Title 20 — EducationRelease 119-73
§1087ff Distribution of assets from student loan funds
Title 20 › Chapter CHAPTER 28— - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE › Subchapter SUBCHAPTER IV— - STUDENT ASSISTANCE › Part Part E— - Federal Perkins Loans › § 1087ff
Summary
Starting October 1, 2017, each college must split the money left in its student loan fund. First, the federal government (the Secretary of Education) gets a share equal to the fraction of the fund that came from federal capital contributions compared to the total capital (federal plus the school’s). Whatever is left after that goes to the school. Also from October 1, 2017, the school must pay the Secretary that same fraction of any loan principal and interest it collects after September 30, 2017, after taking away any unreimbursed legal costs for collecting those payments. If, before October 1, 2017, the school or the Secretary finds the fund has more cash than it will need soon, they can make a capital distribution earlier, following the same split and any limits in the rules or agreement. No such early finding can be made until at least 2 years after the school received its allocation under section 1087bb.
Full Legal Text
Title 20, §1087ff
Education — Source: USLM XML via OLRC
(a)Beginning October 1, 2017, there shall be a capital distribution of the balance of the student loan fund established under this part by each institution of higher education as follows:
(1)The Secretary shall first be paid an amount which bears the same ratio to the balance in such fund at the close of September 30, 2017, as the total amount of the Federal capital contributions to such fund by the Secretary under this part bears to the sum of such Federal contributions and the institution’s capital contributions to such fund.
(2)The remainder of such balance shall be paid to the institution.
(b)Beginning October 1, 2017, each institution with which the Secretary has made an agreement under this part, shall pay to the Secretary the same proportionate share of amounts received by this institution after September 30, 2017, in payment of principal and interest on student loans made from the student loan fund established pursuant to such agreement (which amount shall be determined after deduction of any costs of litigation incurred in collection of the principal or interest on loans from the fund and not already reimbursed from the fund or from such payments of principal or interest), as was determined for the Secretary under subsection (a).
(c)(1)Upon a finding by the institution or the Secretary prior to October 1, 2017, that the liquid assets of a student loan fund established pursuant to an agreement under this part exceed the amount required for loans or otherwise in the foreseeable future, and upon notice to such institution or to the Secretary, as the case may be, there shall be, subject to such limitations as may be included in regulations of the Secretary or in such agreement, a capital distribution from such fund. Such capital distribution shall be made as follows:
(A)The Secretary shall first be paid an amount which bears the same ratio to the total to be distributed as the Federal capital contributions by the Secretary to the student loan fund prior to such distribution bear to the sum of such Federal capital contributions and the capital contributions to the fund made by the institution.
(B)The remainder of the capital distribution shall be paid to the institution.
(2)No finding that the liquid assets of a student loan fund established under this part exceed the amount required under paragraph (1) may be made prior to a date which is 2 years after the date on which the institution of higher education received the funds from such institution’s allocation under section 1087bb of this title.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
A prior section 1087ff, Pub. L. 89–329, title IV, § 466, as added Pub. L. 92–318, title I, § 137(b), June 23, 1972, 86 Stat. 278; amended Pub. L. 94–482, title I, § 130(h), Oct. 12, 1976, 90 Stat. 2147; Pub. L. 96–374, title IV, § 442(c), title XIII, § 1391(a)(1), Oct. 3, 1980, 94 Stat. 1440, 1503, related to distribution of assets from student loan funds, prior to the general revision of this part by Pub. L. 99–498.
Amendments
2015—Subsec. (a). Pub. L. 114–105, § 2(b)(1)(A), substituted “Beginning
October 1, 2017” for “After
September 30, 2003, and not later than
March 31, 2004” in introductory provisions. Subsec. (a)(1). Pub. L. 114–105, § 2(b)(1)(B), substituted “
September 30, 2017” for “
September 30, 2003”. Subsec. (b). Pub. L. 114–105, § 2(b)(2), substituted “Beginning
October 1, 2017” for “After
October 1, 2012” and “
September 30, 2017” for “
September 30, 2003”. Subsec. (c)(1). Pub. L. 114–105, § 2(b)(3), substituted “
October 1, 2017” for “
October 1, 2004” in introductory provisions. 2007—Subsec. (b). Pub. L. 110–84 substituted “
October 1, 2012” for “
March 31, 2012”. 1998—Subsec. (a). Pub. L. 105–244, § 466(1)(A), in introductory provisions, substituted “2003” for “1996” and “2004” for “1997”. Subsec. (a)(1). Pub. L. 105–244, § 466(1)(B), substituted “2003” for “1996”. Subsec. (b). Pub. L. 105–244, § 466(2), substituted “2012” for “2005” and “2003” for “1996”. Subsec. (c)(1). Pub. L. 105–244, § 466(3), substituted “2004” for “1997” in introductory provisions. 1993—Subsec. (c)(2). Pub. L. 103–208 realigned margin. 1992—Subsec. (b). Pub. L. 102–325, § 466(1), substituted “2005” for “1997”. Subsec. (c). Pub. L. 102–325, § 466(2), designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and added par. (2).
Statutory Notes and Related Subsidiaries
Effective Date
of 2007 AmendmentAmendment by Pub. L. 110–84 effective Oct. 1, 2007, see section 1(c) of Pub. L. 110–84, set out as a note under section 1070a of this title.
Effective Date
of 1998 AmendmentAmendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.
Effective Date
of 1993 AmendmentAmendment by Pub. L. 103–208 effective as if included in the Higher Education
Amendments
of 1992, Pub. L. 102–325, except as otherwise provided, see section 5(a) of Pub. L. 103–208, set out as a note under section 1051 of this title.
Reference
Citations & Metadata
Citation
20 U.S.C. § 1087ff
Title 20 — Education
Last Updated
Apr 6, 2026
Release point: 119-73