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Public Service Loan Forgiveness &
    Income Based Repayment

            Alisa M. Rosales, J.D.
   Associate Director, Law Career Services
      DePaul University College of Law
               November 2011
Today’s Agenda

• Public Service Loan Forgiveness
• Income-Based Repayment
• Which Loans are Which and Why It Matters
      • Eligible Loans
      • Qualifying payments
• LRAPs & specific repayment plans
• Tax issues
What You Can Expect to Take Away


• You’ll know:
   – how to determine how much you stand to benefit
   – the requirements of the programs
   – what steps you need to take to qualify

• You’ll also know:
   – what’s still being worked out and
   – where to go for more information.
College Cost Reduction and Access Act




      Public
   Service Loan
   Forgiveness     Income Based
                     Repayment
Two kinds of loan forgiveness


• IBR will forgive remaining debt, if any, after 25 years of
  qualifying payments.

• If you work in public service, you could earn forgiveness
  after 10 years of qualifying payments.
Public Service Loan Forgiveness
Qualifying
           Employment
Eligible
Loans

       Qualifying
       Payments




Public Service Loan
   Forgiveness
Public Service Loan Forgiveness


• The balance of principal and interest on eligible Federal
  Direct Loans is canceled by the federal government
  after:

   – 120 qualifying loan payments while working full-time
     in a qualifying public service position after October 1,
     2007.
Qualifying Employment
501(c)(3)
Government
               Non-profit


AmeriCorps
              Peace Corps
 Position


         ―Public
        Service
      Organization‖
What Counts as a Government Job?


• Government employment includes work for:
  – local, State, Federal, and Tribal governments
  – government organizations, agencies, and entities
  – but not service as a member of the U.S. Congress
Qualifying Employment

    Full-time, paid work
Definition of “Full-Time”

• Working in qualifying employment in one or more jobs for
  the greater of—

   – An annual average of at least 30 hours per week, or
   – For a contractual or employment period of at least 8
     months, an average of 30 hours per week; or
   – Unless the qualifying employment is with two or more
     employers, the number of hours the employer
     considers full-time.
Career Public Defender
                      $100,000 Eligible Debt
             Initial PI AGI:     IBR Monthly 30 Year Fixed 10 Year Fixed
             $40K                Payment        Monthly        (Affordable?)
Year 1:               $40,000             $297           $696          $1184
Year 2:               $41,200             $306           $696          $1184
Year 3:               $42,436             $315           $696          $1184
Year 4:               $43,709             $324           $696          $1184
Year 5:               $45,020             $334           $696          $1184
Year 6:               $46,371             $344           $696          $1184
Year 7:               $47,762             $355           $696          $1184
Year 8:               $49,195             $365           $696          $1184
Year 9:               $50,671             $376           $696          $1184
Year 10:              $52,190             $387           $696          $1184
Years 11-30:                 ...             $0          $696              $0
             Total Paid IBR:           $40,849 Total Forgiven:       $133,696
             10 Year Fixed:           $142,158
             30 Year Fixed:           $250, 598
Monthly Payments
$1,400



$1,200



$1,000
                                                                                                    10-Year

 $800
                                                                                                    30-Year
 $600
                                                                                                    IBR
 $400
                                                                                 $376      $387
                                                      $344     $355     $365
                           $315     $324     $334
         $297     $306
 $200



   $0
         Year 1   Year 2   Year 3   Year 4   Year 5   Year 6   Year 7   Year 8   Year 9   Year 10
What is Income-Based Repayment?

     Not your mother’s repayment plan
Simplified Adjusted Gross Income


   Wages plus
     » Interest income
     » Alimony received

   and minus
      » Alimony paid
      » Student loan interest deduction
      » Deduction for IRA contribution
Married Filing Jointly




                   Your
  Your
                Spouse’s          AGI
Income
                 Income
Married Filing Separately




  Your
                          AGI
Income
Disadvantages to Filing Separately


• Higher tax rate

• Loss of certain credits and adjustments:
   – child and dependent care credit
   – adoption expense credit
   – Hope and Lifetime Learning credit; and
   – deduction for qualified educational loan interest
Treatment of Joint Filers


• Both spouses' federal loan debts as well as their joint
  income will be considered when calculating IBR
  payments.
IBR Monthly Payment Amount
                 Source: United States Department of Education
Annual                                 Family Size
Income    1      2          3           4            5           6      7
$10,000   $0     $0         $0          $0           $0          $0     $0
$15,000   $0     $0         $0          $0           $0          $0     $0
$20,000   $47    $0         $0          $0           $0          $0     $0
$25,000   $109   $39        $0          $0           $0          $0     $0
$30,000   $172   $102       $32         $0           $0          $0     $0
$35,000   $234   $164       $94         $24          $0          $0     $0
$40,000   $297   $227       $157        $87          $16         $0     $0
$45,000   $359   $289       $219        $149         $79         $9     $0
$50,000   $422   $352       $282        $212         $141        $71    $1
$55,000   $484   $414       $344        $274         $204        $134   $64
$60,000   $547   $477       $407        $337         $266        $196   $126
$65,000   $609   $539       $469        $399         $329        $259   $189
$70,000   $672   $602       $532        $462         $391        $321   $251
Who can choose IBR?

 High debt relative to income
Who Has a Partial Financial Hardship?

       Debt                    AGI                         Debt                    AGI
     $10,000               $25,451                       $65,000               $76,087
     $15,000               $30,055                       $70,000               $80,690
     $20,000               $34,658                       $75,000               $85,293
     $25,000               $39,261                       $80,000               $89,896
     $30,000               $43,864                       $85,000               $94,500
                                                         $90,000               $99,103
     $35,000               $48,467
                                                         $95,000              $103,706
     $40,000               $53,071
                                                        $100,000              $108,309
     $45,000               $57,674                                            $112,912
                                                        $105,000
     $50,000               $62,277                      $110,000              $117,516
     $55,000               $66,880                      $115,000              $122,119
     $60,000               $71,484                      $120,000              $126,722
Source: Jeff Hanson, Ph.D. , Director of Borrower Education, Access Group, Inc.
Assumptions: Interest rate = 6.8%; 2009 Poverty Guidelines;
Household size of 1 residing in 48 contiguous states
www.ibrinfo.org
www.finaid.org/calculators/ibr.phtml
Eligible Loans

Know Your Loans
Qualifying
           Employment
Eligible
Loans

       Qualifying
       Payments




Public Service Loan
   Forgiveness
Grad PLUS




Subsidized     Federal       Unsubsidized
 Stafford       Loans          Stafford




               Federal
             Consolidation
Commercial and Alternative Student
    Loans Are Never Eligible
FFEL


          Federal
          Student
           Loans
Federal
 Direct
Find Out What Kind of
            Student Loans You Have

• National Student Loan Data System:
  http://www.nslds.ed.gov/
www.nslds.ed.gov
Eligible Loans for
Public Service Loan Forgiveness



          ONLY
        FEDERAL
         DIRECT
Eligible Loans for
Income-Based Repayment



    FFEL and
  Federal Direct
     Loans
FFEL Loans Must Be Consolidated Into
           Federal Direct

       http://loanconsolidation.ed.gov/
http://loanconsolidation.ed.gov/
Which loans are not eligible?


• Loans that are currently in default

• Parent PLUS Loans

• Consolidation loans that repaid a parent PLUS Loan

• Alternative or commercial student loans
www.studentloanborrowerassistance.org
Qualifying
           Employment
Eligible
Loans

       Qualifying
       Payments




Public Service Loan
   Forgiveness
Qualifying Payments

Income-Based Repayment
Repayment Plan Selection Form
Non-Qualifying Payments

Any term of years longer than 10-years
What payments don’t count toward
        the 120 payments required
  for Public Service Loan Forgiveness?

• Payments made on the ―wrong‖ repayment plan

• Payments made while in the ―wrong‖ kind of job

• Payments made on the ―wrong‖ kind of loans

• Late payments (more than 15 days)
Law School      State-Based
  LRAPs           LRAPs


                  HEOA:
Employer        Prosecutors,
 LRAPs         Defenders and
                 Legal Aid


       CCRAA: Public
        Service Loan
        Forgiveness
What About Taxes on Loan Forgiveness?

TAXABLE                     NOT TAXABLE

• 25 Year IBR Forgiveness   • Public Service Loan
• Employer LRAPs              Forgiveness
• John R. Justice           • Most law school LRAPs
Webinars, links, and more!
  askheatherjarvis.com
University Resources

• Don’t forget Financial Fitness has
  tools too!
     http://financialfitness.depaul.edu
Special Thanks to Heather
  Jarvis, advocate, mentor,
  and friend for her tireless
   and thorough work on
 behalf of all those working
  and dedicating their lives
improving their lives through
    continued education!

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Public Service Loan Forgiveness November 2011

  • 1. Public Service Loan Forgiveness & Income Based Repayment Alisa M. Rosales, J.D. Associate Director, Law Career Services DePaul University College of Law November 2011
  • 2. Today’s Agenda • Public Service Loan Forgiveness • Income-Based Repayment • Which Loans are Which and Why It Matters • Eligible Loans • Qualifying payments • LRAPs & specific repayment plans • Tax issues
  • 3. What You Can Expect to Take Away • You’ll know: – how to determine how much you stand to benefit – the requirements of the programs – what steps you need to take to qualify • You’ll also know: – what’s still being worked out and – where to go for more information.
  • 4. College Cost Reduction and Access Act Public Service Loan Forgiveness Income Based Repayment
  • 5. Two kinds of loan forgiveness • IBR will forgive remaining debt, if any, after 25 years of qualifying payments. • If you work in public service, you could earn forgiveness after 10 years of qualifying payments.
  • 6. Public Service Loan Forgiveness
  • 7. Qualifying Employment Eligible Loans Qualifying Payments Public Service Loan Forgiveness
  • 8. Public Service Loan Forgiveness • The balance of principal and interest on eligible Federal Direct Loans is canceled by the federal government after: – 120 qualifying loan payments while working full-time in a qualifying public service position after October 1, 2007.
  • 10. 501(c)(3) Government Non-profit AmeriCorps Peace Corps Position ―Public Service Organization‖
  • 11. What Counts as a Government Job? • Government employment includes work for: – local, State, Federal, and Tribal governments – government organizations, agencies, and entities – but not service as a member of the U.S. Congress
  • 12. Qualifying Employment Full-time, paid work
  • 13. Definition of “Full-Time” • Working in qualifying employment in one or more jobs for the greater of— – An annual average of at least 30 hours per week, or – For a contractual or employment period of at least 8 months, an average of 30 hours per week; or – Unless the qualifying employment is with two or more employers, the number of hours the employer considers full-time.
  • 14. Career Public Defender $100,000 Eligible Debt Initial PI AGI: IBR Monthly 30 Year Fixed 10 Year Fixed $40K Payment Monthly (Affordable?) Year 1: $40,000 $297 $696 $1184 Year 2: $41,200 $306 $696 $1184 Year 3: $42,436 $315 $696 $1184 Year 4: $43,709 $324 $696 $1184 Year 5: $45,020 $334 $696 $1184 Year 6: $46,371 $344 $696 $1184 Year 7: $47,762 $355 $696 $1184 Year 8: $49,195 $365 $696 $1184 Year 9: $50,671 $376 $696 $1184 Year 10: $52,190 $387 $696 $1184 Years 11-30: ... $0 $696 $0 Total Paid IBR: $40,849 Total Forgiven: $133,696 10 Year Fixed: $142,158 30 Year Fixed: $250, 598
  • 15. Monthly Payments $1,400 $1,200 $1,000 10-Year $800 30-Year $600 IBR $400 $376 $387 $344 $355 $365 $315 $324 $334 $297 $306 $200 $0 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10
  • 16. What is Income-Based Repayment? Not your mother’s repayment plan
  • 17. Simplified Adjusted Gross Income Wages plus » Interest income » Alimony received and minus » Alimony paid » Student loan interest deduction » Deduction for IRA contribution
  • 18. Married Filing Jointly Your Your Spouse’s AGI Income Income
  • 19. Married Filing Separately Your AGI Income
  • 20. Disadvantages to Filing Separately • Higher tax rate • Loss of certain credits and adjustments: – child and dependent care credit – adoption expense credit – Hope and Lifetime Learning credit; and – deduction for qualified educational loan interest
  • 21. Treatment of Joint Filers • Both spouses' federal loan debts as well as their joint income will be considered when calculating IBR payments.
  • 22. IBR Monthly Payment Amount Source: United States Department of Education Annual Family Size Income 1 2 3 4 5 6 7 $10,000 $0 $0 $0 $0 $0 $0 $0 $15,000 $0 $0 $0 $0 $0 $0 $0 $20,000 $47 $0 $0 $0 $0 $0 $0 $25,000 $109 $39 $0 $0 $0 $0 $0 $30,000 $172 $102 $32 $0 $0 $0 $0 $35,000 $234 $164 $94 $24 $0 $0 $0 $40,000 $297 $227 $157 $87 $16 $0 $0 $45,000 $359 $289 $219 $149 $79 $9 $0 $50,000 $422 $352 $282 $212 $141 $71 $1 $55,000 $484 $414 $344 $274 $204 $134 $64 $60,000 $547 $477 $407 $337 $266 $196 $126 $65,000 $609 $539 $469 $399 $329 $259 $189 $70,000 $672 $602 $532 $462 $391 $321 $251
  • 23. Who can choose IBR? High debt relative to income
  • 24. Who Has a Partial Financial Hardship? Debt AGI Debt AGI $10,000 $25,451 $65,000 $76,087 $15,000 $30,055 $70,000 $80,690 $20,000 $34,658 $75,000 $85,293 $25,000 $39,261 $80,000 $89,896 $30,000 $43,864 $85,000 $94,500 $90,000 $99,103 $35,000 $48,467 $95,000 $103,706 $40,000 $53,071 $100,000 $108,309 $45,000 $57,674 $112,912 $105,000 $50,000 $62,277 $110,000 $117,516 $55,000 $66,880 $115,000 $122,119 $60,000 $71,484 $120,000 $126,722 Source: Jeff Hanson, Ph.D. , Director of Borrower Education, Access Group, Inc. Assumptions: Interest rate = 6.8%; 2009 Poverty Guidelines; Household size of 1 residing in 48 contiguous states
  • 28. Qualifying Employment Eligible Loans Qualifying Payments Public Service Loan Forgiveness
  • 29. Grad PLUS Subsidized Federal Unsubsidized Stafford Loans Stafford Federal Consolidation
  • 30. Commercial and Alternative Student Loans Are Never Eligible
  • 31. FFEL Federal Student Loans Federal Direct
  • 32. Find Out What Kind of Student Loans You Have • National Student Loan Data System: http://www.nslds.ed.gov/
  • 34. Eligible Loans for Public Service Loan Forgiveness ONLY FEDERAL DIRECT
  • 35. Eligible Loans for Income-Based Repayment FFEL and Federal Direct Loans
  • 36. FFEL Loans Must Be Consolidated Into Federal Direct http://loanconsolidation.ed.gov/
  • 38. Which loans are not eligible? • Loans that are currently in default • Parent PLUS Loans • Consolidation loans that repaid a parent PLUS Loan • Alternative or commercial student loans
  • 40. Qualifying Employment Eligible Loans Qualifying Payments Public Service Loan Forgiveness
  • 43. Non-Qualifying Payments Any term of years longer than 10-years
  • 44. What payments don’t count toward the 120 payments required for Public Service Loan Forgiveness? • Payments made on the ―wrong‖ repayment plan • Payments made while in the ―wrong‖ kind of job • Payments made on the ―wrong‖ kind of loans • Late payments (more than 15 days)
  • 45. Law School State-Based LRAPs LRAPs HEOA: Employer Prosecutors, LRAPs Defenders and Legal Aid CCRAA: Public Service Loan Forgiveness
  • 46. What About Taxes on Loan Forgiveness? TAXABLE NOT TAXABLE • 25 Year IBR Forgiveness • Public Service Loan • Employer LRAPs Forgiveness • John R. Justice • Most law school LRAPs
  • 47. Webinars, links, and more! askheatherjarvis.com
  • 48. University Resources • Don’t forget Financial Fitness has tools too! http://financialfitness.depaul.edu
  • 49. Special Thanks to Heather Jarvis, advocate, mentor, and friend for her tireless and thorough work on behalf of all those working and dedicating their lives improving their lives through continued education!