Official Time Reform Act of 2017

To amend title 5, United States Code, to limit the use of official time for political activity and to exclude certain official time from eligibility as creditable service under CSRS and FERS, and for other purposes. 1. Short title This Act may be cited as the Official Time Reform Act of 2017 2. Limitation on use of official time for political activity (a) In general Section 7131 of title 5, United States Code, is amended— (1) in subsection (d) by inserting and subsection (e) preceding subsections (2) by adding at the end the following: (e) An employee may not be granted official time under this section for any time such employee would otherwise be in a duty status for purposes of engaging in any political activity, including lobbying activity. . (b) Applicability The amendment made by this section shall apply on the date of enactment of this Act, regardless of whether an employee is covered by a collective bargaining agreement in effect on such date. 3. Exclusion of certain durations of official time from creditable service (a) CSRS Section 8332 of title 5, United States Code, is amended by adding at the end the following: (p) (1) An employee may not be allowed credit under this section for any day of service spent principally on official time, as described under subsection (b), that is in excess of 365 days in the aggregate. (2) For purposes of this subsection, an employee spends a day principally on official time if at least 80 percent of the time such employee would otherwise be in a duty status during such day is spent on official time granted under section 7131. (3) Notwithstanding paragraph (1), any service described under paragraph (1) for which an employee is not allowed credit under this subsection shall be treated as creditable service for purposes of calculating the average pay of the employee under section 8331(4). . (b) FERS Section 8411 of title 5, United States Code, is amended by— (1) striking (i)(1) Upon application (j)(1) Upon application (2) by adding at the end the following: (m) (1) An employee may not be allowed credit under this section for any day of service spent principally on official time, as described under subsection (b), that is in excess of 365 days in the aggregate. (2) For purposes of this subsection, an employee spends a day principally on official time if at least 80 percent of the time such employee would otherwise be in a duty status during such day is spent on official time granted under section 7131. (3) Notwithstanding paragraph (1), any service described under paragraph (1) for which an employee is not allowed credit under this subsection shall be considered service for purposes of calculating the average pay of the employee under section 8401(3). . (c) Applicability The amendments made by this section shall apply to any applicable annuity calculated on or after October 1, 2017.

Summary: Official Time Reform Act of 2017 This bill prohibits the granting of official time to an employee who would otherwise be in a duty status for purposes of engaging in any political activity, including lobbying activity. Official time is time off from assigned duties granted to a federal employee for purposes of representing a union or its bargaining unit employees. Under the Civil Service Retirement System and the Federal Employees Retirement System: (1) an employee may not be allowed retirement credit for any day of service spent principally on official time that is in excess of 365 days in the aggregate, (2) an employee is deemed to have spent a day principally on official time if it is at least 80% of the time such employee would otherwise be in a duty status, and (3) any such service spent principally on official time for which an employee is not allowed credit shall be treated as credible service for purposes of calculating the employee's average pay.