[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: 20CFR266.5]

[Page 528]
 
                      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.