MSPB - FEDagent - News for federal agents and 1811’s

Any Indicted Fed Can be Suspended Indefinitely

leaving office building

Federal agencies can indefinitely suspend an employee who they believe was involved in a crime, even before the person is found guilty – so long as they have been indicted by a grand jury.

Federal Circuit Reverses MSPB Order to Repay OPM Overpayment

case law update

After the Merit Systems Protection Board found that a retired federal employee failed to prove that the recovery of overpaid benefits from the Federal Employee Retirement System (“FERS”) would be against equity and good conscience, the Court of Appeals for the Federal Circuit reversed the MSPB’s decision, finding that the Administrative Judge’s analysis (which the full Board accepted) was not supported by substantial evidence, was erroneous, and that recovery of the overpayment was unconscionable given the “inexplicable” three-year delay by OPM to finalize the retiree’s benefits, and the additional four-year delay between the retiree’s request for reconsideration and OPM’s decision. 

MSPB Clarifies Lack of Candor Charges

case law update

A Veterans Affairs police officer was charged with lack of candor, among other charges and specifications, and although the Board sustained the employee’s removal, it reversed the charge of Lack of Candor, clarifying the law in the process.

Seventh Circuit: Board Theory of OSC Remedy Exhaustion Too Stringent

A Special Agent at the Department of Justice’s Bureau of Alcohol, Tobacco, and Firearms filed an Individual Right of Action appeal with the Merit Systems Protection Board, alleging that his supervisors retaliated against him after he disclosed his suspicion that another agent had improperly shot at a fleeing suspect, provided an inaccurate report of the shooting incident, and had committed perjury during the subsequent criminal trial.

Supreme Court to Decide Appellate Jurisdiction in Federal Employee “Mixed Case” Appeals

case law update

In the first case argued before Supreme Court Justice Neil Gorsuch, Justices appeared to disagree about how to handle “mixed cases,” alleging both adverse employment actions against federal civil service employees and prohibited discrimination, where the Merit Systems Protection Board concludes it lacks jurisdiction because the employee was not subject to an appealable action.

This Week on FEDtalk

Tax Season Special

It's that time of year again--tax season.  Tune in to FEDtalk this Friday at 11 am ET for a discussion on the most important things for federal employees and members of the public to know when filing their taxes.

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Hear it from FLEOA

FLEOA Files Law Suit Against OPM

 FLEOA files suit against OPM for reinterpretation of FERS statute .  Read the full statement below:

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