established by the Secretary, including but not limited to

(1) For an origination option 1 school, eligibility under paragraph (a)(2) of this section, the timely submission of completed and signed promissory notes and accurate origination and disbursement records, and the successful completion of reconciliation on a monthly basis; and

(ii) For an origination option 2 school, the criteria and performance standards required of origination option 1 schools and accurate and timely drawdown requests.

(3) The change in origination status becomes effective when the school receives notice of the Secretary's approval, unless the Secretary specifies a later date.

(d) Origination by consortia. A consortium of schools may participate under origination options 1 or 2 only if all members of the consortium are eligible to participate under paragraph (a)(2) of this section. All provisions of this section that apply to an individual school apply to a consortium.

(e) School determination of change of Servicer. (1) The Secretary assigns one or more Servicers to work with a school to perform certain functions relating to the origination and servicing of Direct Loans.

a

(2) A school may request the Secto designate different retary Servicer. Documentation of the unsatisfactory performance of the school's current Servicer must accompany the request. The Servicer requested must be one of those approved by the Secretary for participation in the Direct Loan Program.

(3) The Secretary grants the request if the Secretary determines that

(1) The claim of unsatisfactory performance is accurate and substantial; and

(ii) The Servicer requested by the school accommodate can change.

the

Secretary's approval, unless the Secretary specifies a later date.

(Authority: 20 U.S.C. 1087a et seq.)

APPENDIX A TO PART 685-INCOME CONTINGENT REPAYMENT

Examples of the Calculation of Monthly
Repayment Amounts

Example 1. A single borrower with $12,500 of Direct Loans, 8.25 percent interest rate, and an adjusted gross income (AGI) of $22,791.

Step 1: Determine annual payments based on what the borrower would pay over 12 years using standard amortization. To do this, multiply the principal balance by the constant multiplier for 8.25 percent interest (0.1315452). The constant multiplier is a factor used to calculate amortized payments at a given interest rate over a fixed period of time. (See the constant multiplier chart below to determine the constant multiplier you should use for the interest rate on the loan. If the exact interest rate is not listed, use the next highest for estimation purposes.)

0.1315452x12,500=1,644.315

Step 2: Multiply the result by the income percentage factor shown in the income percentage factor table that corresponds to the borrower's income (if the income is not listed, you can calculate the applicable income percentage factor by following the instructions under the interpolation heading below): 80.33% (0.8033)×1,644.315=1,320.8782

Step 3: Determine 20 percent of discretionary income. For a single borrower, subtract the poverty level for a family of one, as published in the FEDERAL REGISTER March 10, 1997 (62 FR 10856), from the borrower's income and multiply the result by 20%:

$22,791-$7,890=$14,901 $14,901×0.20=$2,980.20

on

Step 4: Compare the amount from step 2 with the amount from step 3. The lower of the two will be the borrower's annual payment amount. This borrower will be paying the amount calculated under step 2. To determine the monthly repayment amount, divide the annual amount by 12.

Step 2 Determine the annual payments based on what the couple would pay over 12 years using standard amortization. To do this, multiply the aggregate principal balance by the constant multiplier for 8.25 percent interest (0.1315452). (See the constant multiplier chart to determine the constant multiplier you should use for the interest rate on the loan. If the exact interest rate is not listed, choose the next highest rate for estimation purposes.)

0.1315452×20,000=2,630.904

Step 3 Multiply the result by the income percentage factor shown in the income percentage factor table that corresponds to the couple's income (if the income is not listed, you can calculate the applicable income percentage factor by following the instructions under the interpolation heading below):

87.61% (0.8761)×2,630.904=2,304.9350

Step 4 Determine 20 percent of the couple's discretionary income. To do this, subtract the HHS poverty level for a family of 2, as published in the FEDERAL REGISTER on March 10, 1997 (62 FR 10856), from the couple's income and multiply the result by 20 percent:

$28,627-$10,610=$18,017 $18,017×0.20=$3,603.40

Step 5 Compare the amount from step 3 with the amount from step 4. The lower of the two will be the annual payment amount. The married borrowers will be paying the amount calculated under step 3. To determine the monthly repayment amount, divide the annual amount by 12.

2,304.9350+12=$192.08

Interpolation: If your income does not appear on the income percentage factor table, you will have to calculate the income percentage factor through interpolation. For example, assume you are single and your income is $26,000. To interpolate, you must first find the interval between the closest income listed that is less than $26,000 and the closest income listed that is greater than $26,000 (for this discussion, we'll call the result "the income interval"):

$28,627-$22,791=$5,836

Next, find the interval between the two income percentage factors that are given for these incomes (for this discussion, we'll call the result, the "income percentage factor interval"):

88.77-80.33=8.44

Subtract the income shown on the chart that is immediately less than $26,000 from $26,000: $26,000-$22,791=$3,209

Divide the result by the number representing the income interval:

$3,209+$5,836=0.5499

Multiply the result by the income percentage factor interval:

0.5499x8.444.64

Add the result to the lower income percentage factor used to calculate the income percentage factor interval for $26,000 in income: 4.64+80.33-84.97%

The result is the income percentage factor that will be used to calculate the monthly repayment amount under the income contingent repayment plan.