# 5 CFR § 849.303: Individuals who may not serve as a representative payee

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-5-849.303

## Section

- **Citation:** 5 CFR § 849.303
- **Heading:** Individuals who may not serve as 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

A representative payee applicant may not serve as a representative payee if he or she:
(a) Is under the age of 18, unless he or she is the custodial parent of the minor child applying for or receiving the annuity;
(b) Is found by a court to be incompetent or receives benefits under title II or title XVI of the Social Security Act through a representative payee or receives a retirement annuity pursuant to CSRS or FERS through a representative payee;
(c) Has previously served as a representative payee and has been found by a court of competent jurisdiction to have misused benefits;
(d) Has been convicted of a violation of:
(1) 5 U.S.C. 8345a or 8466a;
(2) Section 208 or 1632 of the Social Security Act (42 U.S.C. 408, 1383a); or
(3) 38 U.S.C 6101; or
(e) Has been convicted of an offense resulting in imprisonment for more than one year. The agency may make exception to the prohibition in this paragraph (e) if the nature of the conviction is such that selection of the applicant poses no risk to the annuitant and the exception is in the best interest of the 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)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-5-849.303. Check the current official text before relying on it. Not legal advice.