# 2026-16456: MSPB Hands Back Three Appeal Categories to OPM

2026-16456, Appellate Jurisdiction Update II, is a Federal Register rule from Merit Systems Protection Board published 2026-08-12, effective 2026-09-02; PRIA reads it as touching household money (as of 2026-10-28).

- Canonical: https://policyrisk.com/federal-register/2026-16456
- As of: 2026-10-28
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Document number: 2026-16456
- Title: Appellate Jurisdiction Update II
- Type: Rule
- Agencies: Merit Systems Protection Board
- Citation: 91 FR 51997
- Published: 2026-08-12
- Effective: 2026-09-02
- Comments close: not stated
- Significant: no
- Touches household money: yes
- Regulation identifier numbers: 3124-AA33
- Last updated: 2026-10-28

## In one line

MSPB Hands Back Three Appeal Categories to OPM

## Summary

Starting September 2, 2026, the Merit Systems Protection Board (MSPB) will no longer handle appeals for probationary terminations, suitability, and reduction-in-force (RIF) cases because the Office of Personnel Management (OPM) took back that authority. But don’t worry—MSPB will still manage Foreign Service RIF appeals and will keep working on cases filed before the change. This update mainly affects federal employees facing these specific appeals and won’t impact ongoing cases.

## Abstract

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.

## Effects PRIA read

- Probationary termination appeals moved to OPM: cost, medium. Starting September 2, 2026, MSPB will no longer hear appeals by employees who are terminated during their probationary or trial period; those appeal rights were rescinded by OPM and will instead be handled by OPM. MSPB will continue to adjudicate probationary termination appeals that were filed bef…
- Reduction-in-force (RIF) appeals reassigned to OPM: cost, medium. Effective September 2, 2026, OPM rescinded MSPB's appeal rights for most reduction-in-force (RIF) actions and gave RIF appeal rights to OPM instead. MSPB retains the ability to adjudicate RIF appeals for actions where the agency issued the employee's specific RIF notice before September 2, 2026.
- Foreign Service RIF appeals remain with MSPB: benefit, medium. MSPB will continue to have statutory jurisdiction over reduction-in-force actions affecting career or career candidate appointees in the Foreign Service under 22 U.S.C. 4010a, and that right is retained after September 2, 2026. The final rule redesignates the citation for this Foreign Service RIF a…
- Suitability action appeals reassigned to OPM: cost, medium. Beginning September 2, 2026, MSPB will no longer hear appeals arising from suitability actions (including cancellation of eligibility, removal, cancellation of reinstatement eligibility, and debarment); OPM's final rule gives OPM exclusive appeal rights for these suitability actions. MSPB will cont…

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## Sources
- [2026-16456 on federalregister.gov](https://www.federalregister.gov/documents/2026/08/12/2026-16456/appellate-jurisdiction-update-ii)
- [2026-16456 as published (PDF)](https://www.govinfo.gov/content/pkg/FR-2026-08-12/pdf/2026-16456.pdf)

## Related
- [Previous: 2026-16432, Imposition of Import Restrictions on Categories of Archaeological and Ethnologi…](https://policyrisk.com/federal-register/2026-16432)
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- [All Federal Register documents](https://policyrisk.com/federal-register)

Source: PRIA, https://policyrisk.com/federal-register/2026-16456 (as of 2026-10-28).