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Title 5, Government Organization and EmployeesRelease 119-110

§8345a Embezzlement or Conversion of Payments

Title 5 › PART III — EMPLOYEES › Subpart G — Insurance and Annuities › CHAPTER 83 — RETIREMENT › SUBCHAPTER III — CIVIL SERVICE RETIREMENT › § 8345a

Last updated Sep 22, 2026|Official source

Summary

A representative payee must not steal or use benefit payments for anything other than helping the person the payments are for. If the Office finds a representative payee has done this, the Office must quickly stop paying that person and send payments to a different representative payee or, if that better serves the person, to the person themselves. Anyone who does this can be fined under title 18, jailed for not more than 5 years, or both.

Full Legal Text

Title 5, §8345a

Government Organization and Employees, Source: USLM XML via OLRC

(a)Embezzling and Conversion Generally.—
(1)In general.—
It shall be unlawful for a representative payee to embezzle or in any manner convert all or any part of the amounts received from payments received as a representative payee to a use other than for the use and benefit of the minor or individual on whose behalf such payments were received.
(2)Revocation.—
If the Office determines that a representative payee has embezzled or converted payments as described in paragraph (1), the Office shall promptly—
(A)revoke the certification for payment of benefits to the representative payee; and
(B)certify payment—
(i)to another representative payee; or
(ii)if the interest of the individual under this title would be served thereby, to the individual.
(b)Penalty.—
Any person who violates subsection (a)(1) shall be fined under title 18, imprisoned for not more than 5 years, or both.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on Mar. 18, 2020, and applicable on and after the

Effective Date

of

Regulations

promulgated under section 3(b)(1) of Pub. L. 116–126, see section 4 and 3(b) of Pub. L. 116–126, set out respectively as an

Effective Date

of 2020 Amendment note and a

Regulations

note under section 8331 of this title.

Regulations

to carry out this section to be promulgated by Office of Personnel Management no later than 1 year after Mar. 18, 2020, with allowance for additional

Regulations

relating to administration of representative payee program, see section 3(b) of Pub. L. 116–126, set out as a note under section 8331 of this title.

Reference

Citations & Metadata

Citation

5 U.S.C. § 8345a

Title 5, Government Organization and Employees

Last Updated

Sep 22, 2026

Release point: 119-110