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2

July 2008 Revisions to Cash Management Regulations

• Changes to CFR 668.164 (c) (d) (g) (h)

• Disbursing of Funds– Direct payments (c)

• Prior year charges (d)

• Late disbursements (g)

• Returning funds (h)

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668.164(c)Direct PaymentsJuly 1, 2008

Final rule expanded regulations governing electronic disbursements of Title IV payment to include– Opening a Bank Account for the student– Stored Value Cards– Similar instruction such as an ATM

• Schools can now establish a policy which requires a student to provide bank account information OR

• Set up a bank account into which the school can deposit credit balances

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Institutional Responsibilities

• Requesting bank account information = No Responsibility

• Direct Action = Responsibilities

– Opening an account for the student/ parent

– “Setting Up” steps to follow

– Assisting the student in opening an account

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Initiating a Bank Account

• The institution must:– (i) Obtain in writing affirmative consent from

the student or parent to open that account– (ii) Before the account is opened, inform the

student or parent of the terms and conditions associated with accepting and using the account

– (iii) Not make any claims against the funds in the account without the written permission of the student or parent

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Initiating a Bank Account (continued)

– (iv) Ensure that the student or parent does not incur any cost

– (v) Ensure that the student has convenient access

– (vi) Wide Usage –not limited to particular vendors and no marketing

– (vii) No credit card or credit instrument– Bank debit card or stored value must be FDIC

insured

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Prior-Year Charges (d)

• Schools are permitted without authorization to use– Current year Title IV funds to satisfy prior year charges for

tuition, fees and contracted room and board up to $200

• The student’s authorization is required to– Use Current year Title IV funds for any other prior year charges

• New Rules– Increases the amount of minor prior year charges which can be

paid using current year aid to a maximum of $200 AND– Removes the provision that allowed for more than $100 in prior year

charges to be paid if payment of that amount did not prevent the student from paying current year charges

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Late Disbursements (g)

New regulations extend the deadline for schools to make a late disbursement

• Extension from 120 days to 180 days

• Late, Late disbursements– No longer an option

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Returning Title IV Funds (h)

• Unclaimed loan funds student and/or parent– Includes uncashed checks– Rejected EFT

• New Regulations adds a time frame for returning funds to appropriate Title IV accounts– No additional attempts

• must return within 45 days of the initial disbursement attempt

– If additional attempts will be made, you have 240 days from the date check issued or EFT transaction was initiated

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July 2008 Revisions to Cash Management Regulations

• Changes to 34 CFR 668.165(a) – Notices & Authorizations

• The Institutions must notify a student of – The amount of funds that they or their parent can expect to

receive under each type of Title IV aid – How and when those funds will be disbursed

• IF those funds include Direct or FFEL Program Funds, the notices must– indicate which funds are subsidized and which are unsubsidized– the student’s or parent’s right to cancel all or a portion of that

loan or disbursement and– the process and deadline by which the borrower is required to

cancel the disbursement.

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668.165(a) Notices and Authorizations

• New regulations– Affirmative Confirmation

• A process by which the school obtains confirmation from the student of the types and amounts of Title IV loans that the student wants for the award year

– Pen and Paper– Electronic

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Disbursement Notice With Affirmative Confirmation

• If an institution uses affirmative confirmation– It has 30 days before and 30 days after crediting the

students’ accounts to notify the student of the right to cancel all or a portion of the loans

• Cancellation– Schools using the Affirmative Confirmation must

cancel and return loan funds if the request is received on the latter of the first day of the payment period OR 14 days after the school sent the right-to cancel notice

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Without Affirmative Confirmation

• Passive Confirmation (assuming borrower’s acceptance of loan funds)– The school has 30 days before and only 7

days after the credit to student’s account to provide notification of Title IV funds

• Cancellation – Schools using Passive Confirmation

• The cancellation request must be received within 30 days of the date the school provided the notice

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668.166 Excess Cash

• Simplified– Eliminating provision of 3% of institution’s

total prior-year drawdown of Title IV funds.– Hold excess cash for a maximum of 7 days if

amount does not exceed 1% of institutions prior year drawdown

– ED updated Student Financial Aid Handbook• Volume 4, Chapter 2

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Student Loan Summit Held

Jackson, Mississippi

May 22, 2008

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Current Environment

• Recent History

• Impact

• Why?---The Perfect Storm

• Recent Legislation

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Recent History

• Exodus of Lenders from FFELP

• Exodus of Lenders from Consolidation Market

• Exodus of Lenders from Private Student Loan Market

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Impact

• Loss of Front-end Pricing Benefits

• Reduced or elimination of Back-end Borrower Benefits

• Reduced Service Levels

• Limited availability to certain sectors and students

• More restricted availability of Private Loans at higher prices

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Why?---The Perfect Storm

• College Cost Reduction and Access Act of 2007—Reduced Margins and Insurance

• Sub Prime Credit Crisis spreads to Student Loans—No liquidity for new loans

“Congress took away half the lender profits and the credit crisis took the other half.”

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Recent Legislation

• HR 5715 Ensuring Continued Access to Student Loans Act of 2008 – May 7 2008– DOE able to act as secondary market for

FFELP– Increased Unsubsidized Stafford Loan Limits

for Undergraduates– PLUS Loan Modifications– Lender of Last Resort Provisions

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$445,733,640 in Original Lender FFELP Loans Originated and Disbursed for MS

between 07/01/06 and 6/30/07

$294,677,442 66%

$799,403 0%

$81,093,101 18%

$69,163,694 16% 2 Year Public

4 Year PrivateNot for Profit

4 Year Public

For Profit

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Guarantors in Mississippi

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$0

$50,000,000

$100,000,000

$150,000,000

$200,000,000

$250,000,000

$300,000,000USA Funds

National Student Loan

TSAC

Texas Guaranted

American Student Assistance

Higher Ed Assistance

Great Lakes

Ed Credit Management

Mo Dept of Higher Ed

Penn Higher Ed

All Sectors – FFEL Loans Originated Between 7/01/06 and 6/30/07

Current Guaranty Agencies Ranked by Dollars Disbursed

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Lenders Respond To Survey

Survey Results

May 22, 2008

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$0

$2,000,000

$4,000,000

$6,000,000

$8,000,000

$10,000,000

$12,000,000

$14,000,000

$16,000,000

$18,000,000

BanCorp South

Regions

TrustMark

ESF

Renasant

Cadance

Hancock

M&F

Keesler

Citizens of PA

Public Two Year Mississippi Schools

Original Lender (Mississippi Based) by Dollars Disbursed Between 7/1/06 and 6/30/07

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Public Two Year Mississippi Schools

$0

$500,000

$1,000,000

$1,500,000

$2,000,000

$2,500,000

Sallie Mae

Citibank

Student Loan Xpress

Chase

EdAmerica

Wachovia

Bank of American

Kentucky Higher Ed

Fifth Third Bank

College Loan Corp

Original Lender (National) by Dollars Disbursed Between 7/1/06 and 6/30/07

$0

$500,000

$1,000,000

$1,500,000

$2,000,000

$2,500,000

Sallie Mae

Citibank

Student Loan Xpress

Chase

EdAmerica

Wachovia

Bank of American

Kentucky Higher Ed

Fifth Third Bank

College Loan Corp

Front End Pricing by Lender’s

– BancorpSouth – No front end or back end benefits due to the programs being eliminated by our secondary markets

– Citibank – Origination fee is now paid by Stafford Loan borrowers. The Federal Default Fee (FDF) is now paid by the borrower unless the borrower uses a guarantor who pays the fee

– Citizens Bank of Philadelphia – No longer offer zero (0) fee loans and no longer offer 2% interest rate reduction for auto debit

– Education Services Foundation – No payment of upfront fees; no repayment benefits

– First Tennessee Bank – All borrower benefits have been eliminated for 2008-2009

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Front End Pricing (Cont.)

– Hancock Bank – No longer offer zero (0) fee loans or the 2% interest rate reduction for auto debit

– Regions Bank – Discontinuing subsidy of Stafford Loan origination fee for loans guaranteed after May 2, 2008

– Renasant Bank – No longer subsidize default and origination fees nor offer repayment benefits (interest rate reduction for ACH payments

– SallieMae/Sallie Mae Education Trust – Benefits and repayment incentives and the terms of private loan programs vary by school, servicer, guarantor (if applicable) and other factors

– Trustmark National Bank – No longer offer 2% rate reduction in repayment benefit on all loan products

– Wells Fargo Bank – interest reduction rate of .050% at repayment; interest rate reduction during repayment (.025%) for automatic withdrawals from a checking or saving account; no longer paying FDF or origination fee for fedreral loans after July 1, 2008

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Lender 2008 Survey ResultsChanges

• As of this date what changes in terms of the types of schools, students and parents do you plan to serve in 2008-2009– BancorpSouth – Will lend to borrowers attending an

eligible MS school, and will lend to MS residents attending out of state eligible school

– Chase – Will suspend lending at 2-year institutions in Mississippi

– Citibank – Will suspend lending at 2-year institutions in Mississippi

– Citizens Bank of Philadelphia - None– Education Services Foundation – None– First Tennessee Bank – None

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Lender 2008 Survey ResultsChanges Terms/Types (Continued)

– Hancock Bank - None– Regions Bank – None– Renasant Bank – borrowers must be attending an

eligible MS school or a MS resident attending an eligible out of state school

– SallieMae/Sallie Mae Education Trust – None– Trustmark National Bank – None– Wells Fargo Bank – No longer lending to public 2 year

and 4 year institutions in Mississippi

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Lender 2008 Survey ResultsOutlook

• As of this date what is the outlook in terms of capacity or originate Federal Student Loans in 2008/09?– BancorpSouth – Will be originating loans for this loan

period– Citibank – Continues to have the necessary funding

available to originate student loans– Citizens Bank of Philadelphia – Continues to have

funding available for student loan for FY 08/09– Education Services Foundation – Does not currently

anticipate a lack of funding for the AY 08/09– First Tennessee Bank – Outlook is still good

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Lender 2008 Survey ResultsOutlook (Continued)

– Hancock Bank – Has available student loan funds for 08/09

– Regions Bank – Not changing it’s capacity to originate Federal Student Loans in 08/09

– Renasant Bank – If no further negative impact to the student loan industry, plans are to originate as in the past

– SallieMae/Sallie Mae Education Trust – Has funds available for funding both student loans and general corporate purposes

– Trustmark National Bank – Does not have a set capacity at this time and are still open for all originations at this point

– Wells Fargo Bank – Has available student loan funds for 08/09

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Lender 2008 Survey ResultsInternal Changes

• What internal changes have been made by your organization in terms of marketing, personnel, customer service representation and other support resources in light of the current student lending environment?– BancorpSouth – Reduction in marketing as a result of the

Sunshine Act, elimination of three (3) positions in other states as our policy changed on 1/08 only originate for MS schools and MS residents attending in or out of state institutions

– Education Services Foundation – Decreased marketing and efforts and budget

– Sallie Mae/Sallie Mae Education Trust – Currently making changes in response to the College Cost Reduction and Access Act of 2007

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Lender 2008 Survey ResultsConsolidation Loans

• Are you continuing to originate Federal Consolidation Loans?– No longer making Federal Consolidation Loans