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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Proposed Rules
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.

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Congressional Review Act This action pertains to agency management, personnel, and organization and does not substantially affect the rights or obligations of nonagency parties and, accordingly, is not a rule as that term is used by the Congressional Review Act Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996
SBREFA. Therefore, the reporting requirement of 5 U.S.C. 801 does not apply.
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 Office of Management and Budget OMB Control Number.
OPM believes the changes proposed in this document do not impose additional information collection requirements to the paperwork burden previously approved for the following Office of Management and Budget Control numbers:
32060140Representative Payee Application/Information Necessary for a Competency Determination which is comprised of 2 formsan application form with a burden of 30 minutes and a separate form for a competency determination with a burden of 60
minutes.
32060208Representative Payee Survey with a burden of 20 minutes.
These burden numbers include time for reviewing instructions, searching
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existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The systems of record notice for this collection is: https
www.opm.gov/informationmanagement/privacy-policy/sorn/opmsorn-central-1-civil-service-retirementand-insurance-records.pdf. OPM SORN
CENTRAL1Civil Service Retirement and Insurance Records.
List of Subjects in 5 CFR Part 849
Claims, Disability benefits, Fraud, Pensions, Retirement.
Office of Personnel Management.
Alexys Stanley, Regulatory Affairs Analyst.

For the reasons stated in the preamble, the Office of Personnel Management proposes to add 5 CFR part 849 to read as follows:
PART 849REPRESENTATIVE
PAYEES
Subpart AGeneral Provisions Sec.
849.101 Applicability and purpose.
849.102 Definitions.
849.103 Implementing directives.
Subpart BDetermining 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 CSelection 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 DResponsibility 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 EMisuse of Annuity by a Representative Payee 849.501 Misuse of benefits by a representative payee.
849.502 Liability for misused funds.
Subpart FChanges to the Representative Payee 849.601 When new a representative payee will be selected.
849.602 When representative payments will be stopped.

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849.603 Transfer of conserved or accumulated funds.
Authority: 5 U.S.C. 8331; 5 U.S.C. 8345e f; 5 U.S.C. 8345a; 5 U.S.C. 8401; 5 U.S.C.
8461; 5 U.S.C. 8466cd; 5 U.S.C. 8466a.

Subpart AGeneral Provisions 849.101

Applicability and purpose.

This part contains regulations of the Office of Personnel Management OPM
to implement the provisions 5 U.S.C.
8345ef, 8345a, 8466cd, 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.
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 representative payee for a use other than for the use and benefit of the minor or individual on whose behalf such payments were received.
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.
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 BDetermining Whether or Not Representative Payment is Appropriate 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
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