Merit Systems Protection Board

The focus of this page is employment disputes such as wrongful termination, demotion, suspension etc.

In 1978 Congress under President Jimmy Carter reformed the old Civil Service laws, abolishing the former Civil Service Commission and doling out its roles to two new agencies, the Merit Systems Protection Board (MSPB) and the Office of Personnel Management (OPM).

MSPB is a quasi-judicial agency which determines disputes between federal civilian employees and the agencies they work for. OPM takes actions and makes decisions (some of which are appealable to MSPB) regarding personnel matters such as retirement, insurance, payrates, overpayments, re-employment rights, position descriptions, etc.

MSPB’s jurisdiction does not cover every dispute that an employee might have with the agency he or she works for. Its jurisdiction is limited primarily to actual or constructive adverse personnel actions (termination, suspension of more than 14 days, furlough for 30 days or less, reduction in grade and pay, RIF actions, etc.), denials of retirement applications, failure to re-employ, whistleblowing cases, and “mixed appeals” involving illegal discrimination in addition to another dispute over which the Board has jurisdiction.

OPM’s jurisdiction, so far as individual employees are concerned, primarily involves actions relating to disability and “regular” retirement applications, survivor benefits, and insurance claims.

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