News from the Supreme Court: On June 26, 2013, the Supreme Court issued its decision in United States v. Windsor, Case No. 12-307. The Court struck down Section 3 of the federal Defense of Marriage Act (DOMA), which had set the default definition of "marriage" for purposes of federal law as excluding same-sex marriages. The Court's decision has several important ramifications for federal-sector employees and retired federal-sector annuitants.
Developments at OPM: The Office of Personnel Management (OPM) published a Proposed Rule in the June 5, 2013 edition of the Federal Register (78 Fed.Reg. 33,912-33,939). The Proposed Rule contains OPM's proposed regulations for implementing the FERS phased retirement created by Section 100121 of Pub.L. 112-141, as previously analyzed in this blog. Comments on this Proposed Rule must be received by OPM by August 5, 2013.
News from the Supreme Court: As part of a set of orders, the Supreme Court on May 28, 2013, issued a order denying United Airlines' request for the Supreme Court to hear its appeal of the September 7, 2012, decision of the U.S. Court of Appeals for the 7th Circuit in EEOC v. United Airlines, Case No. 11-1774. The Supreme Court's order lets stand the 7th Circuit's decision affirming the right of employees to seek reassignment to vacant positions as a form of reasonable accommodation for their disabilities when accommodation in the original position is not possible.
Developments at the MSPB: On May 30, 2013, the Merit Systems Protection Board issued its precedential decision in Mills v. U.S. Postal Service, 2013 MSPB 40. Reversing its recent course, the unanimous Board decided to incorporate the Supreme Court's decision in Kloeckner v. Solis into its standard boilerplate appeals notice, in order to direct appellant in mixed cases to appeal to U.S. District Court rather than the Court of Appeals for the Federal Circuit.