Negotiated Rulemaking for Higher Education 2015: PAYE ...
Issue Paper 5
Session 2: March 31 – April 2, 2015
Issue: Application of Department of Defense Lump Sum Payments for Public Service Loan Forgiveness
Statutory cites:
Regulatory cites: §685.219
Summary of Change: This change would extend the provision for the application of lump sum payments for borrowers seeking Public Service Loan Forgiveness (PSLF) when lump-sum payments are made on their behalf by the Department of Defense (DoD).
Changes: See regulatory text below.
§685.219
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(c) Borrower eligibility. (1)
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(iii) Makes 120 separate monthly payments after October 1, 2007, on eligible Direct loans for which forgiveness is sought. Except as provided in paragraph (c)(2) of this section for a borrower in an AmeriCorps or Peace Corps position or receiving lump sum payments through student loan repayment programs administered by the Department of Defense for active duty servicemembers, as defined in Section 10 U.S.C. 101(d)(1) and (d)(5), of Title 10 of the United States Code , the borrower must make the monthly payments within 15 days of the scheduled due date for the full scheduled installment amount; and
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(2) If a borrower makes a lump sum payment on an eligible loan for which the borrower is seeking to qualify for Public Service Loan Fforgiveness by using all or part of a Segal Education Award received after a year of AmeriCorps service, or by using all or part of a Peace Corps transition payment if the lump sum payment is made no later than six months after leaving the Peace Corps, or through student loan repayment programs administered by the Department of Defense for active duty servicemembers, as defined in Section10 U.S.C. 101(d)(1) and (d)(5) of Title 10 of the United States Code, the Secretary will consider the borrower to have made qualifying payments equal to the lesser of—
(i) The number of payments resulting after dividing the amount of the lump sum payment by the monthly payment amount the borrower would have made under paragraph (c)(1)(iv) of this section; or
(ii) Twelve payments.
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