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Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Rules and Regulations Subpart EMisuse of Annuity by a Representative Payee 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.
849.502

Liability for misused funds.

a A representative payee who misuses benefits, as determined in 849.501a, is responsible for repayment of the misused benefits.
b OPM will seek restitution from the former representative payee.
Subpart FChanges of the Representative Payee
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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 annuitants behalf in accordance with the rules in this part;

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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 849.202c 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.
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 physicians or other licensed health practitioners statement regarding the annuitants 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 annuitants rights in a case where an annuitant was adjudged legally incompetent; or c Other evidence which establishes the annuitants ability to manage or direct the management of benefits.
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. 202122282 Filed 101321; 8:45 am BILLING CODE 632538P

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DEPARTMENT OF AGRICULTURE
Rural Utilities Service 7 CFR Parts 1728 and 1755
Standards and Specifications for Timber Products Acceptable for Use by Rural Utilities Service Electric and Telecommunications Borrowers Rural Utilities Service, Department of Agriculture USDA.
ACTION: Final rule; response to comments.
AGENCY:

The Rural Utilities Service RUS, a Rural Development agency of U.S. Department of Agriculture, is issuing a final rule to amend its regulations on Electric and Telecommunications Standards and Specifications for Materials, Equipment and Construction, updates to Bulletin 1728F700, RUS Specification for Wood Poles, Stubs and Anchor Logs; Bulletin 1728H701, Specification for Wood Crossarms, Transmission Timbers, and Pole Keys; and Bulletin 1728H702, Specification for Quality Control and Inspection of Timber Products Wood Bulletins to keep RUS standards current with the technology advances and consistent with the industry practice. This final rule incorporates most of the changes from the final rule;
request for comments published on June 18, 2019, in the Federal Register. This rule also addresses and takes into consideration public comments received by the Agency regarding regulation changes in the final rule; request for comments on June 18, 2019, as published in the Federal Register and, as a result, incorporates updates and modifications to the final rule.
DATES:
Effective date: This rule is effective October 14, 2021.
Incorporation by reference: The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register as of October 14, 2021.
FOR FURTHER INFORMATION CONTACT:
Chendi Zhang, Mechanical Engineer, Engineering Standards Branch, Electric Programs Rural Utilities Service Rural Development, U.S. Department of Agriculture, 1400 Independence Ave.
SW Washington, DC 202501567
Phone: 2026909032 email:
Chendi.Zhang@usda.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:

Executive Order 12866
This final rule is exempt from the Office of Management and Budget OMB review for purposes of Executive
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