# 5 C.F.R. § 849.301 (2026): Information considered in selecting a representative payee

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T5_P849_S849_301

## Section

- **Citation:** 5 C.F.R. § 849.301 (2026)
- **Heading:** Information considered in selecting a representative payee
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 5 CFR: Administrative Personnel / Chapter I: OFFICE OF PERSONNEL MANAGEMENT / Part 849: REPRESENTATIVE PAYEES / Subpart C: Selection of a Representative Payee / § 849.301: § 849.301   Information considered in selecting a representative payee.

## Text

The goal in selecting a payee is to select the person, organization, or institution that will best serve the interest of the annuitant. In making the selection, the agency considers—
(a) The age of the representative payee applicant. An individual must be over the age of 18 to serve as a representative payee, except as listed in § 849.303(a);
(b) The relationship of the person, organization, or institution to the annuitant;
(c) Legal authority, in the form of conservatorship or guardianship, that the person, organization, or institution has to act on behalf of the annuitant;
(d) The amount of concern that the person or organization shows in the annuitant;
(e) Whether the potential payee has custody of the annuitant;
(f) Whether the potential payee is in a position to know of and look after the needs of the annuitant;
(g) Whether the representative payee applicant is currently serving, or has previously served, as a representative payee for other annuitants; and
(h) The potential representative payee's criminal history.

## Nearby sections

- [5 C.F.R. § 849.301 (2026) § 849.301   Information considered in selecting a representative payee.](https://www.frixlaw.com/law-library/statutes/CFR_T5_P849_S849_301.md)
- [5 C.F.R. § 849.302 (2026) § 849.302   Order of preference in selecting a representative payee.](https://www.frixlaw.com/law-library/statutes/CFR_T5_P849_S849_302.md)
- [5 C.F.R. § 849.303 (2026) § 849.303   Individuals who may not serve as a representative payee.](https://www.frixlaw.com/law-library/statutes/CFR_T5_P849_S849_303.md)
- [5 C.F.R. § 849.304 (2026) § 849.304   Selecting a representative payee.](https://www.frixlaw.com/law-library/statutes/CFR_T5_P849_S849_304.md)
- [5 C.F.R. § 849.305 (2026) § 849.305   Notice of the determination to select a representative payee.](https://www.frixlaw.com/law-library/statutes/CFR_T5_P849_S849_305.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T5_P849_S849_301. Check the current official text before relying on it. Not legal advice.