[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: 5CFR841.309]

[Page 261]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 841_FEDERAL EMPLOYEES RETIREMENT SYSTEM_GENERAL ADMINISTRATION
--Table of Contents
 
                       Subpart C_Claims Processing
 
Sec. 841.309  Competing claimants.

    (a) Competing claimants are applicants for survivor benefits based 
on the service of an employee, separated employee, or retiree when--
    (1) A benefit is payable based on the service of the employee, 
separated employee, or retiree; and
    (2) Two or more claimants have applied for benefits based on the 
service of the employee, separated employee, or retiree; and
    (3) An OPM decision in favor of one claimant will adversely affect 
another claimant(s).
    (b) In cases involving competing claimants, the Associate Director 
or his or her designee will issue a final decision that will be in 
writing, will fully set forth findings and conclusions, and will contain 
notice of the right to appeal provided in Sec. 841.308. Copies of the 
final decision will be sent to all competing claimants.
    (c)(1) When OPM receives applications from competing claimants 
before any payments are made based on the service of the employee or 
Member, OPM will begin payments to the claimant(s) found entitled in the 
decision issued under paragraph (b) of this section.
    (2) When OPM does not receive an application from a competing 
claimant(s) until after another person has begun to receive payments 
based on the service of the employee or Member, the payments will 
continue until a decision is issued under paragraph (b) of this section. 
When a decision is issued under paragraph (b) of this section, OPM 
will--
    (i) If OPM affirms its earlier decision, continue payments to the 
claimant(s) OPM originally determined to be entitled; or
    (ii) If OPM reverses its earlier decision, suspend payment to the 
claimant(s) OPM originally determined to be entitled and immediately 
begin payment to the claimant(s) OPM determines to be entitled in its 
decision under paragraph (b) of this section. OPM will not take action 
to collect the overpayment until the time limit for filing an appeal has 
expired or the MSPB has issued a final decision on a timely appeal, 
whichever comes later.