Law No. 10550, 13 November 2002

Original Language Title: Lei nº 10.550, de 13 de Novembro de 2002

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LEI No. 10,550, DE November 13, 2002

Disposal on the structuring of the Federal Agricultural Loss Career, the creation of the Agrarian Federal Perito Activity Performance Gratification-GDAPA and the Special Gratification of the Agrarian Federal Perito-GEPRA, and gives others provider.

I make it known that the President of the Republic adopted the Provisional Measure No. 47 of 2002 that the National Congress approved, and I, Ramez Tebet, President of the Bureau of the National Congress, for the effects of the provisions on art. 62 of the Federal Constitution, with the essay given by Constitutional Amendment No 32, 2001, promulgated the following Law:

Art. 1º It is structured the Federal Agrarian Perito Carrier, within the framework of the National Institute for Colonization and Agrarian Reform-INCRA, composed of the effective positions of Agronomic Engineer, governed by Law No. 8,112, 11 of December 1990, members of the Personnel Board of that entity, on 1º April 2002, framing the servers according to the respective assignments, professional training requirements and relative position in the table, as per the constant of Annex I.

§ 1º In the application of the provisions in this article, no level change may occur.

§ 2º The framework for dealing with this article will give you upon unretractable option of the server, to be formalized within thirty days, from the duration of this Act.

§ 3º The occupant servants of the posts referred to in the caput that do not opt in the form of § 2, an additional framework in extinction.

§ 4º The placement of the inactive in the remunerative table will be referenced to the situation in which they were in the moment of passage for inactivity.

Art. 2º The occupants of the post of Agronomic Engineer of the INCRA Personnel Framework that integrate the Federal Estate Portfolio have for attribution the coordination, direction and elaboration of projects and the execution specialized in activities concerning agrarian policies and, more specifically, throughout the national territory:

I-the survey, assessment and expertise of rural real estate, with views to the verification of compliance with the social function of the property, compensation of rural real estate, technical defence in lawsuits as well as maintenance of the rural ;

II-the technical pronouncement regarding land disposals in land regularization projects, land reform and colonization ;

III-conclusive pronouncement on technical, economic and environmental feasibility, concerning the achievement of areas for agrarian reform or colonization purposes ;

IV-participation in interdisciplinary teams in planning and monitoring the agrarian and settlement reform projects ;

V-conducting studies and analyses for the elaboration of standards on land regularization, reform and agrarian development ; and

VI-the execution of other tasks of a similar nature, compatible with their professional habilitation, in the area of competence of the INCRA.

Single Paragraph. The Executive Power, observed the provisions of this article, will discipline the class specifications of the post of Agricultural Engineer Engineer of the Federal Agrarian Perito.

Art. 3º The development of the server in the Federal Agrarian Loss Career will occur upon functional progression and promotion

§ 1º For the purposes of this Act, functional progression is the pass-through of the server to the immediately superior due pattern within a same class, and promotion, the server pass from the last standard of a class to the first of the class immediately superior.

§ 2º The functional progression and promotion will observe the requirements and conditions to be fixed in regulation, and should take into consideration the results of the server performance evaluation.

Art. 4º The basic maturity of the members of the Federal Agricultural Loss Career is the constant of Annex II.

Single Paragraph. The work journey of the Carrier members of the Federal Agrarian Perito is forty hours weekly.

Art. 5º It is instituted, from 1º April 2002, the Agrarian Federal Loss Activity Gratification-GDAPA, due to the occupant servers of the Agricultural Engineer positions, belonging to the Framework of INCRA personnel, which integrate the Federal Perpetual Loss Career.

Art. 6º The gratification instituted in art. 5º will have as limits:

I-maximum, one hundred points per server ; and

II-minimum, ten points per server, corresponding each point to the value set in Annex III.

§ 1º The global monthly score limit that has the INCRA to be assigned to the servers of the Federal Estate Portfolio will correspond to eighty times the number of active servers, which does jus to the GDAPA, in exercise in that Institute.

§ 2º The distribution of the points and the score assigned to each server will observe the institutional and individual performance.

§ 3º Institutional performance evaluation aims to assess collective performance within the range of organizational objectives, and may consider priority projects and activities and special working conditions, plus others specific characteristics of each organ or entity.

§ 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.

Art. 7º The Executive Power Act will have on the general criteria to be observed for the realization of the assessments and payment of the gratification, including in the occupation hypothesis of positions and trust functions.

Single Paragraph. The specific criteria and procedures for awarding GDAPA will be established in act of the INCRA holder.

Art. 8º In the compensation reduction hypothesis of the occupants of the posts of which it treats art. 5, arising from the implementation of this Act, the difference shall be paid as a nominally identified personal advantage, to be absorbed on the occasion of the reorganization or restructuring of the remunerative career or table, of the granting of readjustments, additional, gratuities or advantage of any nature or career development.

Art. 9º The GDAPA will integrate the pension and pension order's order, according to:

I-the average of the values received in the last sixty months ; or

II-the value corresponding to ten points, when perceived for less than sixty months.

Single Paragraph. To existing pensions and pensions when the publication of this Act applies the provisions of the incision II of this article.

Art. 10. The members of the Carrier of Perito Federal Agrarium, when in exercise of activities inherent in the tasks of the respective office in the INCRA, will do jus to the Special Gratification of Perito in Agrarian Reform-GEPRA, instituted from the publication of this Act, as values set out in Annex IV.

Single Paragraph. The GEPRA will integrate the pension order and pensions.

Art. 11. The application of the provisions of this Act to retirees and pensioners will not be able to imply reduction in order and pensions.

Single Paragraph. Noted the reduction of proof or pension arising from the application of the provisions in this Act, the difference shall be paid for the nominally identified personal advantage, subject exclusively to the update arising from the general review of the remuneration of the federal civil servants.

Art. 12. Until August 31, 2002 and until they are edited the acts referred to in art. 7, GDAPA will be paid to the occupant servers of effective positions or commissioned and trusting roles and functions, which it makes jus, in the values corresponding to fifty points per server.

Art. 13. To the active server recipient of GDAPA that obtains scoring less than fifty points in two consecutive individual assessments will be ensured empowering process, organ responsibility or lotation entity.

Art. 14. The GDAPA and GEPRA will be paid together in a non-cumulative manner with the Activity Gratification of which it treats the Delegated Act No. 13 of August 27, 1992 and will not serve as a basis of calculation for any other benefits or advantages.

Art. 15. GDAPA and GEPRA will not be due to those who are not in the performance of assignments arising from the federal public server condition.

Art. 16. As a result of the willing in the arts. 5º and 10, the servers covered by this Act cease to make jus, from the beginning of the payment of GEPRA, to the Functional Activity Performance Gratification-GAF, instituted through Law No. 9,651 of May 27, 1998, and Gratification of which it treats Annex IX of Law No 8,460 of September 17, 1992.

Art. 17. This Act will come into force on the date of its publication, with financial effects from 1º April 2002.

National Congress, on November 13, 2002 ; 181º of Independence and 114º of the Republic

SENATOR RAMEZ TEBET

Chairman of the Bureau of the National Congress