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The Whitfield Memo

The Whitfield Memo

A memo on the decisions that reach the federal workforce.

Written by Whitfield for federal employees, retirees and government contractors.

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What is settled, and what is not, if funding lapses on December 12

Bottom line

The government is funded through December 11, 2026, and Congress comes back next week to decide what follows [1, 2, 10]. Two things have changed since the stopgap passed: OMB and OPM have formally withdrawn the 2025 documents that let agencies run layoffs during a lapse [3], and the midterm results have reshaped the negotiation over the 2027 pay freeze [10, 11]. The back pay question for furloughed employees remains less settled than the statute suggests [5, 6].

Read memo No. 031: The December 11 Deadline: Back Pay, Shutdown RIF Rules and the 2027 Pay Freeze

Memo index, 2026

31 memos issued in 2026, newest first.
DateRe
What is settled, and what is not, if funding lapses on December 12No. 031
AFGE v. USDA, No. 26-cv-09976-VC (N.D. Cal.): USDA's Oct. 30 motion to stay the Oct. 13 order blocking office closures and relocations at eight components, pending appeal (9th Cir. No. 26-6855)No. 030
OPM final rule on strategic human capital management (FR Doc. 2026-22093), effective Nov. 30, 2026: 10 required annual survey questions, agency-run surveys, Strategic Hiring Committees and Annual Staffing Plans in 5 CFR part 250No. 029
HHS and NTEU, 74 FLRA No. 87 (Oct. 21, 2026): FLRA denies HHS exceptions to an award ordering the 2025 return-to-office directive rescinded and terminated telework and remote-work agreements reinstatedNo. 028
The 2027 cost-of-living adjustment for CSRS and FERS annuities (3.6 and 2.6 percent), proration for 2026 retirees, the FERS age-62 rule, and the figures still pendingNo. 027
AFGE v. OPM, No. 25cv1237 (S.D.N.Y.), October 20, 2026 opinion and order: summary judgment for plaintiffs on APA claims that OPM's grants of DOGE access violated the Privacy Act; remedy reservedNo. 026
OPM and OMB final rule (FR Doc. 2026-21316), effective November 18, 2026: a new 5 CFR part 430 subpart E for SL and ST appraisal, with authority for OPM to limit Level 4 and 5 ratingsNo. 025
FLRA final rules (FR Docs. 2026-21078 and 2026-21077), effective October 15, restoring the representation regulations and Regional Director delegation vacated in AFGE v. FLRA (D. Mass.)No. 024
OPM's FEHB Protection Act Portal (FR Doc. 2026-21380), the system for the statutory audit of covered family members; comments due December 18, 2026No. 023
OPM's final rule removing the time-in-grade restriction (FR Doc. 2026-21319), 5 CFR part 300 subpart F, effective January 19, 2027No. 022
OPM's final administrative leave rule (FR Doc. 2026-21320), covering deferred resignation, RIF notice periods and resignation withdrawals, effective November 18, 2026No. 021
OPM's September 2026 retirement processing figures: an 8,814-claim inventory, a 66-day average and the close of fiscal 2026No. 020
Labor's October 8 notice of the 2027 minimum wage under Executive Order 13658: $14.05 an hour, $9.85 tipped cash wage, effective January 6, 2027No. 019
OPM's September 30 guidance on time-to-hire under the Merit Hiring Plan: the 80-day standard, its milestones and the vetting steps inside itNo. 018
The EEOC's proposed rewrite of 29 CFR part 1614 (FR Doc. 2026-17641), whose comment period closed September 28No. 017
OPM's FY 2026 rating distribution caps and awards guidance (Sept. 21, 2026), the $25,000 awards delegation, and the pending union challenge to the rule behind themNo. 016
2027 FEHB, PSHB and FEDVIP rates (OPM, Sept. 30, 2026) and the family member documentation rule (FR Doc. 2026-11022) for the Nov. 9 to Dec. 14 open seasonNo. 015
Opinion and order in AFGE v. Kupor (D. Mass., Sept. 11, 2026) staying Question Three of the Merit Hiring Plan essay questionsNo. 014
GSA's fiscal 2027 CONUS per diem rates (FTR Bulletin 27-01; FR Doc. 2026-18439), for travel from October 1, 2026 through September 30, 2027No. 013
MSPB final rule (FR Doc. 2026-18061) ending mandatory Douglas factor review in chapter 75 appeals, effective October 5, 2026No. 012
OPM's final critical position pay rule (FR Doc. 2026-17442), effective August 26, 2026, and the 400 positions approved by the May 29 presidential memorandumNo. 011
OPM's final rule adding prescribed wildland fire to the hazard pay and environmental differential schedules (FR Doc. 2026-16687), effective September 14, 2026No. 010
GSA's midyear mileage rate increase (FTR Bulletin 26-03; FR Doc. 2026-16306), retroactive to travel on or after July 1, 2026No. 009
FMCS's interim final rule on arbitration panel requests (FR Doc. 2026-15798), effective August 4; comments due September 3No. 008
OPM's July retirement processing numbers, and the new eOPF Document Request Service for former employeesNo. 007
OPM's final rule on probationary and trial period appeals (FR Doc. 2026-15654), effective September 2No. 006
OPM's final RIF rule (FR Doc. 2026-15665) and RIF appeals rule (FR Doc. 2026-15666), effective September 2No. 005
Army Directive 2026-18 and expedited removals for unacceptable performanceNo. 004
OPM's July 24 bargaining guidance on the performance appraisal rule (5 CFR part 430, subpart B)No. 003
OPM's proposed rule carrying out the First Responder Fair RETIRE Act (FR Doc. 2026-14751)No. 002
OPM's final non-SES performance appraisal rule, effective August 6No. 001