FOM1 1410

FOM1 1410 When to Develop for a Representative Payee Revised March 29, 2017 Page 1 of 2

1410.5 Children

To protect the rights of a minor child, someone should be selected to receive benefits 

on behalf of the child at the time an application is filed. The Railroad Retirement Board 

will not abandon development of a representative payee for a minor child.

1410.5.1 Under Age 16

The preferred payee for a minor is a parent, either natural, step or adoptive; or another 

representative who is legally vested with the care of the minor. If the child is not living 

with a parent, develop for a representative payee who will look after the child's interests.

See FOM1-1420.10 for help in determining who is best qualified to be payee for a child 

in lieu of a parent.

1410.5.2 Age 16-17

A parent is also the preferred payee for a child this age. However, payments can be 

made directly to the child if he is in military service or otherwise emancipated, i.e., freed 

from parental control and responsibility. A child in military service will be considered 

emancipated; no special development is needed.

Interview any child age 16-17 who is neither in military service nor in the care of a 

parent or legal representative. The interview should show if the child has the capacity 

and maturity to be self-sustaining. A child living alone and supporting himself should be 

considered emancipated and will receive his annuity directly. Document your interview 

in a memorandum and attach a copy to the initial application package.

If a child shows that he is not self-supporting, develop for a representative payee as 

indicated in FOM1-1420.

If payments are in force to a payee for a child and the child becomes emancipated, a 

new Form AA-19 is not needed. Secure a certification form from the child and prepare 

a memorandum to document your interview with the child. The memorandum should 

include your reasons for believing the child is able to manage his own payments.

1410.6 Student

Prior to September 15, 1981, a survivor student was given the option of receiving 

annuity payments directly or authorizing payment to a parent. Beginning that date, the 

Railroad Retirement Board pays survivor students directly. A student is an adult 

beneficiary and all development in a survivor case will ordinarily be directly with the 

student. If a parent objects to direct payment to a student, explain that students are 

considered and treated as all other adult beneficiaries, and that a representative payee 

will be appointed only if the student is incapable of handling his own funds. The student 

may have his payments credited to an account at a financial institution through direct 

deposit. If the student so desires, the account can be a joint account with his parent.
FOM1 1410

FOM1 1410 When to Develop for a Representative Payee Revised March 29, 2017 Page 2 of 2

1410.10 Adult

An adult will need a representative payee if he is incompetent, i.e., incapable of 

managing his annuity. In the absence of a legal representative, you should be able to 

determine the need for a representative payee at the time an application is filed. Factors 

like the nature of an individual's disability and his demeanor will indicate if 

representative payee development is necessary. See FOM1 1415.5.

1410.15 Allegation Of Incompetence

Investigate every allegation of incompetence according to the guidelines set forth in 

FOM1 1415. However, not every allegation will result in representative payee 

development and selection.