Appellate Jurisdiction Update II

What it does

• •Removes MSPB jurisdiction over appeals for probationary terminations, reduction-in-force (RIF) actions, and suitability determinations, transferring these appeals to the Office of Personnel Management (OPM) effective September 2, 2026.
• •Retains MSPB's statutory jurisdiction over Foreign Service RIF appeals under 22 U.S.C. 4010a and corrects the regulatory citation.
• •Applies the jurisdictional change only to actions taken on or after September 2, 2026, while MSPB continues to adjudicate all pending cases and cases based on prior actions.

Why it matters

• •Reflects prior OPM rulemaking that rescinded the regulatory bases for MSPB's jurisdiction over these three categories of federal employee appeals, requiring MSPB to update its regulations accordingly.
• •Ensures a clear allocation of appellate authority between MSPB and OPM without disrupting resolution of cases filed before the effective date.

Who is affected

• •Federal employees in the competitive service or managerial/supervisory positions terminated during probationary periods, and those subjected to RIF or suitability actions on or after September 2, 2026.
• •The Merit Systems Protection Board and the Office of Personnel Management, whose respective jurisdictional boundaries are redefined.

What happens next

This final rule becomes effective on September 2, 2026, but MSPB will continue adjudicating all probationary termination, RIF, and suitability appeals based on agency actions taken before that date.