[Code of Federal Regulations]
[Title 20, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR266.4]

[Page 527-528]
 
                      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;

[[Page 528]]

    (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.