[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
[Rules and Regulations]
[Pages 57011-57015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22282]



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 Rules and Regulations
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  Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / 
Rules and Regulations  

[[Page 57011]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 849

RIN 3206-AO08


Representative Payees Under the Civil Service Retirement System 
and Federal Employees' Retirement System

AGENCY: Office of Personnel Management.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Office of Personnel Management (OPM) is issuing this final 
rule to promulgate regulations which administer the representative 
payee program authorized by statute. This final rule is necessary to 
ensure proper procedures for annuity payments due minors or individuals 
who are mentally incompetent or under other legal disability and are 
unable to manage their respective payments.

DATES: This rule is effective October 14, 2021.

FOR FURTHER INFORMATION CONTACT: Michael Shipley, (202) 606-0299. 
Email: [email protected]. Include the RIN in the subject line of 
the email.

SUPPLEMENTARY INFORMATION: On March 8, 2021, OPM issued a proposed rule 
at 86 FR 13217 for the purpose of promulgating regulations to 
administer the representative payee program under the Civil Service 
Retirement System (CSRS) and the Federal Employees' Retirement System 
(FERS). Under CSRS, the provisions of Public Law 89-554, Sept. 6, 1966, 
80 Stat. 582 authorized the United States Civil Service Commission, 
precursor to the United States Office of Personnel Management (OPM), to 
make payments due a minor or an individual mentally incompetent, or 
under other legal disability, to a person who is constituted guardian 
or other fiduciary by the law of the State of residence of the claimant 
or any person, who in the judgment of the Commission, is responsible 
for the care of the claimant. Similarly, the FERS Act of 1986, Public 
Law 99-335, Title I, section 101(a), June 6, 1986, 100 Stat. 575, 
authorized OPM to make the same payments under FERS. According to these 
statutes, OPM has historically authorized these payments to 
individuals, and in some instances, organizations on behalf of the 
annuitant as representative payees.
    On March 18, 2020, Congress enacted Public Law 116-126, 134 Stat. 
174-177 (2020), the Representative Payee Fraud Prevention Act of 2019 
(the Act), which made numerous changes to existing statutes regarding 
representative payees. First the Act officially defined the term 
representative payee under both CSRS and FERS as the ``person 
(including an organization) designated . . . to receive payment on 
behalf of a minor or an individual mentally incompetent or under other 
legal disability'' at 5 U.S.C. 8331(33) and 5 U.S.C. 8401(39), 
respectively. Ensuring that organization was added to the definition 
recognizes that other entities, such as agencies, institutions, nursing 
homes, et al., may serve as representative payees.
    Congress also enacted 5 U.S.C. 8345a and 8466a to address the 
embezzlement or conversion of payments. Congress made it unlawful for a 
representative payee to use the funds received as a representative 
payee for any use other than the use and benefit of the individual on 
whose behalf the payments were received. OPM was given the authority to 
revoke certification as a representative payee, if we determine that a 
representative payee has embezzled or converted the annuity payments, 
and to certify payments to another representative payee or directly to 
the annuitant. Congress set forth the penalty for misuse of benefits by 
a representative payee, under title 18 U.S.C., as a fine, imprisonment 
for not more than 5 years, or both.
    Furthermore, in selecting a representative payee, OPM was granted 
authority to defer or suspend the annuity payment until a 
representative payee is located, if we determine that paying the 
annuitant directly would cause substantial harm to the annuitant. 
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.

We have included this language concerning substantial harm to the 
proposed regulations.
    Finally, the Act created limitations on who can be appointed as a 
representative payee. Individuals that have 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) section 6101 of 
title 38, are barred from serving as a representative payee.
    OPM is promulgating these regulations to fully implement and 
administer the representative payee program for CSRS and FERS. The 
regulations are required to prevent misuse and fraud by representative 
payees.
    The public comment period on the proposed rule ended May 7, 2021. 
OPM received four substantive comments. Three of the comments voiced 
general support for the proposed rule in protecting vulnerable 
individuals from potential misuse by the representative payee. OPM 
received one comment from the American Association of Nurse 
Practitioners (AANP). The AANP suggested amending the language in 5 CFR 
849.203 from ``medical professional'' to ``licensed health 
practitioner.'' In addition, the AANP suggested amending 5 CFR 849.602 
to include the language ``or other licensed health practitioner's'' 
when identifying statements that are acceptable to stop representative 
payments. The AANP reasoned that the term licensed health practitioner 
is already defined under 5 CFR 339.104, and that these changes more 
closely align with other regulations at 5 CFR 831.1202 and 844.102 that 
OPM uses to administer annuity benefits under CSRS and FERS. OPM agrees 
and has adopted the AANP's recommendations by amending 5 CFR 849.203 
and 849.602, to include ``licensed health practitioner'' as 
appropriate. OPM has also amended 5 CFR 849.102 to include the 
definition for physicians and practitioners.

[[Page 57012]]

Regulatory Impact Analysis

    OPM has examined the impact of this proposed rule as required by 
Executive Order 12866 and Executive Order 13563, which directs agencies 
to assess all costs and benefits of available regulatory alternatives 
and, if regulation is necessary, to select regulatory approaches that 
maximize net benefits (including potential economic, environmental, 
public, health, and safety effects, distributive impacts, and equity). 
A regulatory impact analysis must be prepared for major rules with 
economically significant effects of $100 million or more in any one 
year. This rule is not a ``significant regulatory action,'' under 
Executive Order 12866 and was not reviewed by the Office of Management 
and Budget (OMB).

Regulatory Flexibility Act

    The Office of Personnel Management certifies that this rule will 
not have a significant economic impact on a substantial number of small 
entities.

Federalism

    We have examined this rule in accordance with Executive Order 
13132, Federalism, and have determined that this rule will not have any 
negative impact on the rights, roles and responsibilities of State, 
local, or tribal governments.

Civil Justice Reform

    This regulation meets the applicable standard set forth in 
Executive Order 12988.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by state, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any year and it will not significantly or uniquely 
affect small governments. Therefore, no actions were deemed necessary 
under the provisions of the Unfunded Mandates Reform Act of 1995.

Congressional Review Act

    The Congressional Review Act (5 U.S.C. 801 et seq.) requires rules 
(as defined in 5 U.S.C. 804) to be submitted to Congress before taking 
effect. OPM will submit to Congress and the Comptroller General of the 
United States a report regarding the issuance of this action before its 
effective date, as required by 5 U.S.C. 801. This is not a ``major 
rule'' as defined by the Congressional Review Act (5 U.S.C. 804(2)).

Paperwork Reduction Act

    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall any person be subject to a penalty for failure 
to comply with a collection of information subject to the requirements 
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), 
unless that collection of information displays a currently valid OMB 
Control Number. Two currently approved collections are associated with 
this rulemaking.
     3206-0140 Representative Payee Application/Information 
Necessary for a Competency Determination which is comprised of 2 
forms--an application form and a separate form for a competency 
determination. OPM is requesting, for OMB has approval, a change to the 
competency determination form to add ``other licensed health 
practitioner'' when identifying the medical information required for 
the competency determination. An Emergency request will be published 
shortly after this rule.
     3206-0208--Representative Payee Survey This information 
collection will not be impacted due to the changes in this rule.
    The systems of record notice for both collections is: https://www.opm.gov/information-management/privacy-policy/sorn/opm-sorn-central-1-civil-service-retirement-and-insurance-records.pdf.

List of Subjects in 5 CFR Part 849

    Claims, Disability benefits, Fraud, Pensions, Retirement.

Office of Personnel Management.
Alexys Stanley,
Regulatory Affairs Analyst.

0
For the reasons stated in the preamble, the Office of Personnel 
Management adds 5 CFR part 849 to read as follows:

PART 849--REPRESENTATIVE PAYEES

Subpart A--General Provisions
Sec.
849.101 Applicability and purpose.
849.102 Definitions.
849.103 Implementing directives.
Subpart B--Determining Whether or Not Representative Payment Is 
Appropriate
849.201 When to make payment to a representative payee.
849.202 Payment of annuity while finding a suitable representative 
payee.
849.203 Information considered in determining whether to appoint a 
representative payee.
Subpart C--Selection of a Representative Payee
849.301 Information considered in selecting a representative payee.
849.302 Order of preference in selecting a representative payee.
849.303 Individuals who may not serve as a representative payee.
849.304 Selecting a representative payee.
849.305 Notice of determination to select a representative payee.
Subpart D--Responsibility and Accountability of a Representative Payee
849.401 Responsibilities of a representative payee.
849.402 Use of payments.
849.403 Accountability of a representative payee.
Subpart E--Misuse of Annuity by a Representative Payee
849.501 Misuse of benefits by a representative payee.
849.502 Liability for misused funds.
Subpart F--Changes to the Representative Payee
849.601 When a new representative payee will be selected.
849.602 When representative payments will be stopped.
849.603 Transfer of conserved or accumulated funds.

    Authority: 5 U.S.C. 8331; 5 U.S.C. 8345(e)-(f); 5 U.S.C. 8345a; 
5 U.S.C. 8401; 5 U.S.C. 8461; 5 U.S.C. 8466(c)-(d); 5 U.S.C. 8466a.

Subpart A--General Provisions


Sec.  849.101  Applicability and purpose.

    This part contains regulations of the Office of Personnel 
Management (OPM) to implement the provisions 5 U.S.C. 8345(e)-(f), 
8345a, 8466(c)-(d), and 8466a regarding payment of an annuity to a 
representative payee. This part establishes the criteria OPM uses to 
determine if representative payments are appropriate, the information 
OPM uses to select a representative payee, the responsibilities of a 
representative payee, the accountability of a representative payee, the 
limitations on the appointment of a representative payee, and the 
definition of and penalty for misuse of benefits by the representative 
payee.


Sec.  849.102  Definitions.

    As used in this part:
    Agency means the Office of Personnel Management (OPM).
    CSRS means the Civil Service Retirement System as described in 
subchapter III of chapter 83 of title 5, United States Code.
    FERS means the Federal Employees' Retirement System as described in 
chapter 84 of title 5, United States Code.
    Misuse of benefits means the embezzlement or conversion of all or 
any part of the amount received by the

[[Page 57013]]

representative payee for a use other than for the use and benefit of 
the minor or individual on whose behalf such payments were received.
    Physician and practitioner have the same meaning given these terms 
in Sec.  339.104 of this chapter.
    Representative payee means a person, who is at least 18 years of 
age, or an organization designated to receive annuity payments on 
behalf of a minor or an individual mentally incompetent or under other 
legal disability.


Sec.  849.103  Implementing directives.

    The Director may prescribe, in the form he or she deems 
appropriate, such detailed procedures as are necessary to carry out the 
purpose of this part.

Subpart B--Determining Whether or Not Representative Payment is 
Appropriate


Sec.  849.201  When to make payment to a representative payee.

    The agency will make payment to a representative payee--
    (a) If payments are due to a minor under the age of 18; or
    (b) If payments are due to an annuitant or survivor who is mentally 
incompetent or under other legal disability; or
    (c) If payments are due to an annuitant when the annuitant is 
physically or mentally incapable of managing or directing the 
management of his or her benefit.


Sec.  849.202  Payment of annuity while finding a suitable 
representative payee.

    (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.


Sec.  849.203  Information considered in determining whether to appoint 
a representative payee.

    In determining whether to appoint a representative payee, the 
agency will consider the following information:
    (a) Evidence of legal guardianship or other court determinations. 
Evidence of the appointment of a legal guardian or other person legally 
vested with the care of the individual or estate of an incompetent or a 
minor shall be a certified copy of the court's determination.
    (b) Medical evidence. The agency will use medical evidence to help 
determine whether an annuitant is capable of managing or directing the 
management of benefit payments. For example, a statement by a physician 
or other licensed health practitioner, based upon his or her recent 
examination of the annuitant and his or her knowledge of the 
annuitant's present condition, will be used in the agency's 
determination, if it includes information concerning the nature of the 
annuitant's illness or disability, the annuitant's chances for 
recovery, and the opinion of the physician or other licensed health 
practitioner as to whether the annuitant is able to manage or direct 
the management of benefit payments.
    (c) Other evidence. The agency may also require statements of 
relatives, friends, or other people in a position to know and observe 
the annuitant, which contain information helpful to the agency in 
deciding whether the annuitant is able to manage or direct the 
management of benefit payments.

Subpart C--Selection of a Representative Payee


Sec.  849.301  Information considered in selecting a representative 
payee.

    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 Sec.  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.


Sec.  849.302  Order of preference in selecting a representative payee.

    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.


Sec.  849.303  Individuals who may not serve as a representative payee.

    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

[[Page 57014]]

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.


Sec.  849.304  Selecting a representative payee.

    Before selecting an individual or organization to serve as a 
representative payee, the agency will conduct an investigation. The 
investigation will:
    (a) Require the applicant to submit documented proof of identity.
    (b) Verify the applicant's social security number.
    (c) Conduct a background check on the applicant to determine if the 
applicant has been convicted of any crimes as defined in Sec.  
849.303(d) or (e).
    (d) Determine if the applicant has previously served as a 
representative payee and if any previous appointments as representative 
payee were revoked or terminated due to misuse.


Sec.  849.305  Notice of the determination to select a representative 
payee.

    (a) If the agency determines that the annuitant requires a 
representative payee due to mental incompetence or other legal 
disability or is physically or mentally unable to manage or direct the 
management of his or her annuity payments, the agency will issue a 
written decision to the annuitant. The decision will include a 
statement of the findings and determinations; specifically, the 
individual or organization named as the representative payee, and an 
explanation of the right to appeal the decision under Sec. Sec.  
831.110 and 841.307 of this chapter. If the annuitant appeals the 
decision, the agency will continue to make direct payments to the 
annuitant until the due process rights have been exhausted.
    (b) A decision by the agency to not select an individual or 
organization as a representative payee is not subject to the due 
process procedures described in 5 U.S.C. 8347(d) and 8461(e).

Subpart D--Responsibility and Accountability of a Representative 
Payee


Sec.  849.401  Responsibilities of a representative payee.

    (a) A representative payee shall, subject to review by the agency 
and subject to such requirements as it may periodically prescribe, 
apply the payments made on behalf of the annuitant only for the use and 
benefit of such annuitant, and in a manner or purpose that is in the 
best interest of the annuitant.
    (b) A representative payee shall notify the agency of any event 
that will affect the amount of benefits the annuitant receives or the 
right of the annuitant to receive benefits.
    (c) A representative payee shall notify the agency of any change in 
circumstances that would affect performance of the payee's 
responsibilities.
    (d) A representative payee shall keep the annuity paid to him or 
her on behalf of the annuitant separate from his or her own money in an 
account that shows that the annuitant is still the owner of the funds. 
The applicant must show proof of this account when applying to be the 
representative payee and use this account for direct deposit. 
Exceptions to this paragraph (d) are joint accounts for spouses, when 
one spouse applies to be representative payee for the other spouse and 
they already have an existing joint account.
    (e) Any interest earned on the annuity will be the annuitant's 
property.
    (f) A representative payee shall respond to requests, regarding the 
use of annuity payments, from OPM within a specified period of time.


Sec.  849.402  Use of payments.

    (a) Current maintenance. Payments certified to a representative 
payee on behalf of an annuitant shall be considered as having been 
applied for the use and benefit of the annuitant when they are used for 
the annuitant's current maintenance. Current maintenance includes costs 
incurred in obtaining food, shelter, clothing, medical care, and 
personal comfort items.
    (b) Institutional care. If an annuitant is receiving care in a 
Federal, state, or private institution because of mental or physical 
incapacity, current maintenance includes the customary charges made by 
the institution in providing care and maintenance, as well as 
expenditures for those items which will aid in the annuitant's recovery 
or release from the institution or expenses for personal needs which 
will improve the annuitant's conditions while in the institution.
    (c) Support of legal dependents. If the current maintenance needs 
of the annuitant are met, the representative payee may use part of the 
payments for the support of the annuitant's legally dependent spouse, 
child, and/or parent.
    (d) Claims of creditors. A representative payee may satisfy debts 
to creditors out of present benefit payments only if the current and 
reasonably foreseeable needs of the annuitant are met.
    (e) Conservation and investment. After the representative payee has 
used the annuity payments consistent with the rules in paragraphs (a) 
through (d) of this section, any remaining annuity shall be conserved 
or invested on behalf of the annuitant. Any investment must show 
clearly that the representative payee holds the property in trust for 
the annuitant.


Sec.  849.403  Accountability of a representative payee.

    (a) An individual, or institution, to whom payments are made as 
representative payee on behalf of an annuitant is accountable for the 
use of the payments and shall submit a written report in such form and 
at such times as the agency may require, accounting for the payments 
certified to him or her on behalf of the annuitant.
    (b) If, however, such payee is a court-appointed fiduciary and, as 
such, is required to make an annual accounting to the court, a true 
copy of each such account filed with the court may be submitted in lieu 
of the accounting form prescribed by the agency.
    (c) If any representative payee fails to submit the required 
accounting within the specified period of time after it is requested, 
no further payments shall be made to the representative payee on behalf 
of the annuitant unless for good cause shown, the default of the 
representative payee is excused by the agency and the required 
accounting is thereafter submitted.
    (d) At any time after the agency has selected a representative 
payee, the agency may ask such payee to submit information showing a 
continuing relationship to the annuitant and a continuing 
responsibility for the care of the annuitant. If the representative 
payee does not give the agency the requested information within the 
specified period of time, the agency may stop paying such payee unless 
the agency determines that the payee had a good reason for not 
complying with the request, and the agency receives the information 
requested.

[[Page 57015]]

Subpart E--Misuse of Annuity by a Representative Payee


Sec.  849.501  Misuse of benefits by a representative payee.

    (a) It is unlawful for a representative payee to misuse the 
payments received on behalf of an annuitant. For purposes of this 
subpart, misuse of benefits by a representative payee occurs in any 
case in which the representative payee receives payment on behalf of an 
annuitant and embezzles or converts such payment, or any part thereof, 
to a use other than for the use and benefit of the annuitant.
    (b) The penalty for a representative payee found to be in violation 
of paragraph (a) of this section is a fine, imprisonment for not more 
than 5 years, or both.
    (c) If the agency determines that a representative payee has 
misused any payments as described in paragraph (a) of this section, the 
agency will promptly revoke the certification for payment of benefits 
to the representative payee, and will make payment to an alternative 
representative payee or, if the interest of the annuitant would be 
served thereby, to the annuitant.
    (d) The agency will make the annuitant whole by repaying any 
annuity that was misused by the representative payee once the misused 
benefits have been repaid to the agency by the representative payee.


Sec.  849.502  Liability for misused funds.

    (a) A representative payee who misuses benefits, as determined in 
Sec.  849.501(a), is responsible for repayment of the misused benefits.
    (b) OPM will seek restitution from the former representative payee.

Subpart F--Changes of the Representative Payee


Sec.  849.601  When a new representative payee will be selected.

    (a) When the agency learns that the interests of the annuitant are 
not served by continuing payment to the present representative payee or 
that the present representative payee is no longer able or willing to 
carry out the payee responsibilities, the agency will undertake to find 
a new representative payee.
    (b) The agency will select a new representative payee if the agency 
finds a preferred payee or if the present payee:
    (1) Has been found by the agency or a court of competent 
jurisdiction to have misused the benefits;
    (2) Has not used the benefit payments on the annuitant's behalf in 
accordance with the rules in this part;
    (3) Has not carried out the other responsibilities described in 
this subpart;
    (4) Dies;
    (5) No longer wishes to be the representative payee;
    (6) Is unable to manage the benefit payments; or
    (7) Fails to cooperate, within a reasonable time, in providing 
evidence, accounting, or other information requested by the agency.
    (c) The agency may suspend payment as explained in Sec.  849.202(c) 
if we determine that making direct payment to the annuitant would cause 
substantial harm. Payments, including all retroactive amounts due, will 
resume once a representative payee is located.


Sec.  849.602  When representative payments will be stopped.

    If an annuitant demonstrates that he or she is mentally and 
physically able to manage or direct the management of benefit payments, 
the agency will make direct payment to the annuitant. Information which 
the annuitant may give to the agency to support his or her request for 
direct payment includes, but is not limited to, the following:
    (a) A physician's or other licensed health practitioner's statement 
regarding the annuitant's condition, or a statement by a medical 
officer of the institution where the annuitant is or was confined, 
showing that the annuitant is able to manage or direct the management 
of his or her funds;
    (b) A certified copy of a court order restoring the annuitant's 
rights in a case where an annuitant was adjudged legally incompetent; 
or
    (c) Other evidence which establishes the annuitant's ability to 
manage or direct the management of benefits.


Sec.  849.603  Transfer of conserved or accumulated funds.

    A representative payee who has conserved or invested annuity 
payments shall transfer these funds and any interest earned from the 
invested funds to either a successor payee, to the annuitant, or to the 
agency as we will specify. If the funds and the earned interest are 
returned to the agency, we will recertify them to the successor 
representative payee or to the annuitant.

[FR Doc. 2021-22282 Filed 10-13-21; 8:45 am]
BILLING CODE 6325-38-P