§5582 — Title 5 Government Organization and Employees | U.S. Code

Summary

Employers must tell each worker they can name one or more people to receive money owed when they die, and must explain what happens if no one is named. A worker can change or cancel that choice at any time under rules made by the Office of Personnel Management for executive employees, by the Senate pro tempore and House Speaker (or their designees) for legislative employees, and by the Chief Justice (or designee) for judicial employees. If a worker dies, money due at death is paid in this order: the person(s) named in writing and received by the employer before death; if none, the widow or widower; then the children and their descendants; then the parents or surviving parent; then the estate’s legal representative; and finally anyone entitled under the law of the worker’s home at the time of death. Once paid to the right person, others cannot claim that money.

Title 5, §5582

Government Organization and Employees — Source: USLM XML via OLRC

(a)The employing agency shall notify each employee of his right to designate a beneficiary or beneficiaries to receive money due, and of the disposition of money due if a beneficiary is not designated. An employee may change or revoke a designation at any time under regulations promulgated—

(1)by the Director of the Office of Personnel Management or his designee, in the case of an employee of an executive agency;

(2)jointly by the President pro tempore of the Senate and the Speaker of the House of Representatives, or their designee, in the case of an employee of the legislative branch; and

(3)by the Chief Justice of the United States or his or her designee, in the case of an employee of the judicial branch.

(b)In order to facilitate the settlement of the accounts of deceased employees, money due an employee at the time of his death shall be paid to the person or persons surviving at the date of death, in the following order of precedence, and the payment bars recovery by another person of amounts so paid:First, to the beneficiary or beneficiaries designated by the employee in a writing received in the employing agency before his death. Second, if there is no designated beneficiary, to the widow or widower of the employee. Third, if none of the above, to the child or children of the employee and descendants of deceased children by representation. Fourth, if none of the above, to the parents of the employee or the survivor of them. Fifth, if none of the above, to the duly appointed legal representative of the estate of the employee. Sixth, if none of the above, to the person or persons entitled under the laws of the domicile of the employee at the time of his death.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large (a)5 U.S.C. 61j.Aug. 3, 1950, ch. 518, § 5, 64 Stat. 396. (b)5 U.S.C. 61f.Aug. 3, 1950, ch. 518, § 1, 64 Stat. 395. Subsection (a) is restated for clarity. The word “officers” is omitted as included in “employee”. In subsection (b), so much of the first 35 words of former section 61f as states the application is carried into the definition of “employee” in section 5581(1). The word “officer” is omitted as included in “employee”. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

Amendments

1996—Subsec. (a). Pub. L. 104–316 substituted “An employee may change or revoke a designation at any time under

Regulations

promulgated—” for “An employee may change or revoke a designation at any time under such

Regulations

as the Comptroller General of the United States may prescribe.” in introductory provisions and added pars. (1) to (3).

§5582 Designation of beneficiary; order of precedence

Summary

Title 5, §5582

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Regulations

Regulations

Citations & Metadata