Title 5 — Government Organization and EmployeesRelease 119-73not60
§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
Summary
A representative payee must not use benefit payments for anything other than the child or person they serve. If the Office finds a payee did this, it will cancel the payee’s certification and send payments to another payee or to the person. Violators can be fined under title 18, jailed up to 5 years, or both.
Full Legal Text
Title 5, §8345a
Government Organization and Employees — Source: USLM XML via OLRC
(a)(1)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)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)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
Apr 3, 2026
Release point: 119-73not60