RIF appeals just left the MSPB. Ninety-nine percent of commenters objected.
A second OPM rule took effect the same day as the new retention rules, and it changed who decides whether agencies followed them. RIF appeals no longer go to the Merit Systems Protection Board. They go to OPM — the agency that wrote the rules — on a documentary record, with no hearing and no route to federal court. The window is thirty calendar days.
1. What changed
A new subpart I to 5 CFR part 351 routes RIF appeals to OPM’s Office of Merit System Accountability and Compliance. The RIF notice itself was amended to say so. Review is on the agency record, with reconsideration available and the OPM Director as the final word. The MSPB amended its own regulations on August 12 to remove the jurisdiction, retaining Foreign Service RIF appeals under 22 U.S.C. 4010a.
One date decides your forum, and it is not your separation date: the date your specific RIF notice was issued. Before September 2, MSPB. On or after, OPM. The Board has said it will not dismiss pending cases or reject appeals from earlier notices.
2. Old route, new route
| MSPB | OPM | |
|---|---|---|
| Decider | Administrative judge, then the Board | OPM MSAC; Director on reconsideration |
| Process | Hearing, discovery, testimony | Record review, documentary |
| Deadline | 30 days | 30 calendar days |
| Courts | Federal Circuit | None |
| Independence | Independent quasi-judicial agency | The agency that wrote the rules |
3. The objection, and OPM’s answer
The criticism is simple: OPM wrote the retention rules and now adjudicates whether agencies followed them, without a hearing and without judicial review. Nearly every commenter said so.
OPM’s response has two parts. MSPB review of RIF actions was regulatory rather than statutory — OPM had delegated it by regulation and could withdraw it. And due process is flexible: the questions in a RIF appeal are whether the agency applied the rules on coverage, competitive area, competitive level, retention standing, order of release, assignment rights, and notice content, which OPM argues a documentary review can answer. Litigation over the transfer is likely. None of it changes the thirty days.
4. What is worth appealing
Compliance questions, not fairness questions. Under a numeric scoring system, that increasingly means arithmetic: whether the agency used your three most recent ratings of record, whether your veterans’ preference points and service computation date are right, whether your competitive level was drawn properly, whether the competitive area was established or modified within 90 days without the now-required OPM approval, and whether assignment rights were evaluated with a job-analysis-based assessment rather than an automated questionnaire.
Because there is no discovery, the request for the retention register and supporting records should go out on day one. The full checklist is in the appeals guide.
5. FAQ
Where does a RIF appeal go now?
To OPM’s Office of Merit System Accountability and Compliance, for any RIF where the agency issued the specific notice on or after September 2, 2026. Notices issued before that date stay with the Merit Systems Protection Board, which has said it will continue accepting and deciding those appeals. The MSPB retains statutory jurisdiction over Foreign Service RIF appeals.
How long do I have to file?
Thirty calendar days from the effective date of the action. After OPM issues a written initial decision, either party has 30 calendar days to request reconsideration, and the decision becomes final 30 days after issuance if no one does and the OPM Director does not reopen it.
Can I appeal to court after OPM decides?
No. Final review rests with the OPM Director; the route to the U.S. Court of Appeals for the Federal Circuit that existed under the MSPB process is not part of the new one. Collateral claims keep their own forums: discrimination complaints through EEO and the EEOC, prohibited personnel practices through the Office of Special Counsel, and veterans’ rights claims under VEOA and USERRA.