5 C.F.R. § 178.204

Order of payment precedence

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To facilitate the settlement of the accounts of the deceased employees, money due an employee at the time of the employee's death shall be paid to the person or persons surviving at the date of death, in the following order of precedence, and the payment bars recovery by another person of amounts so paid:

(a) First, to the beneficiary or beneficiaries designated by the employee in a writing received in the employing agency prior to the employee's death;

(b) Second, if there is no designated beneficiary, to the surviving spouse of the employee;

(c) Third, if none of the above, to the child or children of the employee and descendants of deceased children by representation;

(d) Fourth, if none of the above, to the parents of the deceased employee or the survivor of them;

(e) Fifth, if none of the above, to the duly appointed legal representative of the estate of the deceased employee; and

(f) Sixth, if none of the above, to the person or persons entitled under the laws of the domicile of the employee at the time of his or her death.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2024–2025 · leading case: Acuna v. Eeoc (Fed. Cir. 2025).
Acuna v. Eeoc (Fed. Cir. 2025). · cites it 3× “§ 5582 (b) (stating that the first preferred recipient for “money due an employee at the time of his death” is “the beneficiary or beneficiaries designated by the employee in a writing received in the employing agency be- fore his death”) and 5 C.F.R. § 178.204 (similar). 2024…”
Trevor McCardle v. Equal Emp. Opportunity Comm'n (MSPB 2024). · cites it 2× “§ 5582 and 5 C.F.R. § 178.204 require the agency to pay the money due the appellant to the designated beneficiary.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.