---
kind: "section"
citation: "5 C.F.R. § 849.302"
title: "5"
number: "849.302"
heading: "Order of preference in selecting a representative payee."
url: "https://uscodex.org/cfr/5/849.302"
---

# §849.302. Order of preference in selecting a representative payee.


As a guide in selecting a representative payee, categories of preferred payees are set out in [paragraphs (a) through (e)](#a..e) of this section. The primary concern of the agency is to select the payee who will best serve the annuitant's interest. The preferences, in descending order of importance, are:

- (a) A legal conservator, guardian, spouse, or other relative who has custody or guardianship of the annuitant or who demonstrates strong concern for the personal welfare of the annuitant;
- (b) A friend or neighbor who has custody or guardianship of the annuitant or demonstrates strong concern for the personal welfare of the annuitant;
- (c) A public or nonprofit agency or institution having custody or guardianship of the annuitant;
- (d) A private institution operated for profit and licensed under State law, which has custody or guardianship of the annuitant; and
- (e) Persons other than those listed in [paragraphs (a) through (d)](#a..d) of this section who are qualified to carry out the responsibilities of a representative payee and who are able and willing to serve as a payee for an annuitant; e.g., members of community groups or organizations who volunteer to serve as representative payee for an annuitant.

## Notes

### Authority

Authority: 5 U.S.C. 8331; 5 U.S.C. 8345(e)-(f); 5 U.S.C. 8345a; 5 U.S.C. 8401; 5 U.S.C. 8461; 5 U.S.C. 8466(c)-(d); 5 U.S.C. 8466a.

### Source

Source: 86 FR 57012, Oct. 14, 2021, unless otherwise noted.