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Decree No. 8069, Of 14 August 2013

Original Language Title: Decreto nº 8.069, de 14 de agosto de 2013

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DECREE NO-8,069, OF August 14, 2013

Regulates the general criteria and procedures for evaluation of institutional performance, individual performance evaluation and payment of Performance Gratification of the Previdential Activity-GDAP, of which it treats Law No. 10,355, of December 26, 2001.

THE CHAIRWOMAN OF THE REPUBLIC, in the use of the assignment that confers it on art. 84, caput, inciso IV, of the Constitution, and with a view to the provisions of the art. 6º of Law No. 10,355, of December 26, 2001,

DECRETA:

Art. 1º The Gratification of Performance of Previdential Activity-GDAP, as referred to by art. 4º of Law No. 10,355 of December 26, 2001, is regulated under the provisions of this Decree.

Art. 2º GDAP is due to the members of the Previdential Career Carrier, of which it treats art. 1º of Law No. 10,355, of 2001, depending on the institutional and individual performance.

Art.3º GDAP will be paid observed the maximum limit of one hundred points and the minimum of thirty points per server, corresponding to each point, in its respective levels, to the value set out in Schedule III of Law No. 10,355, of 2001.

Art. 4º The score referring to GDAP will thus be distributed:

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

II-up to eighty points will be attributed in function of the results obtained in the evaluation of institutional performance.

Single paragraph. The values to be paid for GDAP will be calculated by multiplying the sum of the points earned in the individual and institutional performance evaluations by the value of the point constant of Annex III to Law No. 10,355, 2001, according to the respective level, class and standard.

Art. 5º Individual and institutional performance evaluations will be held semestrally, considering monthly monitoring records, and used as a management tool, with the identification of aspects of performance that may be improved by means of opportunities for empowerment and professional improvement.

§ 1º The first assessment cycle will begin thirty days after the date of publication of the act referred to in § 1º of the art. 10.

§ 2º The result of the first performance evaluation will generate financial effects from the beginning of the first evaluation period, and possible differences paid to the greater or the minor.

§ 3º Institutional and individual performance evaluations will be consolidated semestrally, and processed in the month subsequent to that of consolidation.

§ 4º Individual assessment will only produce effects financial if the server has remained in exercise of the activities for, at minimum, two-thirds of a full evaluation cycle.

§ 5º The consolidated result of each assessment period, after the first cycle, will have monthly financial effect, during equal period, from the month subsequent to the processing of the evaluations.

Art. 6º For the purposes of the provisions of this Decree, performance evaluation consists in the systematic and continuous monitoring of the individual actuation of the servers, in the exercise of the tasks of the office, and the institutional of the servers ' lotation organ, to which refers to art. 2º of this Decree, having as purpose the scope of the goals, considering the mission and objectives of the INSS.

Art. 7º The individual performance evaluation aims to afer the performance of the server in the exercise of the tasks of the office or function, with a focus on the individual contribution to the scope of the organizational goals.

Art. 8º The individual performance evaluation will be carried out on two levels:

I-managerial for servers that act on the work team management; and

II-functional for member servers of the teams of work and who do not act in the management of teams.

Art. 9º The individual performance evaluation will be composed of performance factors that reflect the knowledge, skills and attitudes necessary to the proper performance of functional or managerial tasks and activities, which contribute to the scope of the INSS targets.

§ 1º In the individual performance evaluation at functional level, the following criteria will be observed:

I-flexibility to changes;

II- interpersonal relationship;

III-teamwork;

IV-commitment to the work; and

V-knowledge and self-development.

§ 2º The evaluation of individual server performance will be carried out by the immediate boss or by the one whom the President of the INSS designates.

Art. 10. The institutional performance evaluation aims to afer the scope of the organizational goals, considering the mission and objectives of the institution, and may consider priority projects and activities and special working conditions, in addition to others specific characteristics of the INSS.

§ 1º The targets regarding the evaluation of institutional performance will be fixed semester, in act of the Minister of State for Social Security, and may be reviewed, at any time, to the supervenience of factors that come to exert significant and direct influence on their achievement, provided that the INSS has not given cause to such factors.

§ 2º The targets referred to in § 1º should be objectively measurable, using as indicator parameters that aim to affer the quality of services related to the finalistic activity of the INSS.

§ 3º The institutional performance targets and the results ascertained each period will be widely publicized by the INSS, including on its electronic site, and should remain accessible at any time.

Art. 11. The specific criteria and procedures of the individual and institutional performance evaluation and allocation of GDAP will be established in the act of the INSS maximum leader, observed the current legislation.

§ 1º In the definition of the procedures of which it treats the caput, it will be considered mandatory to scientify the server as to the outcome of its individual assessment and the possibility of interposition of appeal.

§ 2º In the case of interposition of feature by the server, the evaluator will be able to fully reconsider its decision, partially defer the plete or dismiss it.

§ 3º In the hypothesis of partial deferral or dismissal of the appeal, in the form of § 2º, the appeal will be addressed to the evaluator who delivered the decision, which, if it does not reconsider its decision within five days, will forward the appeal to the Resource Assessment Commission, of which it treats art. 13, which will judge you in the last instance.

Art. 12. They are defined as evaluation units the existing Executive Generations in the organizational structure of the INSS.

§ 1º The institutional performance evaluation of the servers loed in the Central Direction of the INSS will be corresponding to the average assessment of Regional Managers.

§ 2º The evaluation of institutional performance of the servers loed in the Regional Managers, Regional Audits, Regional Corregedories and Regional Procuratorates will correspond to the average of the evaluation of the Executive Generations linked to the Regional Managers.

Art. 13. They will be comprised of Resource Assessment Commissions, within the framework of the INSS, instituted in act of their maximum leader, with the purpose of judging, ultimately, the possible interposed resources as to the results of the individual evaluations.

§ 1º Resource Assessment Commissions will be formed by representatives of the administration and by members indicated by the servers.

§ 2º The way of operation of the Resource Assessment Commissions will be defined in act of the President of the INSS.

§ 3º Only will be able to compose the active and stable Resource Assessment Commissions, which are not in probationary stage or by responding to administrative process discipline.

Art. 14. The GDAP beneficiary active servers that obtain individual performance evaluation of less than fifty percent of the predicted maximum score will undergo the capacity-building or analysis process of functional suitability, as the case may be, under the responsibility of the INSS.

Single paragraph. Functional suitability analysis aims to identify the causes of the results obtained in the evaluation of the performance and to serve as a subsidy for the adoption of measures that may propitiate the improvement of the server performance.

Art. 15. The members of the Previdential Career Carrier who do not find themselves in the effective exercise of the activities inherent in the respective posts will only be jus a GDAP at the following hypotheses:

I-when yielded to the Presidency or the Vice Presidency of the Republic, amounting to one hundred percent of the individual parcel, applying for the institutional evaluation of the period;

II-when in exercise at the Ministry of Social Welfare and Councils members of their basic structure or binding them, or in the requisition hypotheses provided for in law, calculated on the basis of the same valid rules as if they were in exercise at the INSS; or

III-when yielded to organs or entities of the Federal Executive Power other than the nominees in the incisors I and II of the caput, vested in posts in Special Nature and GrupoDirection and Higher Education and Advising Higher-DAS, levels 6, 5 and 4, or equivalent, will perceive GDAP in the value equivalent to the institutional evaluation of the period.

Single paragraph. The institutional evaluation of the servers to which the incisos I will refer to III will correspond to the result obtained by the Executive Management or the organizational unit of origin.

Art. 16. The servers referred to in art. 15, exonerated from the post in committee or who return to the INSS, will continue to perceive GDAP corresponding to the last score obtained, until it is processed its first evaluation after the return.

Art. 17. In the event of licences and departments considered by Law No. 8,112 of December 11, 1990, as of effective exercise, without prejudice to the remuneration and entitled to the perception of performance gratification, the server will continue to perceive GDAP corresponding the last score obtained, until it is processed at its first evaluation after the return.

Art. 18. Until the first performance evaluation is processed that comes with financial effect, the server that has returned unpaid leave, from assignment or other unentitled departments to the perception of performance gratification in the course of the evaluation cycle will receive GDAP at the value of sixty points, observed the respective level, class and standard.

Art. 19. The server which, in the first evaluation period for the purposes of perception of GDAP, has not complied with the interstice provided for in § 4º of the art. 5º, by virtue of licences or detachments without prejudice to remuneration and entitled to the perception of gratification, will make jus, in the period of generating financial effect of that first assessment, to the said gratification in the corresponding value to sixty points, observed the respective level, class and standard.

Single paragraph. The server which, in the subsequent period, again cease to fulfill the interstice provided for in § 4º of the art. 5º, by virtue of licences or departments without prejudice to remuneration and entitled to the perception of gratification, you will receive GDAP in the form of the caput.

Art. 20. Until the results of the first performance evaluation cycle are processed as disposed of in this Decree, GDAP will be paid to the effective cargo servers or positions and commissioned functions, which to it do jus, in value corresponding to sixty points, which shall be multiplied by the constant value of Schedule III of Law No. 10,355, of 2001, observed the level, class and standard in which the server is positioned.

Art. 21. GDAP will be paid to the servers belonging to the framework of personnel of organs or diverse entities of the INSS based on the individual performance evaluation, summed up to the result of the institutional evaluation.

§ 1º The evaluation institutional referred to in the caput of this article will be that of the lottation body or entity.

§ 2º The installment of the performance gratification regarding the individual performance evaluation will be paid to the servers of which it treats the caput on the basis of the specific criteria and procedures to be established in act of the maximum governing body or lotation entity.

§ 3º The individual performance evaluation of the server of which it treats the caput will be carried out by the immediate kingpin or, exceptionally, by the one to whom the maximum governing body or lottery entity designates.

§ 4º The organ or lotion entity shall be responsible for the guidance, monitoring, supervision and processing of the individual performance evaluation of the servers that make jus to GDAP, as well as by the historical record of the results and evaluations.

Art. 22. GDAP will be paid jointly, in a non-cumulative manner, with the Activity Gratification of which it treats the Delegated Law No. 13 of August 27, 1992, and will not serve as a basis of calculation for any other benefits or advantages.

Art. 23. For the purpose of incorporation of GDAP to the proceeds of retirements or pensions, the criteria set out in the art will be adopted. 8º of Law No. 10,355, of 2001.

Art. 24. This Decree takes effect 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