Boston Student Loan Lawyer

If you recall, the Obama administration launched a student loan initiative several months ago. One prong of this initiative was to accelerate the date on which “improved” Income-Based Repayment (IBR) was slated to take effect.

IBR, if you don’t know, is a fantastic repayment program for federal student loans where borrowers pay approximately 15% of their income towards their federal student loans, and whatever remains of the loan balance after 25 years is forgiven. The “new and improved” IBR (which is now being called “ICR-A”) would reduce monthly payments to 10% of discretionary of income and would reduce the repayment period to 20 years. This is a fantastic improvement. Of course, not everyone is eligible.

Last week, the U.S. Department of Education released new regulations governing who is eligible for this “new” IBR (aka, ICR-A). Here’s what the new regs say:

• You must have had no outstanding federal student loans as of October 1, 2007, AND
• You must have received a new federal student loan on or after October 1, 2011

This effectively cuts out many borrowers, unfortunately, which makes sense since the program is designed primarily for “new” borrowers. Moreover, the way the regulations are written, consolidation loans will not be sufficient to qualify someone for the new IBR program if the borrower did not already meet the above criteria prior to the consolidation. That said, this is a new, great option for students who will be graduating in the coming years and meet the eligibility criteria.

I’ve blogged about Income-Based Repayment (IBR) several times over the past couple of years. It’s a fantastic program for federal student loan borrowers, where your monthly payment is calculated as a percentage of your adjusted gross income, regardless of how much you owe. For many borrowers, it’s the only affordable payment plan available.

Borrowers who are on IBR will see their payments adjusted annually based on income changes, which makes sense given that the plan is income-sensitive. In the past, the Dept. of Education would automatically keep borrowers on IBR and would simply get updated income information directly from the Internal Revenue Service. As I’ve blogged about extensively, since the Dept. of Education has outsourced federal loan servicing to private contractors, there have been numerous problems recently where borrowers are being kicked off of IBR because these servicers are no longer automatically getting income information from the IRS.

The bottom line seems to be this: for most people who have federal loans and are on IBR, you are going to have to affirmatively re-apply for IBR on an annual basis in order to avoid being kicked off and placed on the Standard repayment plan. Sometimes, the servicers will not even send you notice; you have to keep track of everything yourself. I have confirmed this with at least two servicers: www.MyEdAccount.com andwww.MyFedLoan.org (which handles borrowers potentially eligible for Public Service Loan Forgiveness). I do not know if this is the case for other servicers (such as Mohela), but I would bet it is. You should find out when your IBR “year” is up by contacting your servicer, and then plan ahead by submitting the appropriate forms and income documentation before your year is up.

Following my recent article about the new federal student loan servicer arbitrarily kicking borrowers off of IBR, I have been receiving lots of emails from you all about your experiences. Thank you! The National Consumer Law Center (NCLC) is working hard to try to get the Department of Education to fix these problems.

Please keep the stories coming! Every single one is helpful. If you’ve experienced problems with the new federal student loan servicer (www.myedaccount.com), let me know. Please provide the following info:

1. A detailed description of the problems you experienced, as well as your attempts to correct them.
2. Your name and occupation.
3. Whether you are willing to share your name and email address with the Dept. of Education (through NCLC’s efforts to collect stories and correct the problems).
4. Whether you are willing to speak directly with the Dept. of Education, with NCLC’s support, about your specific experiences.

Again, thank you all, this is enormously helpful.

Income Based Repayment (IBR) is one of the most beneficial programs for federal student loan borrowers. The basic premise is that no matter how much you owe in federal student loans, your monthly payment will be calculated based on a small percentage of your annual adjusted gross income. After 25 years of payments, whatever balance remains will be forgiven by the federal government. If you work in public service, that repayment period can be dropped to only 10 years under the Public Service Loan Forgiveness Program.

Recently, the Obama administration announced a new student loan initiative that purported to change IBR in a real, concrete, beneficial way. Unfortunately, these changes do not apply to everyone, and there’s been a lot of confusion out there about what the benefits are, and who is eligible to receive them. Let me try to clarify things.

Old-School IBR. Under the current IBR plan (which is still a fairly new program, so I have mixed feelings about calling it “old school”), payments are capped at 15% of your discretionary income, and any remaining balance is forgiven after 25 years of payments (10 years if you work in public service). Anyone who has federal Direct or FFEL loans can qualify for IBR (but only Direct loans can be forgiven for working in public service).

New-School IBR. The original legislation that created IBR provided for an IBR “improvement” in 2014. That improvement would lower the payment cap to 10% of annual adjusted gross income, and reduce the repayment period to only 20 years of payments (the 10-year public service loan forgiveness program remains the same). What the Obama administration did this year was to bump up the IBR improvement date so that it takes effect in 2012, instead of 2014.

The Catch. There’s always a catch, isn’t there? Unfortunately, not everyone is going to be eligible for the New-School IBR; in fact, most people aren’t. In order to be eligible, students must have first borrowed federal student loans in 2008 or later, and also must borrow a federal student loan in 2012. This effectively cuts out from eligibility most graduates prior to the class of 2012.

The Tiny Silver Lining. The regulations governing New-School IBR have not yet been written, so nothing is necessarily set in stone. But all indications (so far) say that New-School IBR will generally not benefit people who are already out of school and in repayment.

Income-based repayment (“IBR”) is a relatively new option available for federal student loan borrowers, and it can save you literally thousands of dollars. Unfortunately, many people who are still paying off their student loans don’t know about this program. Even if you are currently on a different repayment plan, you may be able to switch.

IBR is exactly what it sounds like it is: repayment plan that is based on your income; specifically, your adjusted gross income (AGI). The Department of Education uses a formula to calculate your monthly payment that takes into account your AGI, your family size, and your total federal student debt, and comes up with an payment amount for you that is generally between 10-15% of your monthly income, even if you have a large loan balance.

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