[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: 20CFR266.7]



[Page 526-527]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 266_REPRESENTATIVE PAYMENT--Table of Contents

 

Sec.  266.7  Accountability of a representative payee.



    (a) A representative payee is accountable for the use of benefits. 

The Board will require periodic written reports from representative 

payees. The Board may also, at the Board's option, verify how a 

representative payee used benefit payments. A representative payee must 

keep records of what was done with all benefit payments in order to make 

accounting reports. The Board may ask the following questions:

    (1) The amount of benefit payments on hand at the beginning of the 

accounting period;

    (2) How the benefit payments were used;

    (3) How much of the benefit payments were saved and how the savings 

were invested;

    (4) Where the annuitant lived during the accounting period;

    (5) The amount of the annuitant's income from other sources during 

the accounting period. The Board may ask for information about other 

funds to enable the Board to evaluate the use of benefit payments; and

    (6) Whether the representative payee has been convicted of a felony 

or misdemeanor offense under the statutes administered by the Board or 

by the Social Security Administration within the past 15 years or 

whether any such charges are pending.

    (b) An individual to whom payments are certified as representative 

payee on behalf of an annuitant shall submit a



[[Page 527]]



written report in such form and at such times as the Board may require, 

accounting for the payments certified to him or her on behalf of the 

annuitant. If, however, such payee is a court-appointed fiduciary and, 

as such, is required to make an annual accounting to the court, a true 

copy of each such account filed with the court may be submitted in lieu 

of the accounting form prescribed by the Board. If any representative 

payee fails to submit the required accounting within a reasonable period 

of time after it is requested, no further payments shall be made to him 

or her on behalf of the annuitant unless for good cause shown, the 

default of the representative payee is excused by the Board, and the 

required accounting is thereafter submitted.

    (c) At any time after the Board has selected a representative payee, 

the Board may ask such payee to submit information showing a continuing 

relationship to the annuitant and a continuing responsibility for the 

care of the annuitant. If the representative payee does not give the 

Board the requested information within a reasonable period of time, the 

Board may stop paying such payee unless the Board determines that the 

payee had a good reason for not complying with the Board's request, and 

the Board receives the information requested.



(Approved by the Office of Management and Budget under control numbers 

3220-0052 and 3220-0151)

    (d) Where, pursuant to paragraph (b) or (c) of this section, the 

Board suspends payments, such suspension shall not exceed a period of 30 

days; thereafter, the payments will be made to the annuitant except 

where the annuitant is an unemancipated minor under age 18 or where in 

the Board's judgment the interests of the annuitant would not be served 

by releasing payment to the annuitant.