Current through Register Vol. 51, No. 3, September 1, 2024
NECESSITY, FUNCTION, AND CONFORMITY:
KRS 156.611, repealed
and reenacted as
KRS 164.768 by Section 1
of House Bill 74 of the 1988 regular session of the General Assembly,
establishes the math/science incentive loan program and provides that the
Kentucky Higher Education Assistance Authority (authority) may permit deferment
of repayment for cause. This administrative regulation defines "deferment" and
establishes conditions under which specified types of deferments may be
approved by the authority. This amendment is necessary and is intended only to
correct the statutory citation.
Section
1. Definitions. Unless otherwise specified, the words and phrases
used herein shall have the same meaning as set forth in
11 KAR
7:010. "Deferment" means a temporary waiver of the
obligation of a math/science incentive loan recipient to make payments to the
authority, pursuant to one (1) or more promissory notes executed between the
recipient and the authority, which is granted by the authority, for a specified
period of time, upon a showing of cause by the recipient.
Section 2. Request for Deferment. The
recipient must request a deferment in writing by submitting complete and
accurate information on a form prescribed by the authority. The recipient's
submission of a request for deferment shall constitute authorization for the
authority to request and receive such verification of facts represented by the
recipient as may be deemed necessary by the authority.
Section 3. Effect on Repayments. During a
deferment, no principal or interest repayments shall be required but interest
shall continue to accrue on the unpaid principal balance owed by the recipient.
Nothing contained herein shall require the authority to grant a deferment if
such deferment would legally impair the ultimate recovery of the principal and
accrued interest otherwise owed by the recipient. If, during a deferment, the
recipient resumes full-time enrollment in a teacher education program leading
to certification in a critical shortage field at a participating institution or
renders qualified teaching service, then the deferment shall nullify the
commencement of repayment, such that any promissory note so deferred may be
subsequently cancelled in accordance with
KRS 164.768 and
11 KAR
7:010.
Section
4. Types of Deferments. The following deferments may be granted by
the authority:
(1) Enrollment deferment. A
deferment granted to a recipient who is enrolled on at least a half-time basis
at a business school, college, vocational school or school of nursing (as those
terms are defined in
KRS
164.740) in the United States. The recipient
must provide to the authority, at least annually, evidence of such enrollment
on properly completed forms provided by the authority.
(2) Disability deferment. A deferment granted
to a recipient who is temporarily totally disabled and, therefore, unable to
obtain any full-time employment or to attend school; or, a deferment granted to
a recipient who is unable to obtain any full-time employment or attend school
due to the temporary total disability of the recipient's spouse who requires
continuous (twenty-four (24) hour) nursing or similar care by the recipient.
For purposes of this deferment, a recipient, or the spouse of a recipient, is
temporarily totally disabled if he/she suffers an injury or illness which
necessitates an extended or indefinite period of recovery which can be expected
to preclude gainful employment or school attendance and, in the case of a
recipient's spouse, he/she is not confined to a hospital, nursing home,
intermediate care facility, or similar institution. The recipient must provide
to the authority a statement from a licensed physician certifying that the
recipient or spouse is temporarily totally disabled in accordance with the
preceding terms and conditions. The recipient is solely responsible for
securing the physician's certifications. This deferment may, at the authority's
discretion, be granted for a period not to exceed three (3) years, subject to
annual review of a physician's certification. After the third year of any
deferment, pursuant to this subsection, the authority may, in its sole
discretion, cancel the debt.
(3)
Unemployment deferment.
(a) A recipient
seeking, but unable to obtain, a qualified teaching service position within six
(6) months following completion of a qualified teacher education program at a
participating institution may be granted a single deferment for a period not to
exceed one (1) year. The recipient must have applied for a qualified teaching
service position with at least three (3) public school districts and must not
have refused an offer of employment in a qualified teaching service position in
such public school districts or in any other public school districts to which
the recipient may have applied, and must provide the authority a signed
statement which sets forth:
1. The recipient's
current address;
2. The names of
public school districts to which the recipient has applied for qualified
teaching service employment; and
3.
The recipient's agreement to notify the authority when he/she obtains full-time
employment in a qualified teaching service position; or
(b) A recipient seeking, but unable to
obtain, any full-time (at least thirty (30) hours per week) employment may be
granted a single deferment for a period not to exceed one (1) year. The
recipient must provide, on the form prescribed by the authority, a signed
statement which sets forth:
1. The
recipient's current address;
2.
Certification that the recipient has registered with a public or private
employment agency, if one is accessible, specifying the name and address of
such agency; and
3. The borrower's
agreement to notify the authority within thirty (30) days of a date upon which
he/she obtains full-time employment. If full-time employment is obtained at any
time during the period of a deferment approved pursuant to this section, such
deferment shall be immediately terminated.
(c) The immediately preceding subsections of
this section are alternative ways to qualify for a single deferment for a
period not to exceed one (1) year. Pursuant to paragraph (a) of this
subsection, a recipient, who is seeking, but unable to obtain, a qualified
teaching service position, may receive a deferment even if employed full-time
in another type of position. Pursuant to paragraph (b) of this subsection, a
recipient, who is not actively seeking a qualified teaching service position,
may receive a deferment only if actively seeking and unable to obtain any type
of full-time employment.
(4) Parenting deferment. A deferment may be
granted by the authority when a recipient interrupts qualified teaching service
or enrollment in a qualified teacher education program at a participating
institution under an approved leave of absence for purposes of rearing a
preschool age child. The borrower must provide to the authority a statement,
signed by an authorized representative of the public school district or
participating institution, evidencing that such a leave of absence has been
approved for the recipient. This deferment shall remain in effect during the
period of the leave of absence not to exceed two (2) years. The recipient is
solely responsible for securing, at least annually, the required verification
of an approved leave of absence.
(5) Hardship deferment. If enrollment in a
teacher education program leading to certification in a critical shortage field
or employment in a qualified teaching service position is temporarily
interrupted due to circumstances beyond the recipient's control, including, but
not limited to, illness, accident or death in the family, after which the
recipient intends to resume such enrollment or qualified teaching service
position, then the authority may determine that a hardship exists and may grant
a single deferment of a period not in excess of one (1) year.
(6) Qualified teaching service deferment.
(a) Deferments may be granted, from time to
time, to a recipient who, due to current employment in a qualified teaching
service position, may reasonably be expected, solely with the passage of six
(6) months or less time, to qualify for cancellation benefits pursuant to
11 KAR
8:010.
(b)
In the event that a recipient has received loans or scholarships from more than
one (1) program administered by the authority, which require a period of
qualified teaching service for repayment or cancellation, and the recipient is
either:
1. Obligated to concurrently make
cash payments on the math/science incentive loan and another such program;
or
2. Performing qualified teaching
service to fulfill the requirement of another such program; then a deferment of
repayment of the math/science incentive loan may be granted during the period
in which the recipient is making payments or performing qualified teaching
service in accordance with the requirements of the other program.
