# 5 C.F.R. § 849.302 (2026): Order of preference in selecting a representative payee

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T5_P849_S849_302

## Section

- **Citation:** 5 C.F.R. § 849.302 (2026)
- **Heading:** Order of preference 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 / § 849.302: § 849.302   Order of preference in selecting a representative payee.

## Text

As a guide in selecting a representative payee, categories of preferred payees are set out in paragraphs (a) through (e) of this section. The primary concern of the agency is to select the payee who will best serve the annuitant's interest. The preferences, in descending order of importance, are:
(a) A legal conservator, guardian, spouse, or other relative who has custody or guardianship of the annuitant or who demonstrates strong concern for the personal welfare of the annuitant;
(b) A friend or neighbor who has custody or guardianship of the annuitant or demonstrates strong concern for the personal welfare of the annuitant;
(c) A public or nonprofit agency or institution having custody or guardianship of the annuitant;
(d) A private institution operated for profit and licensed under State law, which has custody or guardianship of the annuitant; and
(e) Persons other than those listed in paragraphs (a) through (d) of this section 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.

## 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_302. Check the current official text before relying on it. Not legal advice.