Data / Federal rules / 2026-16456
Appellate Jurisdiction Update II
The Merit Systems Protection Board published this final rule in the Federal Register on August 12, 2026. It took effect on September 2, 2026.
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What the agency says
The Merit Systems Protection Board (MSPB or Board) is amending its regulations to remove references to MSPB's jurisdiction over probationary termination, suitability, and reduction-in-force (RIF) appeals. This revision reflects the Office of Personnel Management's (OPM's) rescission of the MSPB's jurisdiction to hear these types of appeals. The rule retains MSPB's statutory jurisdiction over Foreign Service reduction-in-force appeals under 22 U.S.C. 4010a.
Key facts
- Document number
- 2026-16456
- Type
- Final rule
- Action
- Final rule
- Agency
- Merit Systems Protection Board
- Published
- August 12, 2026
- Takes effect
- September 2, 2026
- Dates
- This final rule is effective on September 2, 2026. However, consistent with OPM's rulemakings, the MSPB will not apply this rule to pending cases or to newly filed cases relating to agency actions taken before the effective date of OPM's rulemakings, and will continue to adjudicate such probationary termination appeals, suitability appeals, and RIF appeals.
- Regulation ID (RIN)
- 3124-AA33
- Code of Federal Regulations
- 5 CFR 1201
- Topics
- Administrative practice and procedure; Civil rights; Government employees
- Pages
- 2
Other documents from the Merit Systems Protection Board
| Document | Type | Published |
|---|---|---|
| Determining the Appropriate Penalty for Federal Employees Charged With Misconduct 2026-18061 | Final rule | Sep 3 |
| Promoting Employee Accountability 2026-13445 · significant | Proposed rule | Jul 2 |
| Appellate Jurisdiction Update 2026-03594 | Final rule | Feb 23 |
| Practices and Procedures 2025-23250 | Final rule | Dec 18, 2025 |
| Civil Monetary Penalty Inflation Adjustment 2025-13707 | Final rule | Jul 22, 2025 |
| Organization and Procedures 2024-19933 | Final rule | Sep 9, 2024 |
| Appellate Jurisdiction Update 2024-07191 | Final rule | Apr 9, 2024 |
| Civil Monetary Penalty Inflation Adjustment 2024-03015 | Final rule | Feb 14, 2024 |
Everything from the Merit Systems Protection Board · Rules on administrative practice and procedure · Rules on civil rights · Rules on government employees · Published in August 2026
Read from the Federal Register API, last updated 2026-10-23. The document on federalregister.gov is the official record; dates and dockets can change through later corrections. Free to reuse with credit to SpecStream under CC BY 4.0.