Draft bill 173.

Summary.

The draft bill proposes to regulate the assessment of performance and fitness for duty of retired public servants and pension recipients who continue working in public sector entities. It also establishes a procedure for ending their employment when deficiencies or failures to perform their duties are established. Its scope covers people receiving a pension or retirement benefit from the Social Security Fund (Caja de Seguro Social) or the State who continue to provide public services.

The proposed rules would apply across the Executive Branch (Órgano Ejecutivo), the Judicial Branch (Órgano Judicial) and the Legislative Branch (Órgano Legislati vo); autonomous, semi-autonomous and decentralized entities; public enterprises and enterprises in which the State holds a majority interest; and municipalities and communal boards. Coverage therefore depends both on pension or retirement status and on continued work in one of the institutions or organizations listed in the bill.

Every covered public servant would undergo a mandatory performance review every six months. Each institution’s Human Resources Office, or its equivalent unit, would conduct the review according to the position profile and assigned competencies. The bill identifies three grounds that cannot be remedied and would result in termination of employment: an unsatisfactory rating in two consecutive performance reviews; repeated, proven failure to meet the objectives or targets assigned to the position; and lack of fitness or a subsequent physical or mental incapacity that prevents the person from performing their duties. The last circumstance would require certification by the competent medical authorities.

Once one of these grounds has been established, the bill provides that a civil service employee would lose that status upon approval of retirement and would be assessed on performance in the assigned function or the function for which the employee was hired. The provision governing this procedure states that it applies to employees whose salary exceeds B/. 1,500.00 dollars. The head of the appointing entity would issue a reasoned decision notifying the employee that the employment relationship is ending. That administrative decision would guarantee due process and could be challenged through reconsideration and appeal under the general administrative procedure.

When employment ends on a ground set out in the bill, the public servant would retain the right to receive pension or retirement payments regularly, as well as the right to voluntary retirement compensation. The Executive Branch, acting through the Ministry of the Presidency (Ministerio de la Presidencia) in coordination with the General Directorate of Administrative Careers (Dirección General de Carrera Administrativa, DIGECA), would issue implementing regulations within 90 days of promulgation. The bill would take effect upon promulgation in the Official Gazette. It makes no express amendment to another enactment. Its subject concerns public sector personnel management, Social Security Fund pensions, competent medical authorities, and retired or pension-receiving employees of the institutions and enterprises within its scope.