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Decree No. 8068, Of 14 August 2013

Original Language Title: Decreto nº 8.068, de 14 de agosto de 2013

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DECREE NO-8,068, DE August 14, 2013

Regulates the general criteria and procedures to be observed for the realization of the individual and institutional performance evaluations and the payment of the Preventive Activity Performance Gratification-Previdential Performance- GDAPMP, of which it treats Law No. 11,907 of February 2, 2009.

THE REPUBLIC OF THE REPUBLIC, in the use of the attribution that confers you the art. 84, caput, inciso IV, of the Constitution, and in view of the provisions of art. 46 of Law No. 11,907 of February 2, 2009,

DECRETA:

Art. 1º Stay approved, in the form of this Decree, the general criteria and procedures to be observed for the realization of the individual and institutional performance evaluations and the payment of the Healthcare Performance Gratification of Medical Expertise Previdual-GDAPMP, of which it treats Law No. 11,907 of February 2, 2009, due to the holders of the effective prosecution of the following careers:

I-career of Pre-Vidual Medical Expert, composed of the post of Pre-Vidual Medical Expert, of which it treats Law No. 11,907, 2009 ; and

II-career of Medical-Pericial Supervisor, composed of the post of Medical-Pericial Supervisor, of which they treat Leis No. 9,620, April 2, 1998, and No. 11,907, 2009.

Art. 2º For the purpose of application of the provisions of this Decree, consider:

I-performance evaluation-systematic and continuous monitoring of the individual performance of the server and institutional of the National Social Insurance Institute-INSS, with the purpose of enhancing the medical-pericial actions and the reach of the targets, considering the mission and the objectives of the INSS ; and

II-evaluation cycle-period of six months considered for realization of the individual performance evaluation of the servers achieved by art. 1º and the institutional performance evaluation of the INSS.

Art. 3º The GDAPMP will be assigned to the servers in function of their individual performance and the reach of INSS's institutional performance goals, as it establishes the art. 38 of Law No. 11,907, 2009.

Single Paragraph. They will only do jus to the GDAPMP the occupants of the posts referred to in the incisos I and II of the art caput. 1º that they are in effective exercise in the activities inherent in the duties of the office in the Ministry of Social Welfare or INSS, ressaved the provisions of the arts. 13 a 15.

Art. 4º The individual performance evaluation aims to assess server performance in the exercise of job or function assignments, with a focus on individual contribution to the scope of organizational objectives.

§ 1º The individual performance evaluation will be carried out in two dimensions:

I-functional, for member servers of the work teams that do not act in the management of teams ; and

II-managerial, for servers that act in the management of work teams.

§ 2º The evaluation of which treats the caput will be made on the basis of criteria and performance factors that reflect the knowledge, skills and attitudes necessary to the proper exercise of tasks and functional activities or managerials of the career integral servers of which treat the incisos I and II of the art caput. 1º, which contribute to the scope of the INSS targets.

§ 3º In the individual performance evaluation, the following criteria will be considered, observed the concepts and characteristics set out in the act that it treats art. 6º:

I-functional dimension:

a) flexibility to changes ;

b) interpersonal relationship ;

c) teamwork ;

d) commitment to work ; and

and) knowledge and self-development ; and

II-managerial dimension:

a) leadership ;

b) schedule ;

c) commitment to work ;

d) management of the working conditions and development of people ; and

and) interpersonal relationship.

§ 4º The criteria for individual performance evaluation may vary depending on the specific conditions of each executive management or evaluation unit to which the server is linked.

§ 5º The individual performance evaluation will be carried out by the immediate head of the server.

§ 6º Caberá to INSS people's management unit consolidates the results of server performance evaluation and give science to the evaluated of all the processed.

Art. 5º The institutional performance evaluation aims to assess the scope of the organizational goals, considering the mission and objectives of the INSS.

§ 1º The share of GDAPMP regarding institutional performance evaluation will be paid as per parameters regarding the scope of the organizational goals, to be defined in act of the Minister of State for Social Security.

§ 2º The targets for institutional performance evaluation will be fixed semester in act of the President of the INSS, and could be reviewed, at any time, in the superveniency of factors influencing significant and directly to their achievement, provided that the INSS has not given cause to such factors.

§ 3º The targets referred to in § 2º must be objectively measurable, with the use of indicator parameters aimed at afering the quality of services related to the finalistic activities of the INSS, taking into account, in the moment of its fixation:

I-performance patterns defined as government goals ;

II-nature of the activities developed by the holders of the posts that it treats art. 1º;

III-indicator of average time performance between scheduling and realization of expertise within the executive management of regional and national superintendencies ; and

IV-continuous improvement of the indices achieved in the previous exercises.

§ 4º Institutional performance targets and results ascertained to each period should be widely disseminated by the INSS, including on its electronic site, accessible at any time.

Art. 6º The specific criteria and procedures for individual and institutional performance evaluation and award of GDAPMP will be established in the act of the Minister of State for Social Security.

Single Paragraph. The act referred to in the caput should contain:

I-criteria, standards, procedures, evaluation mechanisms and controls required for the implementation of the gratification ;

II-identification of the person responsible for compliance with the general and specific performance evaluation criteria and procedures in each evaluation unit ;

III-date of start and end of the evaluation cycle, time frame for processing of the assessments and date from which the results of the assessment will generate financial effects ;

IV-criteria to be an injured in individual performance evaluation ;

V-indicators of institutional performance ;

VI-evaluation methodology to be used, with the procedures that will compose the evaluation process, the sequence in which they will be developed and responsible for their execution ;

VII-procedures relating to the right of appeal on the part of the assessed server ;

VIII-units of the organizational structure of INSS and the Ministry of Social Security qualified as evaluation units ; and

IX-systematic setting of targets, their quantification and review every six months.

Art. 7º GDAPMP will be paid for the maximum limit of one hundred points and the minimum of thirty points per server, and each point will correspond, on their weekly work journey, to the value set out in Annex XVI to Law No. 11,907 of 2009, observed as follows delivery:

I-up to twenty points will be assigned in function of the results obtained in the individual performance evaluation ; and

II-up to eighty points will be allocated depending on the results obtained in the evaluation of institutional performance.

Art. 8º The values to be paid for GDAPMP will be calculated by multiplying the sum of the points earned in the individual and institutional performance assessments by the value of the point constant in Annex XVI to Law No. 11,907, 2009, and each point will correspond to the server's weekly work journey.

Art. 9º Individual and institutional performance evaluations will be ascertained semester and will produce monthly financial effects for equal period.

§ 1º The cycle of the performance evaluation will have the duration of six months, except the first cycle, which may be of lower duration.

§ 2º The assessments will be processed and consolidated in the month subsequent to the termination of the evaluative period and will generate financial effects from the first day of the month subsequent to the processing of the assessments.

§ 3º Until the results of the first performance evaluation cycle for the purposes of GDAPMP perception are processed, as laid down in this Decree, the integral servers of the Pre-Vidual Medical Expert careers and Medical-Pericial Supervisor will realize the calculated performance gratification based on the last score obtained in the performance evaluation for the purposes of perception of the Medical-Pericial Activity Performance Gratification-GDAMP, of which it treats the Law no 10,876, June 2, 2004.

§ 4º The first evaluation cycle will begin thirty days after the date of publication of the performance targets referred to in § 2º of the art. 5º.

§ 5º The result of the first performance evaluation processed in accordance with the provisions of this Decree for the purposes of GDAPMP perception will generate financial effects from the start of the first evaluation cycle, and should be compensated possible differences paid to greater or minor.

§ 6º The provisions of § § 3º to 5º apply to the occupants of positions in commission and trust functions that do jus to G D A P M P.

§ 7º Until the first individual performance evaluation is processed that comes to produce financial effect, the newly appointed server for effective office and the one who has returned from unpaid leave, assignment or from other departs without a right to the perception of performance gratification, in the course of the evaluation cycle, will receive the GDAPMP in the value corresponding to eighty points, observed the weekly work journey.

Art. 10. Individual performance evaluation will only produce financial effects if the server has remained in exercise of the activities provided for in the single paragraph of the art. 3º for, at the very least, two thirds of a full evaluation cycle.

Art. 11. Individual and institutional performance assessments will be carried out, considered monthly monitoring records and used as a management tool, with the identification of aspects of performance that can be improved by means of of opportunities for capacity-building and professional improvement.

Art. 12. The titular server of the post of Preventive Medical Expert or Medical Supervisor-Pericial, in effective exercise in the activities inherent in the duties of the office, in the Ministry of Social Welfare or INSS, will realize the share of GDAPMP concerning the evaluation of institutional performance in the value corresponding to that assigned to the executive management or the evaluation unit to which it is linked, and the share of the GDAPMP regarding the individual performance evaluation second criteria and evaluation procedures set out in this Decree and in the act to which the art refers. 6º.

Art. 13. The occupants of effective positions of the career of Medical Specialist Medical Expert or Medical Supervisor-Pericial who meet in the condition of maximum regional oversight directors, executive management, social welfare agency and manager of the service or health section of the worker will perceive the GDAPMP as set out in art. 12.

Art. 14. The effective post holder of which treat the incisos I and II of the art caput. 1º, in exercise at the Ministry of Social Welfare or INSS, when invested in office in commission or trust function, will do jus to GDAPMP as follows:

I-the invested in confidence function or positions in Group commission-Direction and Superiors-DAS, levels 3, 2, 1 or equivalent, will perceive the calculated GDAPMP as willing on art. 12 ; and

II-the invested in positions in Group commission-Direction and Superiors-DAS, levels 6, 5, 4 or equivalent, will perceive the GDAPMP in value corresponding to the maximum possible score of being awarded for performance title individual sum up to the score corresponding to the national average of the score awarded for institutional evaluation to the units of the INSS.

Art. 15. The effective post holder referred to in the incisos I and II of the art caput. 1º, which is not in exercise at the INSS or the Ministry of Social Security, will only do jus to the GDAPMP when:

I-requested by the Presidency or Vice-Presidency of the Republic or in the hypotheses of requisition provided for in law, and will realize it in full as to its share of individual performance and the national average in relation to its share of institutional performance ; and

II-ceded to organs or entities of the federal government distinct from the inciso I of the caput and invested in posts of Special Nature, of the Group's commission-Direction and Superiors-DAS, levels 6, 5, 4 or positions in commission and trust functions to such equivalents, and will perceive it calculated on the basis of the score corresponding to the national average of the score awarded for institutional evaluation to the units of the INSS.

Art. 16. In the event of apartments and licences considered by Law No. 8,112 of December 11, 1990, as of effective exercise, without prejudice to remuneration and entitled to the perception of performance gratification, the server will continue to perceiver GDAPMP corresponding to the last score obtained, until it is processed its first evaluation after the return.

Single Paragraph. The willing in the caput does not apply to the cases of assignment.

Art. 17. The occupants of the posts of which treat the incisos I and II of the art caput. 1º that do not remain in effective exercise in the same organizational unit during the entire evaluation period will be evaluated by the immediate kingpin of where there is staying for a longer time.

Single Paragraph. Should the server have remained the same number of days in different organizational units, the evaluation will be done by the immediate head of the unit in which it was at the time of the closing of the evaluation period.

Art. 18. Occurring exoneration of the post in commission, with maintenance of the effective post, the server that makes jus to GDAPMP will continue to realize the performance gratification corresponding to the last obtained value, until it is processed its first assessment after the exoneration.

Art. 19. The active servers recipients of GDAPMP who obtain, in the evaluation of individual performance, score less than fifty per cent of the maximum score set for that parcel will be subjected to empowerment or analysis process of the functional suitability, as the case is, under the responsibility of the INSS.

Single Paragraph. The functional suitability analysis aims to identify the causes of the results obtained in the performance evaluation and to serve as a subsidy for the adoption of measures that can provide for the improvement of server performance.

Art. 20. GDAPMP will not be able to be paid cumulatively with other activity or productivity performance gratification, regardless of its denomination or calculation basis.

Art. 21. To the occupants of the posts of which treat the incisos I and II of the art. 1º is ensured participation in the performance evaluation process, upon prior knowledge of the criteria and instruments used, and the monitoring of the process, with the INSS being given wide dissemination and guidance regarding the policy of evaluation of servers.

Art. 22. The assessed will be able to submit to the evaluator request for reconsideration, duly justified, as to the outcome of the individual evaluation, within ten days, counted from the receipt of copy of all data on evaluation.

§ 1º The request for reconsideration will be appreciated within a maximum of five days, and the chefs may defer the pleas, in whole or in part, or to dismiss it.

§ 2º The decision on the request for interpost reconsideration shall be communicated to the assessed, at most until the day after the closing of the deadline set out in § 1º.

§ 3º In the hypothesis of partial defiant or rejection of the plethol, it shall be the appeal to the commission of which it treats art. 23, within ten days, which will judge you in the last instance.

§ 4º The final outcome of the appeal will be communicated to the server interested by the resource evaluation commission, within two days, counted from deliberation.

§ 5º In the definition of the criteria and procedures of which it treats art. 6º, it will be considered the obligation to scientify the server as to the outcome of its individual evaluation and the possibility of submission of request for reconsideration and appeal interposition.

Art. 23. Commissions will be composed of resource evaluation within the INSS, instituted in act of its President, with the purpose of juding, ultimately, the possible interposed resources as to the results of the individual evaluations.

§ 1º The committees shall be formed by representatives of the administration, indicated by the maximum leader of the INSS and by members indicated by the servers.

§ 2º The way in which the committees operate will be defined in act of the President of the INSS.

§ 3º Only you will be able to compose the active and stable server commissions, which are not in probative stage or by responding to the disciplinary administrative process.

Art. 24. They will be composed of managers of the performance evaluation, instituted in act of the President of the INSS, for the purpose of:

I-review and propose changes of the performance evaluation instruments in no less than twelve months ; and

II-carry out studies and submit proposals, aiming at perfecting the procedures pertinent to the systematic performance evaluation.

§ 1º The managers' committees will be formed by representatives of the administration, indicated by the maximum leader of the INSS and by members nominated by the servers.

§ 2º The managers committees will participate in all stages of the evaluative cycle and will subsidize the resource evaluation committees, provided for in the art. 23.

§ 3º The operation form of the managers' committees will be defined in act of the President of the INSS.

§ 4º Only you will be able to compose the committees managers active and stable servers, which are not in probative stage or by responding to the disciplinary administrative process.

Art. 25. During the first period of evaluation, the assignments of the resource evaluation commissions, of which it treats art. 23, and of the managers of the performance evaluation, of which it treats art. 24, you will be able to stay in charge of the INSS people's management unit.

Art. 26. The GDAPMP will integrate the pension order and pensions, as per the provisions of the art. 50 of Law No. 11,907, 2009.

Art. 27. This Decree shall enter into force on the date of its publication.

Brasilia, August 14, 2013 ; 192º of Independence and 125º of the Republic.

DILMA ROUSSEFF

Miriam Belchior

Garibaldi Alves Filho