# 5 CFR § 849.302: Order of preference in selecting a representative payee

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-5-849.302

## Section

- **Citation:** 5 CFR § 849.302
- **Heading:** Order of preference 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

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 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-5-849.302. Check the current official text before relying on it. Not legal advice.