CFR Subpart A

CFR Subpart A
in effect

5 C.F.R. § 849.101 Applicability and purpose.

This part contains regulations of the Office of Personnel Management (OPM) to implement the provisions 5 U.S.C. 8345(e)-(f), 8345a, 8466(c)-(d), and 8466a regarding payment of an annuity to a representative payee. This part establishes the criteria OPM uses to determine if representative payments are appropriate, the information OPM uses to select a representative payee, the responsibilities of a representative payee, the accountability of a representative payee, the limitations on the appointment of a representative payee, and the definition of and penalty for misuse of benefits by the representative payee.

5 C.F.R. § 849.102 Definitions.

As used in this part: Agency means the Office of Personnel Management (OPM). CSRS means the Civil Service Retirement System as described in subchapter III of chapter 83 of title 5, United States Code. FERS means the Federal Employees' Retirement System as described in chapter 84 of title 5, United States Code. Misuse of benefits means the embezzlement or conversion of all or any part of the amount received by the representative payee for a use other than for the use and benefit of the minor or individual on whose behalf such payments were received. Physician and practitioner have the same meaning given these terms in § 339.104 of this chapter. Representative payee means a person, who is at least 18 years of age, or an organization designated to receive annuity payments on behalf of a minor or an individual mentally incompetent or under other legal disability.

5 C.F.R. § 849.103 Implementing directives.

The Director may prescribe, in the form he or she deems appropriate, such detailed procedures as are necessary to carry out the purpose of this part.

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