# 5 CFR § 849.301: Information considered in selecting a representative payee

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-5-849.301

## Section

- **Citation:** 5 CFR § 849.301
- **Heading:** Information considered in selecting a 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 C—Selection of 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 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-5-849.301. Check the current official text before relying on it. Not legal advice.