the arts. 7º to 9º and 12 a to 17 of the Law No. 9,711 of November 20, 1998 and the inciso I of art. 6º of Law No. 9,717, of November 27, 1998.

Brasilia, March 27, 2001; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Pedro Parente

A N AND X O

RETUNING FACTOR OF THE BENEFITS GRANTED FROM

AGREEMENT WITH THEIR RESPECTIVE START DATES

BENEFIT START DATE	READJUSTMENT (%)
until June / 1999	5, 81
in July / 1999	5, 31
in August / 1999	4, 82
in september / 1999	4, 33
in October / 1999	3, 84
in november / 1999	3, 35
in December / 1999	2, 86
in January / 2000	2, 38
in February / 2000	1, 90
in March / 2000	1, 42
in april / 2000	0, 95
in May / 2000	0, 47