{"id":11364,"date":"2020-05-05T20:25:29","date_gmt":"2020-05-05T20:25:29","guid":{"rendered":"https:\/\/laweuro.com\/?p=11364"},"modified":"2020-05-05T20:25:44","modified_gmt":"2020-05-05T20:25:44","slug":"%c2%a78345a-embezzlement-or-conversion-of-payments","status":"publish","type":"post","link":"https:\/\/laweuro.com\/?p=11364","title":{"rendered":"\u00a78345a. Embezzlement or conversion of payments"},"content":{"rendered":"

5 USC PART III, Subpart G, CHAPTER 83, SUBCHAPTER III: CIVIL SERVICE RETIREMENT
\nFrom Title 5 – GOVERNMENT ORGANIZATION AND EMPLOYEES<\/a><\/span>
\nPART III\u2014EMPLOYEES
\nSubpart G\u2014Insurance and Annuities
\nCHAPTER 83\u2014RETIREMENT
\nSUBCHAPTER III\u2014CIVIL SERVICE RETIREMENT<\/p>\n

\u00a78345a. Embezzlement or conversion of payments<\/h2>\n

(a) Embezzling and Conversion Generally.\u2014<\/p>\n

(1) In general.\u2014It 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.<\/p>\n

(2) Revocation.\u2014If the Office determines that a representative payee has embezzled or converted payments as described in paragraph (1), the Office shall promptly\u2014<\/p>\n

(A) revoke the certification for payment of benefits to the representative payee; and<\/p>\n

(B) certify payment\u2014<\/p>\n

(i) to another representative payee; or<\/p>\n

(ii) if the interest of the individual under this title would be served thereby, to the individual.<\/p>\n

(b) Penalty.\u2014Any person who violates subsection (a)(1) shall be fined under title 18, imprisoned for not more than 5 years, or both.<\/p>\n

(Added Pub. L. 116\u2013126, \u00a72(b)(1), Mar. 18, 2020, 134 Stat. 174.)<\/p>\n

Effective Date<\/h3>\n

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\u2013126, see sections 4 and 3(b) of Pub. L. 116\u2013126, set out respectively as an Effective Date of 2020 Amendment note and a Regulations note under section 8331 of this title.<\/p>\n

Regulations<\/h4>\n

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\u2013126, set out as a note under section 8331 of this title.<\/p>\n