Attorney Student Loan Repayment Program

Attorney Student Loan Repayment Program

Frequently Asked Questions

These supplies complement the ASLRP Policy and aren’t meant to include all doable related info. Attorneys contemplating requesting participation within the ASLRP ought to learn the Policy in its entirety for full particulars on the Program. The hyperlinks under are to common headings and are meant to assist information readers to the subject of curiosity – there are a lot of questions inside the common headings that aren’t particularly listed within the bullets under.

A. General Information

  • What is the ASLRP?
  • How and when do I request consideration?
  • Who ought to I contact for info?
  • How will I be notified?
  • If I’m chosen, what are my tasks?
  • When are funds made, and to whom?
  • Who do I contact if I’ve issues with my cost?
  • Is the ASLRP cost mirrored on my W-2 Form?
  • Why do I’ve to submit renewal requests as soon as I’m chosen?
  • Are there different student loan reimbursement applications inside DOJ?

B. Attorney Eligibility

  • Who can obtain ASLRP advantages?
  • Does each lawyer obtain ASLRP funding?
  • How do I take advantage of the component-specific elements listed in Appendix A?
  • May I apply if I don’t meet the component-specific elements (Appendix A) or my element didn’t listing any elements?
  • I’m an Assistant US Attorney. Which “component-specific factors” apply to me?
  • Participation in different loan reimbursement applications
  • Disqualifiers

C. Loan Eligibility

  • What sorts of loans qualify for the Attorney Student Loan Repayment Program?
  • What are examples of the loans that qualify beneath the student loan reimbursement program?
  • Are loans that had been bought or offered by the unique holder eligible for cost?
  • How does the Department cope with loans that had been consolidated with a partner’s student loans?

D. The Department’s Plan

  • Program Intent
  • Selection Process
  • Benefit Amounts
    • I used to be permitted for $6000 and a lesser quantity was paid to my loan holder. What occurred?
  • Matching Funds Provisions
  • Tax Consequences
  • Receiving Future Payments (Renewals)
  • Effect of Lateral Moves

E. Service Agreements

  • Minimum service obligation
  • Extensions primarily based on continued receipt of advantages
  • Obligation to reimburse the Department if service obligation not met / waivers of indebtedness
  • Impact of durations in a non-pay or depart with out pay standing
    • Absence as a consequence of uniformed service or compensable damage

F. Agency Reports and Records

  • Annual Reports to OPM
  • Reporting funds to the IRS

A. General Information

1. What is the lawyer student loan reimbursement program (ASLRP)?

The ASLRP is an company program primarily based on 5 U.S.C. § 5379. The Department of Justice agrees to repay sure sorts of Federal student loans as a recruitment or retention incentive for extremely certified attorneys in change for a service obligation of three years. To obtain ASLRP, the lawyer should qualify, the lawyer’s student loans should qualify, and all statutory necessities should be met. Federal companies have a big diploma of discretion in structuring student loan reimbursement applications. The Department’s coverage requires a minimal combination loan stability of $10,000 to initially qualify. The ASLRP is meant as a complement to the person lawyer’s loan reimbursement obligations, not in its place subsequently. The Department matches funds rendered by the person lawyer, as much as a most of $6,000. Attorneys with annual base salaries under the “matching funds” threshold (see ASLRP Policy, Appendices D and E for particulars) routinely qualify for the utmost cost with out consideration of the quantity they paid. However, as soon as an lawyer’s annual base wage reaches the “matching funds” threshold, the Department considers the quantity of annual loan repayments rendered by the person when figuring out the ASLRP profit. The ASLRP contemplates that attorneys will proceed making private funds towards their federal student loans whereas taking part in this system – failure to take action might end in disqualification.

2. How and when do I request consideration?

Attorneys at the moment employed by the Department or those that have accepted gives of employment who haven’t but entered on obligation (e.g., incoming Honors Program attorneys; lateral hires) might request consideration for ASLRP utilizing the procedures defined within the Department’s coverage. An eligibility worksheet designed to help attorneys decide whether or not they’re eligible, and varieties for use when requesting consideration are additionally posted. Each lawyer requesting consideration for ASLRP should submit a request, with correct documentation, by means of his or her element, for evaluate and processing. A Department-level panel makes remaining alternatives. The Department makes ASLRP alternatives every year, typically within the May/June time interval.

3. Who ought to I contact for info?

Some elements/workplaces/bureaus have recognized a particular one that is answerable for managing the ASLRP. Select the “Where to Submit Your Request” hyperlink to evaluate the listing of contacts. If no particular individual is recognized, contact your supervisory chain for directions.

If, after studying all revealed supplies rigorously, you continue to have a query, it’s possible you’ll ship your inquiry to OARM by e-mail at [email protected] Be positive to listing the coverage provisions that you’re asking about so OARM can focus its response. OARM has an especially restricted workers and can’t take time to personally temporary every applicant. OARM displays this e-mail handle from March by means of remaining distribution of funds (typically September).

4. How will I be notified?

OARM sends private notifications to attorneys chosen for participation and confirms their response.  This consists of “new” contributors in addition to attorneys who’re renewing participation in the course of the second and third yr of their service obligation.  Once alternatives are remaining, OARM notifies the Component ASLRP contacts, who’re answerable for notifying assigned attorneys who submitted requests for consideration.  OARM additionally posts a common replace on the principle ASLRP webpage advising that alternatives are full. 

5.  If I’m chosen, what are my tasks?

Attorneys chosen for the ASLRP should learn the Policy in its entirety. Paragraph Ok of the coverage comprises a non-exclusive listing of particular tasks. Remaining eligible for future advantages is a person accountability. The ASLRP requires attorneys chosen for the motivation profit to proceed making funds on their qualifying federal student loans if there’s a stability remaining.

6. When are funds made, and to whom?

All funds are topic to the supply of funds, as decided within the sole discretion of the Department. The Department points one loan reimbursement per chosen lawyer annually. Historically, the Department points renewal funds for present contributors in June and points funds for brand new recipients not later than September (or upon entry on obligation for these arriving after September thirtieth). Payments are issued on to the loan holder(s) listed within the “Request for Consideration” or “Request for Renewal of Incentive Payments” type. Attorneys with a couple of loan should rank loan holders so as of cost desire.

7. Who do I contact if I’ve issues with my cost?

First, your ASLRP cost (the complete quantity awarded) can be listed as a part of your Earning and Leave assertion in the course of the pay interval it’s issued. Payment is distributed immediately from the Finance Center to your loan holder. Only the after-tax quantity is issued to the loan holder. Due to the CARES Act and supplemental laws, as much as $5250 in ASLRP funds issued to DOJ attorneys can be tax exempt by means of December 31, 2026. If your cost is just not credited to your qualifying student loan in a well timed method, please evaluate your Earning and Leave statements to substantiate that cost was issued, then contact your loan holder. If the matter is just not resolved, it is best to contact your element’s ASLRP Point of Contact or the JMD Finance Staff for help in submitting an inquiry with the Finance Center and/or monitoring the cost.

8.  Is the ASLRP cost mirrored on my W-2 Form?

Yes.  For tax functions, ASLRP funds are thought of earnings. However, as a consequence of the CARES Act and supplemental laws, as much as $5250 in ASLRP funds issued to DOJ attorneys can be tax exempt by means of December 31, 2026. The cost is mirrored in your DOJ Earning and Leave assertion within the month it’s issued and is included in your annual W-2 type.

9.  Why do I’ve to submit renewal requests as soon as I’m chosen?

The annual renewal paperwork and related cost historical past permits the Department to substantiate {that a} cost was really obtained by the loan holder, utilized correctly solely to qualifying loans, and to watch compliance with coverage necessities. An annual evaluate of every recipient’s cost historical past permits recipients to take acceptable corrective motion when wanted to make sure continuity of funds and ensures the Department complies with statutory necessities.  It additionally facilitates identification of recipients who fail to finish service obligations so recoupment may be initiated.

10.  Are there different student loan reimbursement applications inside DOJ?

Each DOJ element has impartial authority to supply student loan reimbursement as a recruitment or retention incentive pursuant to DOJ Order 1200.1 (Human Resources), Chapter 12.  Attorneys chosen for the ASLRP who obtained loan repayments from DOJ by means of one other program should report the gross quantity of funds to OARM for inclusion within the statutory most quantity that could be awarded by the Department.  Service obligations related to a non-ASLRP loan reimbursement program (e.g., one supplied by a U.S. Attorney’s Office) might run concurrently with a service obligation related to the ASLRP. 

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B. Attorney Eligibility

1. Who is eligible to obtain lawyer student loan reimbursement advantages?

Under the Department’s coverage, any worker serving in or being employed to serve in an lawyer place who has qualifying Federal student loans totaling at the least $10,000, and who can execute a three-year service settlement, might request consideration. There are some attorneys who’re excluded by legislation (e.g., political appointees) and others who, due to the kind of appointment they maintain, can not meet the minimal statutory service obligation of three years. These people aren’t eligible. Attorneys could also be eligible to obtain loan reimbursement incentives except they fall into one of many following classes:

  • Non-permanent staff, together with these on Schedule B appointments or different time period appointments with lower than three years remaining earlier than the appointments expire;
  • Political appointees, or attorneys occupying a place which is excepted from the aggressive service due to its confidential, policy-determining, policy-making, or coverage advocating character (i.e., staff serving beneath Schedule C appointments);
  • Those serving on element from different companies (e.g., Special Assistant U.S. Attorneys or these on short-term or time restricted appointments).

Temporary staff who’re serving on appointments resulting in conversion to time period or everlasting appointments (e.g., new Honors Program attorneys serving on 14-month short-term appointments who had been employed for everlasting positions) could also be eligible to obtain loan reimbursement incentives, however are topic to reimbursement provisions if discovered unsuitable in the course of the background investigation course of or if they don’t obtain everlasting standing (e.g., fail the bar). Regular time period appointments should be at the least three years in length (e.g., the recipient should be capable to meet the minimal three-year statutory service obligation at time of choice).

2. Does each eligible lawyer routinely obtain ASLRP funding?

No. Available funding doesn’t allow the Department to award ASLRP funding to all eligible attorneys. Each yr, the Department selects new recipients for taking part within the ASLRP, topic to availability of funds.

3. How do I take advantage of the component-specific elements listed in Appendix A?

5 CFR § 537.105 requires a willpower that DOJ attorneys receiving student loan reimbursement incentives be recognized as extremely or uniquely certified, or meet a particular division want. 

Any DOJ worker assigned to an lawyer place might request consideration for the ASLRP by submitting a justification packet (see Initial Request for Consideration type and Justification Form on the ASLRP foremost web page). The lawyer’s justification should be ample for the Department to seek out that the lawyer is very or uniquely certified or meets a particular Department want. 

DOJ elements might, at their discretion, establish sure elements and related elements of recruitment/retention problem to function pointers for his or her attorneys when crafting their justification.

4.  May I apply if component-specific elements (Appendix A) aren’t relevant to me or my element didn’t listing elements?

Yes. Your justification should be ample for the Department to seek out that you’re extremely or uniquely certified or meet a particular Department want.  The justification might, however is just not required to, handle component-specific elements listed on Appendix A of the ASLRP coverage, if relevant.  The justification template is posted on the principle ASLRP net web page.  Appendix B of the ASLRP coverage lists the elements of recruitment or retention problem.

5. I’m an Assistant US Attorney. Which “component-specific factors” apply to me?

AUSAs might solely use elements designated as relevant for U.S. Attorney’s Offices. These are consolidated on the finish of the listings posted in Appendix A. Please observe that elements listed in Appendix A as belonging to the “Civil Division” or the “Criminal Division” check with positions within the Main Justice litigating elements, not a part of a USAO and aren’t relevant to AUSAs.

6. My legislation college additionally gives student loan repayments. If I’m taking part in that program, can I nonetheless qualify for ASLRP?

Yes, however you possibly can solely request consideration for loans that stay excellent and should not obtain twin compensation for a similar loan quantity. For instance, you probably have present student loans totaling $50,000, and your legislation college repays $10,000 in your behalf, it is best to advise the Department that you’ve got solely $40,000 of student loan debt. Also, it’s your accountability to prioritize the loans that you really want repaid in your behalf to make sure that funds issued by the Department and your legislation college don’t exceed the quantity of present debt. If you obtained loan repayments from one other Federal company, it’s essential to disclose the quantity to the Department.

6. What can disqualify attorneys from the ASLRP?

a. The Department can not authorize a loan reimbursement for a student loan that was beforehand repaid. Student loan repayments could also be paid just for excellent student loans. See 5 U.S.C. § 5379(b)(3).

b. The Department can not conform to repay any future student loans. The Department might agree solely to make funds on these student loans taken out previous to the student loan reimbursement settlement. See 5 U.S.C. § 5379(b)(1).

c. The Department can not supply a student loan reimbursement profit to recruit a person from one other Federal company. The intent of the statute is to assist companies recruit people for Federal service, not for companies to compete with each other for workers. Thus, the Department might not use this authority to recruit present Federal staff from different companies. Honors Program attorneys serving as Federal judicial clerks previous to entry on obligation don’t fall beneath this prohibition.

d. The Department might not supply a student loan reimbursement profit to retain an lawyer prone to depart for a place in one other Federal company. The Department might not supply to repay a student loan for an lawyer who’s prone to depart for any place in any department of the Federal Government. See 5 CFR § 537.105(c).

e. Attorneys who can not serve the minimal service obligation (three years) can not qualify for the ASLRP. Accordingly, entry-level attorneys employed for 2-year fellowships or 1-2 yr clerkships aren’t eligible. There is a statutory requirement for a minimal 3-year service dedication. An lawyer chosen to obtain ASLRP should agree, in writing, to stay with the Department for a interval of not lower than 3 years, except involuntarily separated. See 5 U.S.C. § 5379(c)(1). Term staff should have at the least 3 years left on their appointments to be eligible. See 5 CFR § 537.104(b).

f. The Department is not going to approve ASLRP advantages for a father or mother who bears a PLUS loan obligation for his son or daughter. The Department’s coverage limits eligibility to loans taken out by the lawyer and used to pay the lawyer’s bills (no third-party loans).

g. Attorneys who’ve defaulted on their student loans aren’t eligible for this program. The Department coverage excludes attorneys in default from participation.

h. The lawyer should have a minimal combination qualifying federal student loan debt stability of $10,000 to initially qualify for ASLRP (not relevant to renewal requests).

i. Attorneys who obtained lower than a “fully successful” ranking on the latest efficiency analysis report beneath Part 430 of Title 5, CFR (or equal degree of efficiency beneath the relevant efficiency administration system), or who engaged in misconduct or who’ve been topic to disciplinary motion inside the previous three years, or are the topic of a efficiency or conduct primarily based motion, are topic to restrictions on their participation within the ASLRP and may evaluate the Policy for extra detailed info.

j.  Attorneys who, after choice for the ASLRP, fail to make private funds to qualifying loans or allow their loan holder to droop automated debit funds to their qualifying loans could also be disqualified from receiving additional advantages.

okay.  Attorneys who, after choice for the ASLRP, consolidate all their qualifying loans into non-public loans are now not eligible.  By legislation, ASLRP funds will not be paid on behalf of personal loans.

l.  Attorneys who, after choice for the ASLRP, fail to adjust to ASLRP insurance policies, could also be disqualified from receiving additional funding.

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C. Loan Eligibility

1. What sorts of loans qualify for the Attorney Student Loan Repayment Program?

Only sure sorts of student loans qualify. Qualifying student loans are loans made, insured, or assured beneath elements B, D, or E of title IV of the Higher Education Act of 1965; or a well being training help loan made or insured beneath half A of title VII of the Public Health Service Act, or beneath half E of title VIII of that Act. Loan eligibility is established by statute (5 U.S.C. § 5379), regulation (5 CFR § 537.102), and Department coverage (loans should have been taken out by the lawyer and used to pay for prices incurred by that lawyer). Qualifying loans can embody:

  • Stafford Loans
  • Supplemental Loans
  • Federal Consolidation Loans
  • Defense Loans (made earlier than July 1, 1972)
  • National Direct Student Loans (made between 7/1/72 and seven/1/87)
  • William D. Ford Direct Student Loans
  • Perkins Loans
  • The Nursing Student Loan Program loans
  • The Health Profession Student Loan Program loans
  • The Health Education Assistance Loan Program loans
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For extra info, see the ASLRP Policy, paragraph C.

2. What are examples of the loans that qualify beneath the student loan reimbursement program?

Loans made or insured beneath the Higher Education Act of 1965 embody the next:

Federal Family Education Loans (FFEL)
Subsidized Federal Stafford Loans
Unsubsidized Federal Stafford Loans

Federal Consolidation Loans Federal Graduate PLUS Loans (Note:  Federal PLUS loans taken out by a father or mother/guardian for a dependent student don’t qualify for ASLRP)

William D. Ford Direct Loan Program (Direct Loans)
Direct Subsidized Stafford Loans
Direct Unsubsidized Stafford Loans
Direct Subsidized Consolidation Loans
Direct Unsubsidized Consolidation Loans

Federal Perkins Loan Program
National Defense Student Loans (made earlier than July 1, 1972)
National Direct Student Loans (made between July 1, 1972, and July 1, 1987)
Perkins Loans (made after July 1, 1987)

Loans made or insured beneath the Public Health Service Act embody the next:
Loans for Disadvantaged Students (LDS)
Primary Care Loans (PCL)
Nursing Student Loans (NSL)
Health Professions Student Loans (HPSL)
Health Education Assistance Loans (HEAL)

3. Are loans that had been bought or offered by the unique holder eligible for cost?

Loans bought or offered by the unique holder are eligible for cost, assuming the opposite circumstances of the rules are met and the loans stay qualifying loans as outlined by statute.  However, loans which are consolidated into non-public loans don’t qualify, even when they originated as a Direct,  Perkins, or FFEL loan. Loans should proceed to satisfy the statutory pointers that outline qualifying loans.

4. How does the Department cope with loans that had been consolidated with a partner’s student loans?

Provided the newly consolidated loan is a qualifying loan, attorneys who consolidate their qualifying loans with a partner’s loans ought to present documentation displaying the greenback quantity every get together held on the time of consolidation and calculate what share of the brand new mixed loan is attributable to every individual. The Department will then have a look at the present loan stability, and, primarily based on the share attributable to the lawyer requesting participation, will set up that portion because the “loan balance” eligible for reimbursement.

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D. The Department’s Plan

1. What is the intent of the ASLRP?

The ASLRP is meant to cut back debt related to federal student loans. It is a complement to, not an alternative choice to, the person loan reimbursement obligation established between attorneys and lenders. The coverage requires ASLRP contributors to proceed making usually scheduled private loan repayments on their qualifying federal student loans.

2. How are attorneys chosen for participation within the ASLRP?

Under 5 CFR § 537.103, every company should set up a plan that designates the officers who’re licensed to evaluate and approve gives of student loan reimbursement advantages. The Department coverage establishes a senior-level panel to manage and oversee ASLRP (hereafter the Program Administration Panel). The Program Administration Panel membership consists of: the Associate Attorney General (Chair); the Director, OARM; the Director, EOUSA; the DAAG (Human Resources/Administration), JMD; the DAAG (Office of the Controller), JMD; and an AAG of one of many Department elements (rotated each two years). Decisions of the Program Administration Panel on collection of beneficiaries are remaining and aren’t topic to attraction. The Panel evaluations all requests for consideration and selects new attorneys annually, topic to availability of funds.

3. What are the profit quantities beneath the ASLRP?

The Department has established a cost ceiling, per lawyer, of as much as $6,000 per calendar yr, topic to a cumulative lifetime most of $60,000, in line with the provisions of P.L. 108-123 (November 11, 2003). When figuring out the quantity to repay on a recipient’s behalf, the Department will match the annual quantity that the recipient pays on his or her qualifying Federal student loans (as much as the utmost of $6,000 per calendar yr). There is an exception for recipients whose annual base salaries are lower than $92,500 – these people will routinely obtain the annual most reimbursement quantity with out consideration of the quantity they individually paid on their federal student loans in the course of the previous calendar yr. Amounts paid by the Department on the lawyer’s behalf by means of the ASLRP aren’t included when figuring out how a lot the lawyer paid towards his or her federal student loans.

The Department retains the discretion to tailor its program to satisfy budgetary and coverage wants. All ASLRP funds are topic to the supply of funds as decided within the Department’s sole discretion. The Department’s coverage requires attorneys to request consideration annually, even when at the moment taking part in this system, and to stay eligible, as outlined within the Department’s coverage.

a. I used to be awarded $6000 and a lesser quantity was paid to my loan holder. What occurred?

ASLRP funds are topic to relevant taxes and withholdings, that are deducted previous to cost. Please evaluate the knowledge on tax penalties, under.  Please additionally observe that as a consequence of the CARES Act and supplemental laws, as much as $5250 in ASLRP funds issued to DOJ attorneys can be tax exempt by means of December 31, 2026.

4. What are the “matching funds” provisions?

This time period refers back to the Department’s coverage of matching funds rendered by the person lawyer on qualifying federal student loans. There is a threshold annual base wage that triggers the impact of this coverage. (See ASLRP Policy, Appendices D and E for particulars and the present “matching funds” threshold.)  Attorneys incomes lower than the “matching funds” threshold will obtain the utmost funding licensed by the Department and not using a greenback for greenback comparability of the quantity they individually paid on their federal student loans. However, if the lawyer earns that quantity or extra, then the Department will have a look at the loan funds she or he made within the previous calendar yr (January by means of December), and can match that quantity, as much as $6,000. Please observe that attorneys initially permitted for an ASLRP cost lower than $6,000 as a result of matching funds coverage might improve their private funds to be eligible for the next ASLRP cost (as much as $6,000) in the course of the second or third yr of an present service obligation. For detailed info, see the ASLRP coverage, Appendix E.

5. Are there tax penalties related to receipt of ASLRP advantages?

Yes. Payments issued by the Department by means of the ASLRP are thought of earnings, and are topic to relevant taxes and withholdings. Although a student loan cost is paid on to the loan holder on behalf of the lawyer, the cost is nonetheless includable within the lawyer’s gross earnings and wages for Federal employment tax functions. Consequently, the Department will withhold and pay employment taxes from the loan cost. The relevant employment taxes embody Federal earnings taxes withheld from wages (and, the place acceptable, State and native earnings taxes), and the lawyer’s share of Social Security and Medicare taxes. Tax withholdings can be deducted or utilized on the time any loan cost is made. (See 5 CFR 537.106(a).)  However, as a consequence of the CARES Act and supplemental laws, as much as $5250 in ASLRP funds issued to DOJ attorneys can be tax exempt by means of December 31, 2026. 

6. Once an lawyer is chosen for the ASLRP, will she or he obtain future funds? If so, what’s the affect on the prevailing service obligation?

Once an lawyer is permitted for ASLRP advantages, there’s a rebuttable presumption that the lawyer will proceed to obtain funding in the course of the second and third years of the 3-year service obligation topic to the “matching funds” provisions, continued eligibility, and availability of funds as decided solely within the discretion of the Department. Continued receipt of ASLRP advantages throughout an present service obligation (e.g., the second and third years of a three-year service obligation) is not going to set off an extension of the service settlement. At the tip of the three-year interval, attorneys searching for addition loan repayments should recompete for choice with new requesters and, if chosen, enter into a brand new three-year service obligation. The Department and an ASLRP recipient might mutually agree to switch an present service settlement, topic to the restrictions of 5 C.F.R. § 537.106(c)(2), to offer extra student loan reimbursement advantages with out the necessity for a completely new service settlement (which might require a brand new 3-year minimal service interval); nevertheless, the choice whether or not to supply this selection to a particular yr group can be made by the Panel yearly – it will not be individually requested. Such modifications embody however aren’t restricted to the opportunity of cost will increase, or the extension of advantages past the 3-year service obligation in change for a yr by yr extension of the service settlement.

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Renewal in this system is just not automated. Attorneys chosen for the ASLRP in a previous yr should submit a “Request for Renewal of Incentive Payments” yearly, even whereas serving an present service obligation (e.g., years 2 and three of the preliminary Service Agreement). The renewal request is used to determine persevering with eligibility, confirm correct distribution of prior funds, and decide the cost quantity for that fiscal yr.

7. What is the affect of transferring to a distinct place inside the Department after being chosen for the ASLRP?

Lateral strikes inside the Department following preliminary choice for the ASLRP don’t have an effect on continued eligibility throughout an present service obligation.

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E. Service Agreements

1. What is the minimal interval of service the Department might require an lawyer to satisfy so as to obtain ASLRP advantages?

By legislation, a service requirement should be set for a time period not lower than 3 years. (See 5 U.S.C. § 5379(c)(1)(A).) Agencies might require service agreements of greater than 3 years. The Department requires attorneys who want to obtain funds past the preliminary three-year interval to recompete with new requesters and, if chosen, enter into a brand new three-year service obligation.  If re-selected, the brand new service obligation begins the day after the prior service obligation ends.

2. When does the service obligation start and finish?

The efficient date of the preliminary service settlement will start when the primary reimbursement is permitted (typically in July) besides in instances the place the recipient has not but entered on obligation. In these instances, the duty begins upon entry on obligation. There isn’t any credit for federal service or DOJ service accomplished previous to the efficient begin date. The service obligation ends three years from the anniversary of the beginning date, besides when the lawyer has incurred durations of depart with out pay (apart from absences as a consequence of uniformed service or compensable damage) which prolong the service obligation on a day for day foundation.

3. Can a service interval be prolonged in return for continued funds with out triggering a brand new three-year obligation?

Yes, however provided that the Department decides to supply this selection to a whole yr group of ASLRP recipients. In 2006, the Department supplied this selection to attorneys initially chosen in 2003, permitting them to conform to a one-year extension of their service obligations in change for a fourth yr of advantages. The Department is just not at the moment providing that possibility. This possibility will not be requested in lieu of recompetition upon expiration of a service obligation by a person taking part lawyer.

4. May the service requirement be prorated in keeping with the greenback quantity of the student loan reimbursement profit supplied?

No. The minimal service requirement is established in statute and will not be prorated.

5. Is an lawyer required to reimburse the Department for student loan reimbursement advantages obtained if she or he leaves the Department for one more Federal company earlier than completion of the service requirement?

Yes. The Department’s coverage requires reimbursement. This is specified within the service settlement and within the Policy. (See 5 U.S.C. 5379(c)(2) and 5 CFR 537.109(d)(2).)

6. If an lawyer leaves the Department for one more Federal company earlier than completion of the service requirement, is the gaining company obligated to supply loan reimbursement advantages and/or proceed making loan funds?

No. The gaining company is just not obligated to make any loan funds beforehand agreed to by one other company.

7. If I’m chosen for ASLRP in a single yr (triggering the minimal 3-year service settlement) and I request renewal of advantages within the second yr, does the second ASLRP cost set off one other 3-year service obligation?

No. For instance, if an lawyer was initially chosen in FY 2015, the ASLRP cost would have been made in July 2015, triggering an preliminary 3-year service obligation that can expire in July 2018.  Renewal of advantages in FY 2016 and FY 2017 wouldn’t affect on the service obligation.  If, nevertheless, the lawyer recompetes and is reselected for advantages in FY 2018, she or he could be topic to a brand new 3-year service obligation, commencing instantly upon expiration of the primary service obligation and ending in July 2021.

8. If an lawyer fails to finish the service requirement, is she or he topic to the reimbursement necessities?

If an lawyer voluntarily separates from the Department and doesn’t full the phrases of the service settlement, she or he is obligated to reimburse the Department for the total quantity of the loan reimbursement advantages offered (gross earlier than any tax deductions from the loan cost), except requiring restitution is in opposition to fairness and good conscience. For instance, if an lawyer receives $6,000 within the first yr of ASLRP participation, then obtained renewal funds of $6,000 within the second and third years of the unique three-year service obligation, however leaves the Department voluntarily six months earlier than finishing the service obligation, the lawyer should reimburse the Department the total $18,000.

9. If an lawyer fails to finish the service requirement due to incapacity retirement or leaves Federal service due to a disabling situation, is she or he nonetheless topic to the reimbursement necessities?

Any lawyer who doesn’t fulfill the phrases of the service settlement is required to reimburse the Government for all loan funds obtained. However, the Department might waive all or a part of the restoration if it determines it to be in opposition to fairness and good conscience or opposite to the general public curiosity. (See 5 U.S.C. § 5379(c)(3) and 5 CFR § 537.109.)

10. Where is info on waivers of indebtedness discovered?

ASLRP funds are recouped pursuant to DOJ 2030.3C, “Collection of Debts by the Department of Justice.” The ASLRP Administration Panel evaluations waiver requests and makes a suggestion to the deciding official. The authority to resolve ASLRP waivers is held by the Justice Management Division and isn’t delegated to the person Offices, Boards, Bureaus or Divisions. Pursuant to DOJ 2120.4F, “Waiver and Compromise of Claims for Debts Owed to the Department of Justice by its Employees,” the Department might waive, in complete or partly, restoration of ASLRP funds whether it is decided to be in opposition to fairness and good conscience or opposite to the general public curiosity.  Visit the principle ASLRP web page for hyperlinks to detailed details about waivers of indebtedness.

11. What is supposed by “against equity and good conscience”?

The Department is answerable for making its personal willpower relating to what this time period means. The Program Administration Panel will make suggestions regarding these determinations. In making its suggestions, the Panel will have in mind consistency, equity, and the fee to taxpayers of recovering monies owed to the Government.

12. Do durations in a non-pay or depart with out pay standing affect on the tip date of the service obligation? What about absence as a consequence of uniformed service or compensable damage?

Periods of depart with out pay, or different durations throughout which the lawyer is just not in a pay standing, don’t depend towards completion of the requited service interval. The service completion date should be prolonged by the overall period of time spent in non-pay standing. However, as offered by 5 CFR 353.107, absence due to uniformed service or compensable damage is taken into account creditable towards the required service interval.

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F. Agency Reports and Records

1. What are the necessities for Department reviews on the usage of the student loan reimbursement program?

Before March thirty first of every yr, the Department should submit a written report back to the Office of Personnel Management (OPM) stating when the company made student loan funds on behalf of an worker in the course of the earlier fiscal yr (see 5 CFR 537.110). Under 5 U.S.C. 5379(h)(1), every report should include–

1. The variety of staff chosen to obtain advantages;
2. The job classifications of the staff chosen to obtain advantages; and
3. The value to the Federal Government of offering these advantages.

OPM will use this info in its annual report back to Congress on the Department’s use of the student loan reimbursement program.

2. What data should the Department keep?

The Department company should preserve a file of every student loan reimbursement willpower and make such data obtainable for evaluate upon OPM’s request. Records could also be destroyed after 3 years or after OPM formally evaluates this system, whichever comes first.

3. Is the Department answerable for reporting its student loan funds to the Internal Revenue Service?

Yes. Agencies should report back to the IRS the quantity of student loan advantages they’ve offered to an worker.

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