5 U.S.C. § 8466 — Application for benefits
submitted 40 years ago by Pub. L. 99-335 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 376 words · no verdicts yet
You must apply for benefits before you would turn 115, or, after someone's death, within 30 years of that death. If a claimant is a minor or legally unable to manage their own affairs, a guardian or other responsible person can receive the payment on their behalf. The Office can't let someone receive those payments if they were convicted of misusing benefit funds before.
(a) The Fund* cannot pay any benefit based on an employee's or Member's service* unless the application is received by the Office* before that person's 115th birthday.
(b) Even so, after an employee*, Member*, annuitant*, or former employee or Member dies, a benefit under subchapter II or IV based on their service cannot be paid unless the application is received within 30 years of the death, or of whatever other event created the right to the benefit.
(c) If the person owed a payment is a minor, or is mentally incompetent or otherwise legally unable to manage their affairs, the payment can go to whoever is their legal guardian or fiduciary under state law, or whoever else is legally responsible for their care or their estate. If no guardian or fiduciary has been appointed under state law, the Office can pay any person or organization it judges responsible for the claimant's care, and that payment blocks anyone else from later claiming it. If the Office decides that paying the individual directly would cause them substantial harm, it can delay or suspend direct payment until a representative payee is appointed, and must resume payment — including all amounts owed — as soon as practical after that.
(d) The Office cannot let someone serve as a representative payee for a minor or legally disabled individual if that person was convicted of violating: section 8345a or 8466a of this title; section 208 or 1632 of the Social Security Act; or section 6101 of title 38.
No payment of benefits based on the service* of an employee* or Member* shall be made from the Fund* unless an application for payment of the benefits is received by the Office* before the one hundred and fifteenth anniversary of the birth of the employee or Member.
Notwithstanding subsection (a), after the death of an employee, Member, or annuitant*, or former employee or Member, a benefit based on the service of such employee, Member, or annuitant, or former employee or Member, shall not be paid under subchapter II or IV of this chapter unless an application therefor is received by the Office within 30 years after the death or other event which establishes the entitlement to the benefit.
Payment due a minor, or an individual mentally incompetent or under other legal disability, may be made to the person (including an organization) who is constituted guardian or other fiduciary by the law of the State of residence of the claimant or is otherwise legally vested with the care of the claimant or his estate. If a guardian or other fiduciary of the individual under legal disability has not been appointed under the law of the State of residence of the claimant, payment may be made to any person (including an organization) who, in the judgment of the Office, is responsible for the care of the claimant and may appropriately receive such payments on behalf of the claimant, and the payment bars recovery by any other person.
If the Office determines that direct payment of a benefit to an individual mentally incompetent or under other legal disability would cause substantial harm to the individual, the Office may defer or suspend direct payment of the benefit until such time as the appointment of a representative payee is made. The Office shall resume payment as soon as practicable, including all amounts due.
The Office may not authorize a person to receive payments on behalf of a minor or individual of legal disability under subsection (c) if that person has been convicted of a violation of—
section 8345a or 8466a;
section 208 or 1632 of the Social Security Act (42 U.S.C. 408, 1383a); or
Source credit: (Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 575; amended Pub. L. 116–126, § 2(c)(2), (d)(2), Mar. 18, 2020, 134 Stat. 176.)
- 1986Enacted · Pub. L. 99-335 · 100 Stat. 575
- 2020Amended · Pub. L. 116-126 · 134 Stat. 176
A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-335 on 1986-06-06.
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