# 5 CFR § 849.202: Payment of annuity while finding a suitable representative payee

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-5-849.202

## Section

- **Citation:** 5 CFR § 849.202
- **Heading:** Payment of annuity while finding a suitable representative payee
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 5—Administrative Personnel > CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT > SUBCHAPTER B—CIVIL SERVICE REGULATIONS > PART 849—REPRESENTATIVE PAYEES > Subpart B—Determining Whether or Not Representative Payment is Appropriate

## Text

(a) Annuity payments will be made directly to the annuitant or survivor annuitant while a suitable representative payee is located, unless the agency determines that direct payment would cause substantial harm to the individual.
(b) Substantial harm exists if both of the following conditions exist:
(1) Direct payment of benefits can be expected to cause serious physical or mental injury to the individual; and
(2) The potential effect of the injury outweighs the effect of having no income to meet the basic needs of the individual.
(c) If the agency determines that direct payment of benefits would cause substantial harm to the annuitant, annuity payments may be deferred (in the case of initial entitlement to benefits) or suspended (in the case of existing entitlement to benefits) until such time as a representative payee is appointed.
(d) Annuity payments will commence or resume as soon as practicable and will include all retroactive payments due to be paid.

## Nearby sections

- [5 CFR § 849.101 § 849.101 Applicability and purpose.](https://www.frixlaw.com/law-library/statutes/ecfr-5-849.101.md)
- [5 CFR § 849.102 § 849.102 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-5-849.102.md)
- [5 CFR § 849.103 § 849.103 Implementing directives.](https://www.frixlaw.com/law-library/statutes/ecfr-5-849.103.md)
- [5 CFR § 849.201 § 849.201 When to make payment to a representative payee.](https://www.frixlaw.com/law-library/statutes/ecfr-5-849.201.md)
- [5 CFR § 849.202 § 849.202 Payment of annuity while finding a suitable representative payee.](https://www.frixlaw.com/law-library/statutes/ecfr-5-849.202.md)
- [5 CFR § 849.203 § 849.203 Information considered in determining whether to appoint a representative payee.](https://www.frixlaw.com/law-library/statutes/ecfr-5-849.203.md)
- [5 CFR § 849.301 § 849.301 Information considered in selecting a representative payee.](https://www.frixlaw.com/law-library/statutes/ecfr-5-849.301.md)
- [5 CFR § 849.302 § 849.302 Order of preference in selecting a representative payee.](https://www.frixlaw.com/law-library/statutes/ecfr-5-849.302.md)
- [5 CFR § 849.303 § 849.303 Individuals who may not serve as a representative payee.](https://www.frixlaw.com/law-library/statutes/ecfr-5-849.303.md)
- [5 CFR § 849.304 § 849.304 Selecting a representative payee.](https://www.frixlaw.com/law-library/statutes/ecfr-5-849.304.md)
- [5 CFR § 849.305 § 849.305 Notice of the determination to select a representative payee.](https://www.frixlaw.com/law-library/statutes/ecfr-5-849.305.md)
- [5 CFR § 849.401 § 849.401 Responsibilities of a representative payee.](https://www.frixlaw.com/law-library/statutes/ecfr-5-849.401.md)
- [5 CFR § 849.402 § 849.402 Use of payments.](https://www.frixlaw.com/law-library/statutes/ecfr-5-849.402.md)
- [5 CFR § 849.403 § 849.403 Accountability of a representative payee.](https://www.frixlaw.com/law-library/statutes/ecfr-5-849.403.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-5-849.202. Check the current official text before relying on it. Not legal advice.