Federal Register - August 23, 2021
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Fuente: Federal Register
46982
Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations
provides the effective date of the determination by VA or the date the Secretary received the SSA notice of award for SSDI or SSI benefits, and directs the holder of each FFELP loan made to the borrower to submit a disability claim to the guaranty agency in accordance with paragraph g1 of this section.
iii If the claim meets the requirements of paragraph g1 of this section and 682.406, the guaranty agency pays the claim and must A Discharge the loan, in the case of a discharge based on data from VA; or B Assign the loan to the Secretary, in the case of a discharge based on data from the SSA.
iv The Secretary reimburses the guaranty agency for a disability claim after the agency pays the claim to the lender.
v Upon receipt of the claim payment from the guaranty agency, the loan holder returns to the person who made the payments any payments received on or after A The effective date of the determination by VA that the borrower is unemployable due to a serviceconnected disability; or B The date the Secretary received the SSA notice of award for SSDI or SSI
benefits.
vi For a loan that is assigned to the Secretary for discharge based on data from the SSA, the Secretary discharges the loan in accordance with paragraph c3iv of this section.
vii If the borrower notifies the Secretary that they do not wish to receive the discharge, the borrower will remain responsible for repayment of the borrowers loans in accordance with the terms and conditions of the promissory notes that the borrower signed.
PART 685WILLIAM D. FORD
FEDERAL DIRECT LOAN PROGRAM
5. The authority citation for part 685
continues to read in part as follows:
Authority: 20 U.S.C. 1070g, 1087a, et seq., unless otherwise noted.
6. Section 685.213 is amended by:
a. In paragraph b1 introductory text, removing the words To qualify and adding, in their place, Except as provided in paragraph d2 of this section, to qualify.
b. In paragraph c1 introductory text, removing To qualify and adding in their place Except as provided in paragraph d1 of this section, to qualify.
c. Removing paragraph c1v.
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d. Adding paragraphs d and e.
e. Removing the parenthetical authority citation at the end of the section.
The additions read as follows:
DEPARTMENT OF VETERANS
AFFAIRS
685.213 Total and permanent disability discharge.
Extension of Veterans Group Life Insurance VGLI Application Periods in Response to the COVID19 Public Health Emergency
d Discharge without an application.
1 The Secretary may discharge a loan under this section without an application or any additional documentation from the borrower if the Secretary i Obtains data from the Department of Veterans Affairs showing that the borrower is unemployable due to a service-connected disability; or ii Obtains data from the Social Security Administration SSA showing that the borrower qualifies for SSDI or SSI benefits and that the borrowers next scheduled disability review will be no earlier than five nor later than seven years.
2 Reserved e Notification to the borrower. 1
After determining that a borrower qualifies for a total and permanent disability discharge under paragraph d of this section, the Secretary sends a notification to the borrower informing the borrower that the Secretary will discharge the borrowers title IV loans unless the borrower notifies the Secretary, by a date specified in the Secretarys notification, that the borrower does not wish to receive the loan discharge.
2 Unless the borrower notifies the Secretary that the borrower does not wish to receive the discharge the Secretary discharges the loan i In accordance with paragraph b4iii of this section for a discharge based on data from the SSA; or ii In accordance with paragraph c2i of this section for a discharge based on data from VA.
3 If the borrower notifies the Secretary that they do not wish to receive the discharge, the borrower will remain responsible for repayment of the borrowers loans in accordance with the terms and conditions of the promissory notes that the borrower signed.
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38 CFR Part 9
RIN 2900AR24
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
This document adopts as a final rule, without change, an interim final rule amending the Department of Veterans Affairs VA regulation regarding Veterans Group Life Insurance VGLI. The amendment was necessary in order to extend the deadline for former members to apply for VGLI coverage following separation from service to address the inability of former members directly or indirectly affected by the 2019 Novel Coronavirus COVID19 public health emergency to purchase VGLI.
DATES: Effective September 22, 2021.
FOR FURTHER INFORMATION CONTACT: Paul Weaver, Department of Veterans Affairs Insurance Service 310/290B, 5000
Wissahickon Avenue, Philadelphia, PA
19144, 215 8422000, ext. 4263. This is not a toll-free number.
SUPPLEMENTARY INFORMATION: An interim final rule amending VAs regulation regarding the deadline for former members to apply for VGLI
coverage following separation from service was published in the Federal Register on June 9, 2021 86 FR 30541.
VA provided a 30-day comment period that ended on July 9, 2021. No comments were received. Based on the rationale set forth in the interim final rule, we now adopt the interim final rule as a final rule without change.
SUMMARY:
Administrative Procedure Act In the June 9, 2021, Federal Register notice, VA determined that there was a basis under the Administrative Procedure Act for issuing the interim final rule with immediate effect. We invited and did not receive public comment on the interim final rule. This document adopts the interim final rule as a final rule without change.
Paperwork Reduction Act This final rule contains no provisions constituting a collection of information under the Paperwork Reduction Act 44
U.S.C. 35013521.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess the costs and
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