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Final Rule Limits Public Service Loan Forgiveness Qualifying Employer
Action Alert
The U.S. Department of Education (ED) finalized a new rule that restricts which employers qualify for Public Service Loan Forgiveness (PSLF), potentially targeting activities that are not illegal, but go against the Administration's policies The final rule is set to take effect on July 1, 2026.  Immediately following the final rule announcement, there have been litigation efforts announced challenging ED.

Key Changes for PSLF Borrowers

1. New Exclusion Criteria for Qualifying Employers

  • The final rule excludes employers engaging in activities with a “substantial illegal purpose.” Those activities are:
    • Terrorism
    • Immigration violations
    • Child abuse (including certain medical procedures)
    • Illegal discrimination
    • State tort violations
  • Borrowers employed by such organizations will no longer earn qualifying PSLF credit for service performed after the effective date of the employer’s disqualification.

2. Impact on Borrowers

  • If your employer loses eligibility under the new rule, your PSLF qualifying months after the effective date of disqualification will not count toward forgiveness.
  • You’ll need to move to employment with an eligible (lawful public service) employer to continue accumulating credit.

Key Changes for PSLF Employers

  • ED will make a determination of disqualification based on the preponderance of the evidence; conclusive proof via court judgment, plea, or admission of wrongdoing 
  • Employers will also be required to confirm no engagement in illegal activity; failure to certify will lead to disqualification unless corrected with an approved plan
  • Employers found in violation could later regain eligibility in two ways:
    1.  After a 10-year disqualification period from the date of determination; or
    2. Upon approval of an ED–approved corrective action plan.

 

 

 

 

 

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