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ECFR 218 Survivors Discharge 

Qualifying Loan Types 

  • Direct Subsidized Loan 
  • Direct Unsubsidized Loan 
  • Direct Plus Loan 
  • Direct Consolidation Loan 
  • Direct Consolidation Loans 

Qualifying Origination Dates 

  • All origination dates qualify 

Requirements 

Must establish that the eligible public servant or eligible victim was present at the World Trade Center in New York City, New York, at the Pentagon in Virginia, or at the Shanksville, Pennsylvania site at the time of the terrorist-related aircraft crashes or in the immediate aftermath of these crashes such as 

  • Records of employment 
  •  Contemporaneous records of a federal, state, city, or local government agency;  
  •  An affidavit or declaration of the eligible public servant’s or eligible victim’s employer; or  
  • A sworn statement regarding the presence of the eligible public servant or eligible victim at the site. 

Eligibility 

Served as a police officer, firefighter, other safety or rescue personnel, or as a member of the Armed Forces; and 

  1. Died due to injuries suffered in the terrorist attacks on September 11, 2001; or  
  1. Became permanently and totally disabled due to injuries suffered in the terrorist attacks on September 11, 2001. 

Limitations on discharge. 

  • Only outstanding Direct Subsidized Loans, Direct Unsubsidized Loans, Direct PLUS Loans and Direct Consolidation Loans for which amounts were owed on September 11, 2001, or outstanding Direct Consolidation Loans incurred to pay off loan amounts that were owed on September 11, 2001, are eligible for discharge under this section. 
  • The spouse of an eligible public servant or eligible victim may not receive a discharge under this section if the eligible public servant or eligible victim has been identified as a participant or conspirator in the terrorist-related aircraft crashes on September 11, 2001. 

*FFEL Program Loan and Perkins Loans may be eligible for Survivor Discharge through other Forgiveness programs. 

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