34 C.F.R. Subpart A—General Provisions
Title 34 - Education
Source: 52 FR 45747, Dec. 1, 1987, unless otherwise noted.
(a) The Federal Perkins Loan Program provides low-interest loans to financially needy students attending institutions of higher education to help them pay their educational costs. (b)(1) The Federal Perkins Loan Program, authorized by title IV-E of the Higher Education Act of 1965, as amended, and previously named the National Direct Student Loan (NDSL) Program, is a continuation of the National Defense Loan Program authorized by title II of the National Defense Education Act of 1958. All rights, privileges, duties, functions, and obligations existing under title II before the enactment of title IV-E continue to exist. (2) The Secretary considers any student loan fund established under title IV-E to include the assets of an institution's student loan fund established under title II. *(c) Provisions in these regulations that are common to all campus-based programs are identified with an asterisk. (d) Provisions in these regulations that refer to “loans” or “student loans” apply to all loans made under title IV-E of the HEA or title II of the National Defense Education Act. (Authority: 20 U.S.C. 1087aa-1087hh; Pub. L. 92–318, sec. 137(d)(1)) [52 FR 45747, Dec. 1, 1987, as amended at 57 FR 32344, July 21, 1992; 59 FR 61415, Nov. 29, 1994; 64 FR 18002, Apr. 6, 2000] (a) The definitions of the following terms used in this part are set forth in subpart A of the Student Assistance General Provisions, 34 CFR part 668:
Academic Competitiveness Grant (ACG) Program Academic year Award year Defense loan Enrolled Expected family contribution (EFC) Federal Family Education Loan (FFEL) programs Federal Pell Grant Federal Perkins loan Federal Perkins Loan Program Federal PLUS Program Federal SLS Program Federal Supplemental Educational Opportunity Grant (FSEOG) Program Federal Work-Study (FWS) Program Full-time student HEA National Defense Student Loan Program National Direct Student Loan (NDSL) Program National Science and Mathematics Access to Retain Talent Grant (National SMART Grant) Program Payment period Secretary (b) The Secretary defines other terms used in this part as follows: Default: The failure of a borrower to make an installment payment when due or to comply with other terms of the promissory note or written repayment agreement. Enter repayment: The day following the expiration of the initial grace period or the day the borrower waives the initial grace period. This date does not change if a forbearance, deferment, or cancellation is granted after the borrower enters repayment. Federal capital contribution (FCC): Federal funds allocated or reallocated to an institution for deposit into the institution's Fund under section 462 of the HEA. *Financial need: The difference between a student's cost of attendance and his or her EFC. Fund (Federal Perkins Loan Fund): A fund established and maintained according to §674.8. Graduate or professional student: A student who— (1) Is enrolled in a program or course above the baccalaureate level at an institution of higher education or is enrolled in a program leading to a first professional degree; (2) Has completed the equivalent of at least three years of full-time study at an institution of higher education, either prior to entrance into the program or as part of the program itself; and (3) Is not receiving title IV aid as an undergraduate student for the same period of enrollment. Half-time graduate or professional student: An enrolled graduate or professional student who is carrying a half-time academic workload as determined by the institution according to its own standards and practices. Half-time undergraduate student: An enrolled undergraduate student who is carrying a half-time academic workload, as determined by the institution, which amounts to at least half the workload of a full-time student. However, the institution's half-time standards must equal or exceed the equivalent of one or more of the following minimum requirements: (1) 6 semester hours or 6 quarter hours per academic term for an institution using a standard semester, trimester, or quarter system. (2) 12 semester hours or 18 quarter hours per academic year for an institution using credit hours to measure progress, but not using a standard semester, trimester, or quarter system; or the prorated equivalent for a program of less than one year. (3) 12 clock hours per week for an institution using clock hours. (4) 12 hours of preparation per week for a student enrolled in a program of study by correspondence. Regardless of the workload, no student enrolled solely in correspondence study is considered more than half-time. Initial grace period: That period which immediately follows a period of enrollment and immediately precedes the date of the first required repayment on a loan. This period is generally nine months for Federal Perkins loans, Defense loans, and NDSLs made before October 1, 1980, and six months for other Direct loans. *Institution of higher education (institution): A public or private nonprofit institution of higher education, a proprietary institution of higher education, or a postsecondary vocational institution. Institutional capital contribution (ICC): Institutional funds contributed to establish or maintain a Fund. Making of a loan: When the institution makes the first disbursement of a loan to a student for an award year. Master Promissory Note (MPN): A promissory note under which the borrower may receive loans for a single award year or multiple award years. National credit bureau: Any one of the national credit bureaus with which the Secretary has an agreement. *Need-based employment: Employment provided by an institution itself or by another entity to a student who has demonstrated to the institution or the entity (through standards or methods it establishes) a financial need for the earnings from that employment for the purpose of defraying educational costs of attendance for the award year for which the employment is provided. Post-deferment grace period: That period of six consecutive months which immediately follows the end of certain periods of deferment and precedes the date on which the borrower is required to resume repayment on a loan. Satisfactory repayment arrangement: For purposes of regaining eligibility for grant, loan, or work assistance under Title IV of the HEA, to the extent that the borrower is otherwise eligible, the making of six (6) on-time, consecutive, monthly payments on a defaulted loan. A borrower may obtain the benefit of this paragraph with respect to renewed eligibility once on a defaulted loan. Student loan: For this part means an NDSL Loan, Defense Loan, or a Federal Perkins Loan. Total monthly gross income: The gross amount of income received by the borrower from employment (either full-time or part-time) and from other sources. Undergraduate student: A student enrolled at an institution of higher education who is in an undergraduate course of study which usually does not exceed four academic years, or is enrolled in a four to five academic year program designed to lead to a first degree. A student enrolled in a program of any other length is considered an undergraduate student for only the first four academic years of that program. (Authority: 20 U.S.C. 1087aa–1087hh) [52 FR 45747, Dec. 1, 1987, as amended at 53 FR 52580, Dec. 28, 1988; 57 FR 32344, July 21, 1992; 59 FR 61404, 61415-61416, Nov. 30, 1994; 60 FR 61814, Dec. 1, 1995; 61 FR 60608, Nov. 29, 1996; 64 FR 58308, Oct. 28, 1999; 65 FR 18002, Apr. 6, 2000; 67 FR 67076, Nov. 1, 2002; 69 FR 12276, Mar. 16, 2004; 71 FR 38003, July 3, 2006]
Title 34: Education
PART 674—FEDERAL PERKINS LOAN PROGRAM
Subpart A—General Provisions
§ 674.1 Purpose and identification of common provisions.
§ 674.2 Definitions.
§§ 674.3-674.4 [Reserved]
§ 674.5 Federal Perkins Loan program cohort default rate and penalties.
(a) Default penalty. If an institution's cohort default rate meets the following levels, a default penalty is imposed on the institution as follows:
(1) FCC reduction. If the institution's cohort default rate equals or exceeds 25 percent, the institution's FCC is reduced to zero.
(2) Ineligibility. For award year 2000–2001 and succeeding award years, an institution with a cohort default rate that equals or exceeds 50 percent for each of the three most recent years for which cohort default rate data are available is ineligible to participate in the Federal Perkins Loan Program. Following a review of that data and upon notification by the Secretary, an institution is ineligible to participate for the award year, or the remainder of the award year, in which the determination is made and the two succeeding award years. An institution may appeal a notification of ineligibility from the Secretary within 30 days of its receipt.
(i) Appeal procedures—(A) Inaccurate calculation. An institution may appeal a notice of ineligibility based upon the submission of erroneous data by the institution, the correction of which would result in a recalculation that reduces the institution's cohort default rate to below 50 percent for any of the three award years used to make a determination of ineligibility. The Secretary considers the edit process, by which an institution adjusts the cohort default rate data that it submits to the Secretary on its Fiscal Operations Report, to constitute the procedure to appeal a determination of ineligibility based on a claim of erroneous data.
(B) Small number of borrowers entering repayment. An institution may appeal a notice of ineligibility if, on average, 10 or fewer borrowers enter repayment for the three most recent award years used by the Secretary to make a determination of ineligibility.
(C) Decision of the Secretary. The Secretary issues a decision on an appeal within 45 days of the institution's submission of a complete, accurate, and timely appeal. An institution may continue to participate in the program until the Secretary issues a decision on the institution's appeal.
(ii) Liquidation of an institution's Perkins Loan portfolio. Within 90 days of receiving a notification of ineligibility or, if the institution appeals, within 90 days of the Secretary's decision to deny the appeal, the institution must—
(A) Liquidate its revolving student loan fund by making a capital distribution of the liquid assets of the Fund according to section 466(c) of the HEA; and
(B) Assign any outstanding loans in the institution's portfolio to the Secretary in accordance with §674.50.
(iii) Effective date. The provisions of paragraph (a)(2) of this section are effective with the cohort default rate calculated as of June 30, 2001.
(b) Cohort default rate. (1) The term “cohort default rate” means, for any award year in which 30 or more current and former students at the institution enter repayment on a loan received for attendance at the institution, the percentage of those current and former students who enter repayment in that award year on the loans received for attendance at that institution who default before the end of the following award year.
(2) For any award year in which less than 30 current and former students at the institution enter repayment on a loan received for attendance at the institution, the “cohort default rate” means the percentage of those current and former students who entered repayment on loans received for attendance at that institution in any of the three most recent award years and who defaulted on those loans before the end of the award year immediately following the year in which they entered repayment.
(c) Defaulted loans to be included in the cohort default rate. For purposes of calculating the cohort default rate under paragraph (b) of this section—
(1) A borrower must be included only if the borrower's default has persisted for at least—
(i) 240 consecutive days for loans repayable in monthly installments; or
(ii) 270 consecutive days for loans repayable in quarterly installments;
(2) A loan is considered to be in default if a payment is made by the institution of higher education, its owner, agency, contractor, employee, or any other entity or individual affiliated with the institution, in order to avoid default by the borrower;
(3)(i) In determining the number of borrowers who default before the end of the following award year, a loan is excluded if the borrower has—
(A) Voluntarily made six consecutive monthly payments;
(B) Voluntarily made all payments currently due;
(C) Repaid the full amount due, including any interest, late fees, and collection costs that have accrued on the loan;
(D) Received a deferment or forbearance based on a condition that predates the borrower reaching a 240- or 270-day past due status; or
(E) Rehabilitated the loan after becoming 240- or 270-days past due.
(ii) A loan is considered canceled and also excluded from an institution's cohort default rate calculation if the loan is—
(A) Discharged due to death or permanent and total disability;
(B) Discharged in bankruptcy;
(C) Discharged due to a closed school;
(D) Repaid in full in accordance with §674.33(e) or §674(h); or
(E) Assigned to and conditionally discharged by the Secretary in accordance with §674.61(b).
(iii) For the purpose of this section, funds obtained by income tax offset, garnishment, income or asset execution, or pursuant to a judgment are not considered voluntary.
(4) In the case of a student who has attended and borrowed at more than one institution, the student and his or her subsequent repayment or default are attributed to the institution for attendance at which the student received the loan that entered repayment in the award year.
(d) Locations of the institution. (1) A cohort default rate of an institution applies to all locations of the institution as it exists on the first day of the award year for which the rate is calculated.
(2) A cohort default rate of an institution applies to all locations of the institution from the date the institution is notified of that rate until the institution is notified by the Secretary that the rate no longer applies.
(3) For an institution that changes status from a location of one institution to a free-standing institution, the Secretary determines the cohort default rate based on the institution's status as of July 1 of the award year for which a cohort default rate is being calculated.
(4)(i) For an institution that changes status from a free-standing institution to a location of another institution, the Secretary determines the cohort default rate based on the combined number of students who enter repayment during the applicable award year and the combined number of students who default during the applicable award years from both the former free-standing institution and the other institution. This cohort default rate applies to the new consolidated institution and all of its current locations.
(ii) For free-standing institutions that merge, the Secretary determines the cohort default rate based on the combined number of students who enter repayment during the applicable award year and the combined number of students who default during the applicable award years from both of the institutions that are merging. This cohort default rate applies to the new, consolidated institution.
(iii) For an institution that changes status from a location of one institution to a location of another institution, the Secretary determines the cohort default rate based on the combined number of students who enter repayment during the applicable award year and the number of students who default during the applicable award years from both of the institutions in their entirety, not limited solely to the respective locations.
(5) For an institution that has a change in ownership that results in a change in control, the Secretary determines the cohort default rate based on the combined number of students who enter repayment during the applicable award year and the combined number of students who default during the applicable award years from the institution under both the old and new control.
(Authority: 20 U.S.C. 1087bb)
[59 FR 61405, Nov. 30, 1994, as amended at 60 FR 61814, Dec. 1, 1995; 64 FR 58308, Oct. 28, 1999; 65 FR 65690, Nov. 1, 2000; 68 FR 75428, Dec. 31, 2003]
§§ 674.6-674.7 [Reserved]
§ 674.8 Program participation agreement.
To participate in the Federal Perkins Loan program, an institution shall enter into a participation agreement with the Secretary. The agreement provides that the institution shall use the funds it receives solely for the purposes specified in this part and shall administer the program in accordance with the Act, this part and the Student Assistance General Provisions regulations, 34 CFR part 668. The agreement further specifically provides, among other things, that—
(a) The institution shall establish and maintain a Fund and shall deposit into the Fund—
(1) FCC received under this subpart;
(2) Except as provided in paragraph (a)(1) of §674.7—
(i) ICC equal to at least three-seventeenths of the FCC described in paragraph (a)(1) of this section in award year 1993–94; and
(ii) ICC equal to at least one-third of the FCC described in paragraph (a)(1) of this section in award year 1994–95 and succeeding award years;
(3) ICC equal to the amount of FCC described in paragraph (a)(1) of §674.7 for an institution that has been granted permission by the Secretary to participate in the ELO under the Federal Perkins Loan program;
(4) Payments of principal, interest, late charges, penalty charges, and collection costs on loans from the Fund;
(5) Payments to the institution as the result of loan cancellations under section 465(b) of the Act;
(6) Any other earnings on assets of the Fund, including the interest earnings of the funds listed in paragraphs (a)(1) through (4) of this section net of bank charges incurred with regard to Fund assets deposited in interest-bearing accounts; and
(7) Proceeds of short-term no-interest loans made to the Fund in anticipation of collections or receipt of FCC.
(b) The institution shall use the money in the Fund only for—
(1) Making loans to students;
(2) Administrative expenses as provided for in 34 CFR 673.7;
(3) Capital distributions provided for in section 466 of the Act;
(4) Litigation costs (see §674.47);
(5) Other collection costs, agreed to by the Secretary in connection with the collection of principal, interest, and late charges on a loan made from the Fund (see §674.47); and
(6) Repayment of any short-term, no-interest loans made to the Fund by the institution in anticipation of collections or receipt of FCC.
(c) The institution shall submit an annual report to the Secretary containing information that determines its cohort default rate that includes—
(1) For institutions in which 30 or more of its current or former students first entered repayment in an award year—
(i) The total number of borrowers who first entered repayment in the award year; and
(ii) The number of those borrowers in default by the end of the following award year; or
(2) For institutions in which less than 30 of its current or former students entered repayment in an award year—
(i) The total number of borrowers who first entered repayment in any of the three most recent award years; and
(ii) The number of those borrowers in default before the end of the award year immediately following the year in which they entered repayment.
(d)(1) If an institution determines not to service or collect a loan, the institution may assign its rights to the loan to the United States without recompense at the beginning of a repayment period; or
(2) If a loan is in default despite due diligence on the part of the institution in collecting the loan, the institution may assign its rights to the loan to the United States without recompense.
(e) To assist institutions in collecting outstanding loans, the Secretary provides to an institution the names and addresses of borrowers or other information relevant to collection which is available to the Secretary.
(f) The institution shall provide the loan information required by section 463A of the HEA to a borrower.
(Approved by the Office of Management and Budget under control number 1845–0019)(Authority: 20 U.S.C. 1087cc, 1087cc–1, 1094)
[52 FR 45747, Dec. 1, 1987, as amended at 53 FR 49147, Dec. 6, 1988; 57 FR 32344, July 21, 1992; 59 FR 61407, 61415, Nov. 30, 1994; 61 FR 60396, Nov. 27, 1996; 64 FR 58315, Oct. 28, 1999]
§ 674.9 Student eligibility.
Link to an amendment published at 71 FR 45697, Aug. 9, 2006.
A student at an institution of higher education is eligible to receive a loan under the Federal Perkins Loan program for an award year if the student—
(a) Meets the relevant eligibility requirements contained in 34 CFR 668.32;
(b) Is enrolled or accepted for enrollment as an undergraduate, graduate, or professional student at the institution, whether or not engaged in a program of study abroad approved for credit by the home institution;
(c) Has financial need as determined in accordance with part F of title IV of the HEA. A member of a religious order (an order, community, society, agency, or organization) who is pursuing a course of study at an institution of higher education is considered to have no financial need if that religious order–
(1) Has as its primary objective the promotion of ideals and beliefs regarding a Supreme Being;
(2) Requires its members to forego monetary or other support substantially beyond the support it provides; and
(3) Directs the member to pursue the course of study or provides subsistence support to its members;
(d) Has received for that award year, if an undergraduate student—
(1) A SAR as a result of applying for a grant under the Federal Pell Grant Program; or
(2) A preliminary determination of eligibility or ineligibility for a Federal Pell Grant by the institution's financial aid administrator after applying for a SAR with a Federal Pell Grant Processor;
(e) Is willing to repay the loan. Failure to meet payment obligations on a previous loan is evidence that the student is unwilling to repay the loan;
(f) Provides to the institution a driver's license number, if any, at the time of application for the loan;
(g)(1) In the case of a borrower whose prior loan under title IV of the Act was discharged after a final determination of total and permanent disability, obtains a certification from a physician that the borrower is able to engage in substantial gainful activity;
(2) Signs a statement acknowledging that any new Federal Perkins or NDSL the borrower received cannot be discharged in the future on the basis of any present impairment, unless that condition substantially deteriorates; and
(3) In the case of a borrower whose previous loan under title IV of the HEA was discharged due to a total and permanent disability on or after July 1, 2001 and before July 1, 2002, meets the requirements of (g)(1) and (g)(2) of this section. If the borrower applies for another loan within three years from the date the borrower became totally and permanently disabled, as certified by the physician, the borrower must reaffirm the previously discharged loan before receiving the new loan; and
(h) In the case of a borrower whose previous loan under title IV of the HEA was conditionally discharged based on an initial determination that the borrower was totally and permanently disabled, the borrower must—
(1) Comply with the requirements of paragraphs (h)(1) and (h)(2) of this section; and
(2) Sign a statement acknowledging that—
(i) The loan that has been conditionally discharged prior to a final determination of total and permanent disability cannot be discharged in the future on the basis of any impairment present when the borrower applied for a total and permanent disability discharge or when a new loan is made, unless that impairment substantially deteriorates; and
(ii) Collection activity will resume on any loan in a conditional discharge period, as described in §674.61(b)(9).
(i) Does not have any loans under title IV of the HEA on which collection activity has been suspended based on a conditional determination that the borrower was totally and permanently disabled. If a borrower applies for a loan under title IV of the HEA during the conditional discharge period described in §§674.61(b), 682.402(c), or 685.213(a), the suspension of collection activity must be ended before the borrower becomes eligible to receive any additional loans.
(j) In the case of a borrower who is in default on a Federal Perkins Loan, NDSL or Defense loan, satisfies one of the conditions contained in §674.5(c)(3)(i) or (ii) except that—
(1) For purposes of this section, voluntary payments made by the borrower under paragraph (i) of this section are those payments made directly by the borrower; and
(2) Voluntary payments do not include payments obtained by Federal offset, garnishment, or income or asset execution.
(k) For purposes of this section, reaffirmation means the acknowledgment of the loan by the borrower in a legally binding manner. The acknowledgement may include, but is not limited to, the borrower—
(1) Signing a new promissory note or new repayment agreement; or
(2) Making a payment on the loan.
(Authority: 20 U.S.C. 1087aa, 1087dd, and 1091)
[52 FR 45747, Dec. 1, 1987, as amended at 59 FR 61407, 61415-61416, Nov. 30, 1994; 60 FR 34167, June 30, 1995; 62 FR 50847, Sept. 26, 1997; 64 FR 58309, Oct. 28, 1999; 65 FR 65690, Nov. 1, 2000; 66 FR 44006, Aug. 21, 2001; 67 FR 67076, Nov. 1, 2002]
§ 674.10 Selection of students for loans.
(a)(1) An institution shall make loans under this part reasonably available, to the extent of available funds, to all students eligible under §674.9 but shall give priority to those students with exceptional financial need.
(2) The institution shall define exceptional financial need for the purpose of the priority described in paragraph (a)(1) of this section and shall develop procedures for implementing that priority.
(b) If an institution's allocation of Federal Capital Contribution is directly or indirectly based in part on the financial need demonstrated by students attending the institution as less-than-full-time or independent students, a reasonable portion of the dollar amount of loans made under this part must be offered to those students.
(c) The institution shall establish selection procedures and these procedures must be—
(1) In writing;
(2) Uniformly applied; and
(3) Maintained in the institution's files.
(Approved by the Office of Management and Budget under control number 1845–0019)(Authority: 20 U.S.C. 1087cc and 1087dd)
[52 FR 45747, Dec. 1, 1987, as amended at 53 FR 49147, Dec. 6, 1988; 59 FR 61407, Nov. 30, 1994; 64 FR 58292, 58315, Oct. 28, 1999]
§ 674.11 [Reserved]
§ 674.12 Loan maximums.
(a) The maximum annual amount of Federal Perkins Loans and NDSLs an eligible student may borrow is—
(1) $4,000 for a student who is enrolled in a program of undergraduate education; and
(2) $6,000 for a graduate or professional student.
(b) The aggregate unpaid principal amount of all Federal Perkins Loans and NDSLs received by an eligible student may not exceed—
(1) $20,000 for a student who has successfully completed two years of a program leading to a bachelor's degree but who has not received the degree;
(2) $40,000 for a graduate or professional student; and
(3) $8,000 for any other student.
(c) The maximum annual amounts described in paragraph (a) of this section and the aggregate maximum amounts described in paragraph (b) of this section may be exceeded by 20 percent if the student is engaged in a program of study abroad that is approved for credit by the home institution at which the student is enrolled and that has reasonable costs in excess of the home institution's cost of attendance.
(d) For each student, the maximum annual amounts described in paragraphs (a) and (c) of this section, and the aggregate maximum amounts described in paragraphs (b) and (c) of this section, include any amounts borrowed previously by the student under title IV, part E of the HEA at any institution.
(Authority: 20 U.S.C. 1087dd)
[59 FR 61407, Nov. 30, 1994, as amended at 64 FR 58309, Oct. 28, 1999]
§ 674.13 Reimbursement to the Fund.
(a) The Secretary may require an institution to reimburse its Fund in an amount equal to that portion of the outstanding balance of—
(1) A loan disbursed by the institution to a borrower in excess of the amount that the borrower was eligible to receive, as determined on the basis of information the institution had, or should have had, at the time of disbursement; or
(2) Except as provided in paragraph (b) of this section, a defaulted loan with regard to which the institution failed—
(i) To record or retain the loan note in accordance with the requirements of this part;
(ii) To record advances on the loan note in accordance with the requirements of this part; or
(iii) To exercise due diligence in collecting in accordance with the requirements of this part.
(b) The Secretary does not require an institution to reimburse its Fund for the portion of the outstanding balance of a defaulted loan described in paragraph (a)(2) of this section—
(1) That the institution—
(i) Recovers from the borrower or endorser; or
(ii) Demonstrates, to the Secretary's satisfaction, would not have been collected from the borrower even if the institution complied in a timely manner with the due diligence requirements of subpart C of this part; or
(2) On which the institution obtains a judgment.
(c) An institution that is required to reimburse its Fund under paragraph (a) of this section shall also reimburse the Fund for the amount of the administrative cost allowance claimed by the institution for that portion of the loans to be reimbursed.
(d) An institution that reimburses its Fund under paragraph (a) of this section thereby acquires for its own account all the right, title and interest of the Fund in the loan for which reimbursement has been made.
(Approved by the Office of Management and Budget under control number 1845–0019)(Authority: 20 U.S.C. 1087dd–1087hh)
[52 FR 45747, Dec. 1, 1987, as amended at 59 FR 61407, Nov. 30, 1994; 64 FR 58315, Oct. 28, 1999; 65 FR 65614, Nov. 1, 2000]
§§ 674.14-674.15 [Reserved]
§ 674.16 Making and disbursing loans.
Link to an amendment published at 71 FR 45697, Aug. 9, 2006.
(a)(1) Before an institution makes its first disbursement to a student, the student shall sign the promissory note and the institution shall provide the student with the following information:
(i) The name of the institution and the address to which communications and payments should be sent.
(ii) The principal amount of the loan and a statement that the institution will report the amount of the loan to a national credit bureau at least annually.
(iii) The stated interest rate on the loan.
(iv) The yearly and cumulative maximum amounts that may be borrowed.
(v) An explanation of when repayment of the loan will begin and when the borrower will be obligated to pay interest that accrues on the loan.
(vi) The minimum and maximum repayment terms which the institution may impose and the minimum monthly repayment required.
(vii) A statement of the total cumulative balance owed by the student to that institution, and an estimate of the monthly payment amount needed to repay that balance.
(viii) Special options the borrowers may have for loan consolidation or other refinancing of the loan.
(ix) The borrower's right to prepay all or part of the loan, at any time, without penalty, and a summary of the circumstances in which repayment of the loan or interest that accrues on the loan may be deferred or canceled including a brief notice of the Department of Defense program for repayment of loans on the basis of specified military service.
(x) A definition of default and the consequences to the borrower, including a statement that the institution may report the default to a national credit bureau.
(xi) The effect of accepting the loan on the eligibility of the borrower for other forms of student assistance.
(xii) The amount of any charges collected by the institution at or prior to the disbursement of the loan and any deduction of such charges from the proceeds of the loan or paid separately by the borrower.
(xiii) Any cost that may be assessed on the borrower in the collection of the loan including late charges and collection and litigation costs.
(2) The institution shall provide the information in paragraph (a)(1) of this section to the borrower in writing—
(i) As part of the written application material;
(ii) As part of the promissory note; or
(iii) On a separate written form.
(b)(1) Except as provided in paragraphs (c) and (f) of this section, an institution shall advance in each payment period a portion of a loan awarded for a full academic year.
(2) The institution shall determine the amount advanced each payment period by the following fraction:
Where Loan Amount = the total loan awarded for an academic year and N = the number of payment periods that the institution expects the student will attend in that year.
(3) An institution may advance funds, within each payment period, at such time and in such amounts as it determines best meets the student's needs.
(c) If a student incurs uneven costs or resources during an academic year and needs additional funds in a particular payment period, the institution may advance loan funds to the student for those uneven costs.
(d)(1) The institution shall disburse funds to a student or the student's account in accordance with 34 CFR 668.164.
(2) The institution shall ensure that each loan is supported by a legally enforceable promissory note as proof of the borrower's indebtedness.
(3) If the institution uses a Master Promissory Note (MPN), the institution's ability to make additional loans based on that MPN will automatically expire upon the earliest of—
(i) The date the institution receives written notification from the borrower requesting that the MPN no longer be used as the basis for additional loans;
(ii) Twelve months after the date the borrower signed the MPN if no disbursements are made by the institution under that MPN; or
(iii) Ten years from the date the borrower signed the MPN or the date the institution receives the MPN, except that a remaining portion of a loan may be disbursed after this date.
(e) The institution shall advance funds to a student in accordance with the provisions of §668.164.
(f)(1) The institution shall return to the Fund any amount advanced to a student who, before the first day of classes—
(i) Officially or unofficially withdraws; or
(ii) Is expelled.
(2) A student who does not begin class attendance is deemed to have withdrawn.
(g) Only one advance is necessary if the total amount the institution awards a student for an academic year under the Federal Perkins Loan program is less than $501.
(h) An institutional official may not, without prior approval from the Secretary, obtain a student's power of attorney to endorse any check used to disburse loan funds.
(i)(1) An institution must report to at least one national credit bureau—
(i) The amount and the date of each disbursement;
(ii) Information concerning the repayment and collection of the loan until the loan is paid in full; and
(iii) The date the loan was repaid, canceled, or discharged for any reason.
(2) An institution must promptly report any changes to information previously reported on a loan to the same credit bureaus to which the information was previously reported.
(Approved by the Office of Management and Budget under control number 1845–0019)(Authority: 20 U.S.C. 1987cc, 1087cc–1, 1087dd, 1091 and 1094)
[52 FR 45747, Dec. 1, 1987, as amended at 53 FR 49147, Dec. 6, 1988; 59 FR 61408, Nov. 30, 1994; 59 FR 61722, Dec. 1, 1994; 60 FR 34433, June 30, 1995; 60 FR 61814, Dec. 1, 1995; 61 FR 60608, Nov. 29, 1996; 64 FR 58309, Oct. 28, 1999; 67 FR 67076, Nov. 1, 2002]
§ 674.17 Federal interest in allocated funds—transfer of Fund.
(a) If an institution responsible for a Federal Perkins Loan fund closes or no longer wants to participate in the program, the Secretary directs the institution to take one of the following steps to protect the outstanding loans and the Federal interest in that Fund:
(1) A capital distribution of the liquid assets of the Fund according to section 466(c) of the Act.
(2) The assignment of the outstanding loans to the United States.
(b) An institution that assigns outstanding loans under this paragraph relinquishes its interest in those loans.
(Authority: 20 U.S.C. 1087cc, 1087ff), and (1087hh)
[52 FR 45747, Dec. 1, 1987, as amended at 59 FR 61415, Nov. 30, 1994; 60 FR 61814, Dec. 1, 1995; 67 FR 67076, Nov. 1, 2002]
§ 674.18 Use of funds.
(a) General. An institution shall deposit the funds it receives under the Federal Perkins Loan program into its Fund. It may use these funds only for making loans and the other activities specified in §674.8(b).
(b) Transfer of funds. (1) An institution may transfer up to 25 percent of the sum of its initial and supplemental Federal Perkins Loan allocations for an award year to the Federal Work-Study program or Federal Supplemental Educational Opportunity Grant program, or to both.
(2) An institution may transfer up to the total of the sum of its initial and supplemental Federal Perkins Loan allocations for an award year to the Work-Colleges program.
(3) An institution shall use transferred funds according to the requirements of the program to which they are transferred.
(4) An institution shall report any transferred funds on the Fiscal Operations Report required under §674.19(d).
(5) An institution shall transfer back to the Federal Perkins Loan program any funds unexpended at the end of the award year that it transferred to the FWS program, the FSEOG program, or the Work-Colleges program from the Federal Perkins Loan program.
(Authority: 20 U.S.C. 1087cc, 1087dd, and 1096)
[52 FR 45747, Dec. 1, 1987, as amended at 57 FR 32345, July 21, 1992; 59 FR 61408, 61415, Nov. 30, 1994; 61 FR 60396, Nov. 27, 1996]
§ 674.19 Fiscal procedures and records.
(a) Fiscal procedures. (1) In administering its Federal Perkins Loan program, an institution shall establish and maintain an internal control system of checks and balances that ensures that no office can both authorize payments and disburse funds to students.
(2)(i) A separate bank account for Federal funds is not required, except as provided in paragraph (b) of this section.
(ii) An institution shall notify any bank in which it deposits Federal funds of the accounts into which those funds are deposited by—
(A) Ensuring that the name of the account clearly discloses the fact that Federal funds are deposited in the account; or
(B) Notifying the bank, in writing, of the names of the accounts in which it deposits Federal funds. The institution shall retain a copy of this notice in its files.
(3)(i) The institution shall ensure that the cash balances of the accounts into which it deposits Federal Perkins Loan Fund cash assets do not fall below the amount of Fund cash assets deposited in those accounts but not yet expended on authorized purposes in accordance with applicable title IV HEA program requirements, as determined from the records of the institution.
(ii) If the cash balances of the accounts at any time fall below the amount described in paragraph (a)(3)(i) of this section, the institution is deemed to make any subsequent deposits into the accounts of funds derived from other sources with the intent to restore to that amount those Fund assets previously withdrawn from those accounts. To the extent that these institutional deposits restore the amount previously withdrawn, they are deemed to be Fund assets.
(b) Account for Perkins Loan Fund. An institution shall maintain the funds it receives under this part in accordance with the requirements in §668.163.
(c) Deposit of ICC into Fund. An institution shall deposit its ICC into its Fund prior to or at the same time it deposits any FCC.
(d) Records and reporting. (1) An institution shall establish and maintain program and fiscal records that are reconciled at least monthly.
(2) Each year an institution shall submit a Fiscal Operations Report plus other information the Secretary requires. The institution shall insure that the information reported is accurate and shall submit it on the form and at the time specified by the Secretary.
(e) Retention of records—(1) Records. An institution shall follow the record retention and examination provisions in this part and in 34 CFR 668.24.
(2) Loan records. (i) An institution shall maintain a repayment history for each borrower. This repayment history must show the date and amount of each repayment over the life of the loan. It must also indicate the amount of each repayment credited to principal, interest, collection costs, and either penalty or late charges.
(ii) The history must also show the date, nature, and result of each contact with the borrower in the collection of an overdue loan. The institution shall include in the repayment history copies of all correspondence to or from the borrower, except bills, routine overdue notices, and routine form letters.
(3) Period of retention of repayment records. An institution shall retain repayment records, including cancellation and deferment requests, for at least three years from the date on which a loan is assigned to the Department of Education, canceled, or repaid.
(4) Manner of retention of promissory notes and repayment schedules. An institution shall keep the original promissory notes and repayment schedules until the loans are satisfied. If required to release original documents in order to enforce the loan, the institution must retain certified true copies of those documents.
(i) An institution shall keep the original paper promissory note or original paper Master Promissory Note (MPN) and repayment schedules in a locked, fireproof container.
(ii) If a promissory note was signed electronically, the institution must store it electronically and the promissory note must be retrievable in a coherent format.
(iii) After the loan obligation is satisfied, the institution shall return the original or a true and exact copy of the note marked “paid in full” to the borrower, or otherwise notify the borrower in writing that the loan is paid in full, and retain a copy for the prescribed period.
(iv) An institution shall maintain separately its records pertaining to cancellations of Defense, NDSL, and Federal Perkins Loans.
(v) Only authorized personnel may have access to the loan documents.
(Approved by the Office of Management and Budget under control number 1845–0019)(Authority: 20 U.S.C. 1087cc, 1087hh, 1094, and 1232f)
[52 FR 45747, Dec. 1, 1987, as amended at 53 FR 49147, Dec. 6, 1988; 57 FR 32345, July 21, 1992; 59 FR 61408, 61415, Nov. 30, 1994; 59 FR 61722, Dec. 1, 1994; 60 FR 61814, Dec. 1, 1995; 61 FR 60492, Nov. 27, 1996; 62 FR 50847, Sept. 26, 1997; 64 FR 58315, Oct. 28, 1999; 67 FR 67076, Nov. 1, 2002]
§ 674.20 Compliance with equal credit opportunity requirements.
(a) In making a loan, an institution shall comply with the equal credit opportunity requirements of Regulation B (12 CFR part 202).
(b) The Secretary considers the Federal Perkins Loan program to be a credit assistance program authorized by Federal law for the benefit of an economically disadvantaged class of persons within the meaning of 12 CFR 202.8(a)(1). Therefore, the institution may request a loan applicant to disclose his or her marital status, income from alimony, child support, and spouse's income and signature.
(Approved by the Office of Management and Budget under control number 1845–0019)(Authority: 20 U.S.C. 1087aa–1087hh)
[52 FR 45747, Dec. 1, 1987, as amended at 53 FR 49147, Dec. 6, 1988; 59 FR 61415, Nov. 30, 1994; 64 FR 58315, Oct. 28, 1999]
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