[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR772.102]

[Page 66-67]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 772_INTERIM RELIEF--Table of Contents
 
                            Subpart A_General
 
Sec. 772.102  Interim personnel actions.

    When an employee or applicant for employment appeals an action to 
MSPB and the appeal results in an initial decision by an MSPB 
administrative judge granting interim relief under 5 U.S.C. 
7701(b)(2)(A) and a petition for review of the initial decision is filed 
(or will be filed) with the full Board under 5 U.S.C. 7701(e)(1)(A), the 
agency shall provide the relief ordered in the initial decision by 
taking an interim personnel action subject to the following terms:
    (a) Interim personnel actions shall be made effective upon the date 
of issuance of the initial decision and must be initiated on or before 
the date of a petition for review by the agency or within a reasonable 
period after the date it becomes aware of a petition for review by the 
appellant;
    (b) The relief provided by interim personnel actions shall end:
    (1) When the full Board issues a final decision on a petition for 
review filed by an applicant for employment, employee, and/or agency 
under 5 U.S.C. 7701(e)(1)(A),
    (2) When the initial decision becomes final pursuant to an action of 
the full Board or pursuant to a decision by an applicant for employment, 
employee, and/or agency to withdraw (or change intentions to file) any 
petition for review filed under 5 U.S.C. 7701(e)(1)(A), or
    (3) When the applicant for employment or employee requests or 
reaches

[[Page 67]]

agreement with the agency that the interim relief ordered in the initial 
decision be cancelled;
    (c) Interim relief shall entitle the applicant for employment or 
employee to the same compensation and benefits he or she would receive 
if the relief effected had not been on an interim basis except as 
provided in paragraph (f) of this section;
    (d) An interim personnel action shall not be taken if the MSPB 
administrative judge, pursuant to 5 U.S.C. 7701(b)(2)(A)(i), determines 
that granting interim relief is not appropriate;
    (e) An interim personnel action under this part shall not entitle 
the applicant for employment or employee to an award of back pay or 
attorney fees.

[57 FR 3712, Jan. 31, 1992, as amended at 59 FR 36353, July 18, 1994; 59 
FR 65704, Dec. 21, 1994]