“The Federal Employees Pay Act (FEPA) contains a provision giving the Office of Personnel Management (OPM) authority to ‘prescribe regulations . . . necessary for the administration of this subchapter.’ 5 U.S.C. § 5548(a). The en banc Federal Circuit, splitting 7-4, held that this provision required it to adopt OPM’s definitions of terms in the FEPA, even where those definitions were contrary to the longstanding judicial construction of the statute.”
“The question presented is: Under this Court’s decision in Loper Bright, does the general rulemaking provision in 5 U.S.C. § 5548(a) delegate authority to OPM to authoritatively interpret FEPA, such that courts must adopt OPM’s definitions?”
