Federal Dad or mum PLUS loans will not be immediately eligible for income-driven reimbursement plans. Nonetheless, there are two loopholes involving consolidation of Dad or mum PLUS loans that may make them eligible for income-contingent reimbursement or all income-driven reimbursement plans.
The second, which is named the scholar mortgage double-consolidation loophole, will finish on July 1, 2025.
Eligibility for Earnings Contingent Compensation
If a Dad or mum PLUS mortgage is included in a Federal Direct Consolidation Mortgage and the borrower entered reimbursement on or after July 1, 2006, the consolidation mortgage is eligible for the income-contingent reimbursement (ICR) plan. [34 CFR 685.208(a)(2)]
The Dad or mum PLUS mortgage just isn’t immediately eligible for any income-driven reimbursement plan. The consolidation mortgage can also be not eligible for some other income-driven reimbursement plan. [34 CFR 685.209(a)(1)(ii), 34 CFR 685.209(c)(1)(ii) and 34 CFR 685.221(a)(2)]
These rules observe the statutory language within the Larger Schooling Act of 1965 [20 USC 1087e(d)(1)(D) and (E)], which specifies that the income-contingent reimbursement (ICR) plan is “not out there to the borrower of a Federal Direct PLUS mortgage made on behalf of a dependent scholar” and the income-based reimbursement (IBR) plan just isn’t “out there to the borrower of a Federal Direct PLUS Mortgage made on behalf of a dependent scholar or a Federal Direct Consolidation Mortgage, if the proceeds of such mortgage have been used to discharge the legal responsibility on such Federal Direct PLUS Mortgage or a [FFEL PLUS Loan] made on behalf of a dependent scholar.”
All income-driven reimbursement plans are based mostly on the statutory authority for ICR or IBR.
How Double Consolidation Works
If a borrower consolidates a consolidation mortgage that repaid a Dad or mum PLUS Mortgage, generally the income-driven reimbursement plans will likely be out there to the brand new consolidation mortgage as a result of the mortgage servicer just isn’t conscious that the consolidation mortgage initially got here from a Dad or mum PLUS Mortgage. The unique kind of mortgage will get misplaced when the loans are consolidated for the second time.
The U.S. Division of Schooling has maintained that this double-consolidation just isn’t eligible for an income-driven reimbursement plan, as it’s opposite to the intent of Congress. Nonetheless, they’ve been unable to implement their interpretation of the regulation and rules due to insufficient monitoring of the unique kind of the loans that have been consolidated.
Double consolidation is a multi-step course of.
- The borrower should consolidate their Dad or mum PLUS loans with two completely different servicers. To do that, they need to submit paper consolidation mortgage functions. (In the event that they consolidate on-line, the 2 consolidation loans will likely be merged.)
- Two consolidation loans are essential to allow the borrower to later consolidate the consolidation loans collectively.
- The borrower ought to embody a request for the income-contingent reimbursement plan with these consolidation mortgage functions to forestall the consolidation mortgage functions from being rejected due to a failure to specify a reimbursement plan.
- The borrower should await affirmation that the consolidation loans are full earlier than consolidating once more. This sometimes takes 30-45 days.
- The borrower should consolidate the 2 consolidation loans with a 3rd servicer. This consolidation will be completed on-line at StudentAid.gov. One should use a brand new servicer as a result of the opposite two servicers are conscious that the borrower consolidated Dad or mum PLUS loans. The brand new consolidation mortgage will then have misplaced the tag exhibiting the origin of the consolidation mortgage as together with a Dad or mum PLUS Mortgage.
- Usually, one must wait 180 days earlier than consolidating a consolidation mortgage, as in any other case the loans could be merged into one of many present consolidation loans. Utilizing a 3rd servicer bypasses this limitation.
The Finish of the Scholar Mortgage Double-Consolidation Loophole
The new income-driven reimbursement plan rules, which have been revealed within the Federal Register on July 10, 2023, eradicate the double-consolidation loophole efficient July 1, 2025.
Specifically, the U.S. Division of Schooling specifies on web page 43836 of quantity 88, quantity 130 of the Federal Register:
“The Division is taking some extra steps on this closing rule to affirm our place concerning the remedy of dad or mum PLUS loans or Direct consolidation loans that repaid a dad or mum PLUS mortgage being solely eligible for the ICR plan. Up to now, limitations in Division information might have enabled a dad or mum PLUS mortgage that was consolidated after which re-consolidated to enroll in any IDR plan, regardless of the Division’s place that such loans are solely eligible for the ICR plan.
The Division won’t undertake this clarification for debtors on this scenario at the moment on an IDR plan as a result of we don’t assume it will be acceptable to take such a profit away. On the identical time, the Division is conscious that numerous debtors have consolidated or are within the means of consolidating in response to current administrative actions, together with the restricted PSLF waiver and the one-time fee depend adjustment.
As a result of a few of these debtors could also be together with dad or mum PLUS loans in these consolidations with out understanding that they would wish to exclude that mortgage kind to keep away from complicating their future IDR eligibility, we will likely be making use of this clarification for any Direct Consolidation mortgage made on or after July 1, 2025.”
“Adjustments: We added § 685.209(c)(5)(iii) to offer {that a} Direct Consolidation mortgage made on or after July 1, 2025, that repaid a dad or mum PLUS mortgage or repaid a consolidation mortgage that at any level paid off a dad or mum PLUS mortgage just isn’t eligible for any IDR plan besides ICR.”
Sensible Ideas
There may be enough time for present Dad or mum PLUS Mortgage debtors who’re in reimbursement to reap the benefits of the double-consolidation loophole earlier than it’s eradicated.
As of March 31, 2023, as many as a complete of $111.7 billion in Dad or mum PLUS loans to three.7 million debtors might doubtlessly have the ability to use the double-consolidation loophole.
If a borrower of a Dad or mum PLUS Mortgage makes use of the double-consolidation loophole to change into the REPAYE plan, they are going to mechanically be switched into the SAVE plan when it turns into out there.
Dad or mum PLUS Loans and Federal Direct Consolidation Loans that embody Dad or mum PLUS Loans are eligible for Public Service Mortgage Forgiveness.
