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5 U.S.C. § 8466 — Application for benefits
Federal law — U.S. Code and appendices · legal_authorities
**(a)** 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.
**(b)** 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.
**(c)**
(1) 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.
(2) 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
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Source file: Laws/federal/codes/united-states-code/title-5/section-8466-application-for-benefits--a1de97a40b.md
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Source location: Title 5, Chapter 84, § 8466; chapter-084-federal-employees-retirement-system.md
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**(a)** 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.
**(b)** 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.
**(c)**
(1) 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.
(2) 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.
**(d)** 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—
(1) section 8345a or 8466a;
(2) section 208 or 1632 of the Social Security Act ([42 U.S.C. 408](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section408&num=0&edition=prelim), 1383a); or
(3) [section 6101 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section6101&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whoever, being a fiduciary (as defined in [section 5506 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5506&num=0&edition=prelim)) for the benefit of a minor, incompetent, or other beneficiary under laws administered by the Secretary, shall lend, borrow, pledge, hypothecate, use, or exchange for other funds or property, except as authorized by law, or embezzle or in any manner misappropriate any such money or property derived therefrom in whole or in part and coming into such fiduciary’s control in any manner whatever in the execution of such fiduciary’s trust, or under color of such fiduciary’s office or service as such fiduciary, shall be fined in accordance with title 18, or imprisoned not more than five years, or both.
**(b)** Any willful neglect or refusal to make and file proper accountings or reports concerning such money or property as required by law shall be taken to be sufficient evidence prima facie of such embezzlement or misappropriation.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 6101
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “employee” means—
(A) an employee as defined by [section 2105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim);
(B) the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden;
(C) a Congressional employee as defined by [section 2107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2107&num=0&edition=prelim) (other than the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden), after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter;
(D) a temporary Congressional employee appointed at an annual rate of pay, after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter;
(E) a United States Commissioner whose total pay for services performed as Commissioner is not less than $3,000 in each of the last 3 consecutive calendar years ending after December 31, 1954;
(F) an individual employed by a county committee established under [section 590h(b) of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590h/b&num=0&edition=prelim);
(G) an individual first employed by the government of the District of Columbia before October 1, 1987;
(H) an individual employed by Gallaudet College;
(I) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838);
(J) an alien (i) who was previously employed by the Government, (ii) who is employed full time by a foreign government
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8331
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Whoever—
(1) for the purpose of causing an increase in any payment authorized to be made under this subchapter, or for the purpose of causing any payment to be made where no payment is authorized under this subchapter, shall make or cause to be made any false statement or representation (including any false statement or representation in connection with any matter arising under subchapter E of chapter 1, or subchapter A or E of chapter 9 of the Internal Revenue Code of 1939, or chapter 2 or 21 or subtitle F of the Internal Revenue Code of 1954) as to—
(A) whether wages were paid or received for employment (as said terms are defined in this subchapter and the Internal Revenue Code), or the amount of wages or the period during which paid or the person to whom paid; or
(B) whether net earnings from self-employment (as such term is defined in this subchapter and in the Internal Revenue Code) were derived, or as to the amount of such net earnings or the period during which or the person by whom derived; or
(C) whether a person entitled to benefits under this subchapter had earnings in or for a particular period (as determined under [section 403(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section403/f&num=0&edition=prelim) for purposes of deductions from benefits), or as to the amount thereof; or
(2) makes or causes to be made any false statement or representation of a material fact in any application for any payment or for a disability determination under this subchapter; or
(3) at any time makes or causes to be made any false statement or representation of a material fact for use in determining rights to payment under this subchapter; or
(4) having knowledge of the occurrence of any event affecting (
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 408
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Federal law — U.S. Code and appendices · legal_authorities
Page 1943
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 408
States to study and evaluate the appointment and pay-
ment of attorney and non-attorney claimant represent-
atives appearing before the Commissioner of Social Se-
curity in connection with benefit claims under titles II
and XVI of the Social Security Act (42 U.S.C. 401 et
seq., 1381 et seq.) and to report to the appropriate com-
mittees of Congress not later than 3 years after the
date of the submission by the Commissioner of Social
Security to Congress pursuant to section 303(d) of Pub.
L. 108–203 (set out above) of written notice of comple-
tion of full implementation of the requirements for op-
eration of the demonstration project under section 303
of Pub. L. 108–203.
GAO STUDY AND REPORT
Pub. L. 106–170, title IV, § 406(c), Dec. 17, 1999, 113 Stat.
1912, directed the Comptroller General of the United
States to conduct a study, and to submit a report on
the study’s results to the appropriate committees of
Congress not later than 1 year after Dec. 17, 1999, that
examined the costs incurred by the Social Security Ad-
ministration in administering 42 U.S.C. 406(a)(4), (b)(1)
and itemized the components of such costs; identified
efficiencies that the Administration could implement
to reduce such costs; examined the feasibility and ad-
visability of linking the payment of, or the amount of,
the assessment under 42 U.S.C. 406(d) to the timeliness
of the payment of the fee to the attorney as certified
by the Commissioner of Social Security pursuant to 42
U.S.C. 406(a)(4), (b)(1); determined whether 42 U.S.C.
406(a)(4), (b)(1) should be applied to claimants under
title XVI of the Social Security Act (42 U.S.C 1381 et
seq.); determined the feasibility and advisability of
stating fees under 42 U.S.C
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 408
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Federal law — U.S. Code and appendices · legal_authorities
Page 1186
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 8465
beyond the date payment of the annuity com-
mences, as determined by the Department of
Labor, shall be refunded to that Department for
credit to the Employees’ Compensation Fund.
Before the individual may receive the annuity,
the individual shall—
(1) refund to the Department of Labor the
amount representing the commuted compensa-
tion payments for the extended period; or
(2) authorize the deduction of the amount
from the annuity.
Deductions from the annuity may be made from
accrued or accruing payments. The amounts de-
ducted and withheld from the annuity shall be
transmitted to the Department of Labor for re-
imbursement to the Employees’ Compensation
Fund. When the Department of Labor finds that
the financial circumstances of an individual en-
titled to an annuity under subchapter II, IV, or
V warrant deferred refunding, deductions from
the annuity may be prorated against and paid
from accruing payments in such manner as the
Department determines appropriate.
(Added Pub. L. 100–238, title I, § 124(a)(1)(B), Jan.
8, 1988, 101 Stat. 1755.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to this section were contained in
section 8456 of this title prior to repeal by Pub. L.
100–238.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Jan. 1, 1987, and applicable with re-
spect to benefits payable based on a death or disability
occurring on or after that date, see section 124(c) of
Pub. L. 100–238 set out as an Effective Date of 1988
Amendment note under section 8337 of this title.
§ 8465. Waiver, allotment, and assignment of ben-
efits
(a) An individual entitled to an annuity pay-
able from the Fund may decline to accept all or
any part of the amount of
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 8466
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