MSPB Ditches Most Appeals But Clings to Foreign Service RIFs
Published Date: 8/12/2026
Rule
Summary
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.
Analyzed Economic Effects
3 provisions identified: 0 benefits, 2 costs, 1 mixed.
Probationary Termination Appeals Removed
If you would appeal a probationary termination, the Merit Systems Protection Board (MSPB) no longer has jurisdiction to hear that appeal. The rule removes references to MSPB jurisdiction for probationary termination appeals to reflect the Office of Personnel Management's rescission of that jurisdiction.
Suitability Appeals No Longer with MSPB
If you would appeal a suitability determination, the MSPB no longer has jurisdiction to hear that appeal. The regulation deletes references to MSPB jurisdiction over suitability appeals following OPM's rescission of that jurisdiction.
RIF Appeals Jurisdiction Changed; Foreign Service Retained
The MSPB will no longer have jurisdiction over reduction-in-force (RIF) appeals generally because OPM rescinded that jurisdiction. The rule explicitly retains MSPB's statutory jurisdiction over Foreign Service RIF appeals under 22 U.S.C. 4010a.
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