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20 U.S.C. § 1087ffDistribution of assets from student loan funds

submitted 40 years ago by Pub. L. 89-329 to r/title-20-EDUCATION · 447 words · no verdicts yet

in plain englishAI-generated · not legal advice

Beginning October 1, 2017, each institution must distribute its student loan fund’s balance between the Secretary and the institution. Later principal and interest collections are divided in the same proportion, after specified collection-litigation costs are deducted.

(a) Beginning October 1, 2017, each institution must distribute its student loan fund balance as of September 30, 2017. (1) The Secretary first receives the same fraction of the balance as the Secretary’s Federal capital contributions bear to the total of Federal and institutional contributions. (2) The institution receives the rest. (b) Beginning October 1, 2017, an institution with an agreement under this part must pay the Secretary the same fraction of principal and interest it receives after September 30, 2017, on loans made from that fund. The amount is calculated after deducting litigation costs incurred to collect the principal or interest that have not already been reimbursed by the fund or those payments. (c) Excess capital. (1) Before October 1, 2017, if the institution or the Secretary finds that the fund’s liquid assets exceed what will be needed for loans or other purposes in the foreseeable future, the fund may make a capital distribution after notice and subject to applicable regulations or agreement limits. (A) The Secretary first receives the same fraction of the distribution as the Secretary’s Federal contributions bear to all Federal and institutional contributions. (B) The institution receives the rest. (2) No such finding may be made until two years after the institution received funds from its allocation under section 1087bb.
the actual law source: uscode.house.gov ↗public domain
(a) In general

Beginning October 1, 2017, there shall be a capital distribution of the balance of the student loan fund established under this part by each institution of higher education as follows:

(1)

The Secretary shall first be paid an amount which bears the same ratio to the balance in such fund at the close of September 30, 2017, as the total amount of the Federal capital contributions to such fund by the Secretary under this part bears to the sum of such Federal contributions and the institution’s capital contributions to such fund.

(2)

The remainder of such balance shall be paid to the institution.

(b) Distribution of late collections

Beginning October 1, 2017, each institution with which the Secretary has made an agreement under this part, shall pay to the Secretary the same proportionate share of amounts received by this institution after September 30, 2017, in payment of principal and interest on student loans made from the student loan fund established pursuant to such agreement (which amount shall be determined after deduction of any costs of litigation incurred in collection of the principal or interest on loans from the fund and not already reimbursed from the fund or from such payments of principal or interest), as was determined for the Secretary under subsection (a).

(c) Distribution of excess capital
(1)

Upon a finding by the institution or the Secretary prior to October 1, 2017, that the liquid assets of a student loan fund established pursuant to an agreement under this part exceed the amount required for loans or otherwise in the foreseeable future, and upon notice to such institution or to the Secretary, as the case may be, there shall be, subject to such limitations as may be included in regulations of the Secretary or in such agreement, a capital distribution from such fund. Such capital distribution shall be made as follows:

(A)

The Secretary shall first be paid an amount which bears the same ratio to the total to be distributed as the Federal capital contributions by the Secretary to the student loan fund prior to such distribution bear to the sum of such Federal capital contributions and the capital contributions to the fund made by the institution.

(B)

The remainder of the capital distribution shall be paid to the institution.

(2)

No finding that the liquid assets of a student loan fund established under this part exceed the amount required under paragraph (1) may be made prior to a date which is 2 years after the date on which the institution of higher education received the funds from such institution’s allocation under section 1087bb of this title.

Source credit: (Pub. L. 89–329, title IV, § 466, as added Pub. L. 99–498, title IV, § 405(a), Oct. 17, 1986, 100 Stat. 1453; amended Pub. L. 102–325, title IV, § 466, July 23, 1992, 106 Stat. 584; Pub. L. 103–208, § 2(f)(15), Dec. 20, 1993, 107 Stat. 2471; Pub. L. 105–244, title IV, § 466, Oct. 7, 1998, 112 Stat. 1728; Pub. L. 110–84, title V, § 501, Sept. 27, 2007, 121 Stat. 801; Pub. L. 114–105, § 2(b), Dec. 18, 2015, 129 Stat. 2220.)

history & why it existsrecord from the source credit
  • 1986Enacted · Pub. L. 89-329 · 100 Stat. 1453
  • 1992Amended · Pub. L. 102-325 · 106 Stat. 584
  • 1993Amended · Pub. L. 103-208 · 107 Stat. 2471
  • 1998Amended · Pub. L. 105-244 · 112 Stat. 1728
  • 2007Amended · Pub. L. 110-84 · 121 Stat. 801
  • 2015Amended · Pub. L. 114-105 · 129 Stat. 2220

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-329 on 1986-10-17.

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