[Code of Federal Regulations]

[Title 20, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 20CFR266.4]



[Page 525]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 266_REPRESENTATIVE PAYMENT--Table of Contents

 

Sec.  266.4  Information considered in selecting a representative payee.



    In selecting a representative payee, the Board tries to select the 

person, agency, organization or institution that will best serve the 

interest of the annuitant. In making this selection, the Board may 

consider such factors as the following:

    (a) The relationship of the person to the annuitant, including the 

type of relationship, e.g., family or legal guardianship; degree of 

relationship, if the person is a family member; and the length of 

association, if a non-family member;

    (b) The amount of interest that the person shows in the annuitant, 

including the contributions the person makes to the welfare of the 

annuitant and the contacts and frequency of such contacts with the 

annuitant;

    (c) Any legal authority the person, agency, organization or 

institution has to act on behalf of the annuitant;

    (d) Whether the potential payee has custody of the annuitant;

    (e) Whether the potential payee is in a position to know of and look 

after the needs of the annuitant;

    (f) Verification of the social security account number, name, 

address, telephone number, place of employment, and main source of 

income if applicable, accepted as part of any person's application for 

designation as a representative payee, unless such person's 

identification has already been established to the satisfaction of the 

Board;

    (g) Whether an applicant for designation as a representative payee 

has ever been convicted of a felony or misdemeanor under the statutes 

administered by the Board or the Social Security Act, or convicted of a 

felony under any other Federal or State law; and

    (h) Whether the services of such person as representative payee have 

previously been terminated, suspended, or declined by the Board or the 

Social Security Administration for:

    (1) Misuse of the benefits of the annuitant for whom they were 

intended;

    (2) Failure to comply with any provision of or regulation under the 

Railroad Retirement Act or the Social Security Act; or

    (3) Failure to meet the requirements of this part.

    (i) Whether the potential payee is a creditor of the annuitant. A 

creditor who provides goods and services to the annuitant ordinarily may 

not serve as a representative payee unless such appointment poses no 

substantial conflict of interest and unless the creditor is:

    (1) A relative who resides with the annuitant;

    (2) A legal guardian or legal representative of the annuitant; or

    (3) A licensed or certified care facility (or owner, administrator 

or employee thereof) where there annuitant resides.



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