Appellate Jurisdiction Update II

What it does

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.

The Merit Systems Protection Board's summary, as published in the Federal Register.

What changed in the regulation

1 part of Title 5 of the Code of Federal Regulations:

5 CFR 1201

Wording on eCFR: the day before it took effect and from the day it took effect (first part listed).

Compared with

The Merit Systems Protection Board has published 3 final rules in 2026 so far, compared with 2 in all of 2025.

Counted by the Tribune from Federal Register records since Jan. 1, 2025.

Before this

No earlier Federal Register document under regulation identifier 3124-AA33 since Jan. 1, 2025.

What happens next and when

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.

The agency's dates, word for word.

Check it yourself

• The document in the Federal Register
• Title 5 on eCFR

The record as published

Source: the Federal Register (public domain). The document in the Federal Register