DECREE NO. 4,247, OF May 22, 2002

Regulates the Gratification of Performance of Technical-Administrative Activity-GDATA, and gives other arrangements.

The PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives him the art. 84, inciso IV, of the Constitution, and with a view to the provisions of Law No. 10,404, of January 9, 2002,

D E C R E T A:

Art. 1º The Gratification of Performance of Technical-Administrative Activity-GDATA, of which it treats Law No. 10,404 of January 9, 2002 is due to the servers reached by Annex V of Law No. 9,367 of December 16, 1996 and by Law No. 6,550 of July 5, 1978, which are not organised in a career, which they have not had change in their remunerative structure between September 30, 2001 and January 10, 2002, as well as not perceive any other kind of advantage that has as a foundation the professional, individual or institutional performance or production.

Art. 2º For the purpose of applying the provisions of this Decree, the following terms are defined:

I-unit of assessment: the organ or the entity as a whole, a subset of administrative units of an organ or entity that performs activities of the same nature or secluded unit, with at least ten servers in exercise achieved by art. 1º of this Decree, as defined in act of the holder of the organ or entity, from geographical criteria, of organizational hierarchy or of an activity nature;

II-evaluation group: set of servers occupants of peer positions of schooling, which makes jus à GDATA, in exercise at the same assessment unit; and

III-cycle assessment: period considered for achievement of the institutional performance evaluation and individual, with views to affer the performance of the organ or the entity and the servers achieved by art. 1º of this Decree, which in it find itself in exercise.

Art. 3º GDATA aims to encourage the improvement of quality and productivity in the actions of each organ or entity of the Federal Public Administration and will be granted according to the results of the institutional and individual performance evaluations.

§ 1º Institutional performance evaluation aims to affer collective performance in the scope of organizational objectives, and may consider priority projects and activities and special working conditions, in addition to other specific characteristics of each organ or entity.

§ 2º Individual performance evaluation aims to affer the performance of the server in the exercise of job or role assignments, with a focus on individual contribution to the scope of organizational goals.

Art. 4º GDATA will have as limits:

I-maximum, hundred points per server; and

II-minimum, ten points per server.

§ 1º Each point corresponds to the value set out in Annex I.

§ 2º Considering the provisions of the art. 3º, the score regarding GDATA is thus distributed:

I-up to fifteen percentage points of its maximum limit will be assigned depending on the results obtained in the institutional performance evaluation; and

II-up to eighty and five percentage points of its maximum limit will be assigned depending on the results achieved in the individual performance evaluation.

Art. 5º The overall monthly score limit per level that it has each organ or entity to be distributed to the servers will correspond to seventy-five times the number of active servers per level, which does jus à GDATA, in exercise on the organ or entity.

Single paragraph. In the following of the provisions of the caput of this article and the inciso I of § 2º of the art. 4º, the overall limit of points of which it has each unit of assessment to assign to the groups of which it treats the inciso II of the art. 2º, depending on the results obtained in the individual appreciation, it will correspond to sixty times the number of active servers per group, which makes jus à GDATA, in exercise in the unit.

Art. 6º The performance goals institutional to be posted semester for the purposes of payment of GDATA shall be fixed annually, in act of the holder of the organ or of the entity whose servers in exercise shall make jus to the said gratification and published before the start of the cycle of evaluation.

§ 1º Institutional performance targets should be set by taking into consideration the targets of the Multiannual Plan, the priority projects and activities, the special working conditions and the characteristics specific to each organ or entity, arising from its location and spatial distribution and the nature of the developed activities.

§ 2º The targets referred to in the caput could be reviewed in the supervenience of factors that have significant influence on their achievement.

§ 3º For the purposes of operationalisation, the targets referred to in the caput may be unfolded by the holder of the organ or entity for each unit of assessment, provided that the result of this unfolding is representative of the set of institutional targets set for the body or the entity.

§ 4º The competence to unfold the institutional targets referred to in § 3º of this article may be delegated, vetted the subdelegation.

§ 5º The score to be assigned to each server depending on the index of achieving the institutional performance targets is listed in Annex II.

§ 6º While they are not published the institutional performance targets, the servers will be jus only to the share of GDATA stemming from the individual assessment.

Art. 7º For GDATA payment effect, the results of the performance evaluation individual should be expressed in scale that observe the following parameters:

I-minimum of ten and maximum of eighty-five points;

II-arithmetic mean less than or equal to sixty points; and

III-standard deviation greater than or equal to five points.

Art. 8º The value to be paid for GDATA title will be calculated by multiplying the somatory of the points earned, respectively, in the performance evaluations institutional and individual by the value of the point constant of Annex I.

Art. 9º The specific criteria and procedures of GDATA allocation will be established in act of the holders of each organ or entity of the Federal Public Administration, within thirty days, counted from the date of publication of this Decree.

§ 1º The act referred to in the caput should contain:

I-relation of the assessment units to be considered in the body or entity;

II-identification of the person responsible for the observance of the general and specific performance evaluation criteria and procedures in each evaluation unit, with an emphasis on the fulfilment of the parameters set in the incisos II and III of the art. 7º of this Decree;

III-particularly, in relation to the evaluation of institutional performance:

a) the relative weight of each unit of assessment in the fulfillment of institutional targets; and

b) the indicators and the institutional performance targets;

IV-particularly, in relation to the individual performance evaluation:

a) the factors to be awounded in the performance evaluation individual;

b) the performance indicators to be considered for each factor;

c) the relative weight of each factor;

d) the evaluation methodology to be used, covering the procedures that will conduct the evaluation process, the sequence in which they will be developed and those responsible for their execution; and

and) the procedures regarding the routing of resources by the assessed server.

§ 2º In the organ or entity where the quantitative of servers that makes jus à GDATA is equal to or greater than ten, the units that make it up, for the purposes of carrying out the performance evaluation and payment of the said gratification, shall be grouped together in such a way that it rests the provisions of the inciso I of the art. 2º of this Decree, as to the concept of the evaluation unit and the minimum number of servers that must integrate it.

§ 3º In the hypothesis of there being the organ or entity in which the quantitative of servers achieved by art. 1º of this Decree is less than or equal to nine, it will be assigned to each server, the title of GDATA, the value regarding seventy and five points.

§ 4º Until the regulation of which it treats the caput of this article is published, the servers will notice, in the title of GDATA, the corresponding to thirty-seven comma five points.

§ 5º Exceptionally, for the first evaluation cycle, the act of which treats the caput might not contemplate the goals and indicators of institutional performance provided for in the inciso III of § 1º of this article.

§ 6º In the hypothesis of § 5º, the servers five points to the title of institutional performance, in the first evaluation cycle, will be assigned to the servers.

Art. 10. The standard evaluation cycle will have the duration of six months and will take the payment of GDATA in calculated value as per the provisions of the art. 8º for equal period, from the second subsequent month to the end of the same.

Art. 11. The first evaluation cycle will begin for each organ or entity on the date of publication of the act referred to in art. 9º of this Decree and, exceptionally, will end on August 31, 2002.

§ 1º From the beginning of the first evaluation cycle and until its results are processed, the servers will perceive, the title of GDATA, the corresponding to fifty points.

§ 2º The result of the first performance evaluation generates financial effects from the beginning of the first evaluation cycle, and possible ascertained differences in relation to to the fifty paid points, as disposed of in § 1º of this article, on the subsequent payroll to the period of processing the evaluations.

Art. 12. Until the first individual performance evaluation is processed, to the appointed server in the course of the evaluation cycle will be assigned, the title of GDATA, the score regarding the institutional performance evaluation of the period, increased by thirty-seven comma five points regarding the individual performance evaluation.

Art. 13. The Ministry of Planning, Budget and Management will have about the payment of GDATA in the cases of departments with remuneration, under the conditions specified in law.

Art. 14. The server that does not remain in effective exercise at the same assessment unit for period equal to or greater than fifty percent of the full evaluation cycle, whether on leave of leave, legal removal or remanding, will notice the GDATA from the unit where it has stayed for longer, until it is processed its first evaluation in the new unit.

Art. 15. The servers referred to in art. 1º of this Decree, occupiers of commissioned positions, will make jus à GDATA under the following conditions:

I-occupiers of commissioned posts of the Group-Direction and Advising Superiors-DAS, levels 1, 2, 3 and 4 or posts equivalents will perceive GDATA in value equivalent to seven times the number of points corresponding to the institutional evaluation of its exercise body, limited to one hundred points;

II-occupants of commissioned positions of Nature Special or DAS, levels 5 and 6 or equivalent positions, will perceive GDATA calculated at its maximum value.

Art. 16. The servers referred to in art. 1º of this Decree, when invested in Technical Commissioned Functions-FCT or Gratified Functions-FG, will notice the calculated GDATA as set forth in the art. 8º of this Decree.

Art. 17. Observed the provisions of the art. 6º of Law No. 10,404, 2002, and until they take effect the specific regulations mentioned in the art. 9º of this Decree, GDATA will be paid in value corresponding to fifty points to the servers achieved by art. 1º, which are:

I-ceded to the states of Amapá, Roraima and Rondônia, on the grounds of art. 31 of the Constitutional Amendment No. 19, of 1998, and in § 2º of the art. 19 of the Supplementary Act No. 41 of December 22, 1981; or

II-at the disposal of States, the Federal District or Municipalities, as disposed of in the art. 20 of Law No. 8,270, of December 17, 1991.

Art. 18. The servers of which treat the incisos I and II of the arts. 15 and 17 shall not be computed for the purposes of the establishment of the global point limit of which it has the organ or entity to be distributed to its servers and the calculation of the average and the standard deviation to which the incisos II and III of the art are referred to. 7º of this Decree.

Art. 19. The gratuities to which this Decree refers will be granted to the servers with hourly charge of forty weekly hours, save for various provisions in specific law.

Art. 20. Performance evaluation committees shall be established, within the framework of the respective bodies or entities, with the purpose of judging the interposed resources as to the outcome of the individual assessment.

§ 1º The composition and the form of operation of the committees shall be defined in act of the holders of the organs or entities, and shall contemplate the participation of the servers.

§ 2º It is still up to the performance evaluation committee, within each organ or entity, follow up on the performance evaluation process and propose the changes deemed necessary for its best operationalization in relation to the criteria and procedures established for the individual performance evaluation, observed the willing in this Decree.

Art. 21. This Decree comes into force on the date of its publication.

Brasilia, May 22, 2002; 181º of Independence and 114º of the Republic.

FERNANDO HENRIQUE CARDOSO

Guilherme Gomes Days

ANNEX I

POINTS VALUE TABLES

JOB LEVEL	POINT VALUE (IN R $)
SUPERIOR	5.04
INTERMEDIATE	1.48
AUXILIARY	0.68

ANNEX II

INDEX OF ACHIEVING THE INSTITUTIONAL PERFORMANCE GOALS	SCORING TO BE ASSIGNED TO THE SERVERS
From 80%	15 points
From 60% to 80%, exclusive	10 points
From 40% to 60%, exclusive	5 points
Below from 40%	0 points