[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: 20CFR266.5]



[Page 526]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 266_REPRESENTATIVE PAYMENT--Table of Contents

 

Sec.  266.5  Order of preference in selecting a representative payee.



    As a guide in selecting a representative payee, categories of 

preferred payees have been established. These preferences are flexible. 

The primary concern of the Board is to select the payee who will best 

serve the annuitant's interest. The preferences are:

    (a) For annuitants 18 years old or older, the preference is:

    (1) A legal guardian, spouse, or other relative who has custody of 

the annuitant or who demonstrates strong concern for the personal 

welfare of the annuitant;

    (2) A friend who has custody of the annuitant or demonstrates strong 

concern for the personal welfare of the annuitant;

    (3) A public or nonprofit agency or institution having custody of 

the annuitant;

    (4) A private institution operated for profit and licensed under 

State law, which has custody of the annuitant; and

    (5) Persons other than those listed above 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.

    (b) For annuitants under age 18, the preference is:

    (1) A natural or adoptive parent who has custody of the annuitant, 

or a legal guardian;

    (2) A natural or adoptive parent who does not have custody of the 

annuitant, but is contributing toward the annuitant's support and is 

demonstrating strong concern for the annuitant's well-being;

    (3) A relative or stepparent who has custody of the annuitant;

    (4) A natural or adoptive parent who does not have custody of the 

annuitant and is not contributing toward his or her support but is 

demonstrating strong concern for the annuitant's well-being;

    (5) A relative who does not have custody of the annuitant but is 

contributing toward the annuitant's support and is demonstrating concern 

for the annuitant's well-being;

    (6) A relative or close friend who does not have custody of the 

annuitant but is demonstrating concern for the annuitant's well-being; 

and

    (7) An authorized social agency or custodial institution.