I am trying to figure out how to get clarification on whether or not the non-profit I am working for will qualify for the PSLF program.  The organization is not a 501(c)(3) but is an instrumentality as defined in IRC 141 and tax exempt under IRC 151.  We are organized under the Georgia Non-Profit Corporation Code.  You can visit the website at http://www.teainc.org for more information on what we do.

If we travel for business we are given State discounted rates as an extension of the municipalities that we serve.

I graduated from Boston College Law School, and Jill Bertrand suggested I contact you to find out if there is any clearer guidelines on what will qualify under that two part test.  You can imagine with the debt that comes from law school and the low salary of a non-profit how important finding this out is!

She thought that my organization might qualify under the “emergency management” option. I can definitely see that - it would just be so nice to have some clarification before I build a career here for the next 10 years!  Also, if we do qualify, I believe this would be something our HR department and Board would want to know for purposes of employee benefits, employee recruiting, and etc.

Hi there,

I’ve gone through the regulations and it doesn’t seem to get more specific than just “emergency management.” My best advice would be to give the Federal Student Aid Information Center a call at 1-800-433-3243. They may or may not be able to give you a definite answer but they should at least be able to give you an idea of another entity that could give you a more concrete answer. I’m sorry I don’t have a definite answer.

I hope that helps!

-Heather’s Helper

Some more thoughts from me on this one.

The Department of Education will need to make a determination of whether your employment qualifies as a “Public service organization” defined as:

(5) A private organization that—
(i) Provides ... [specific listed services]; and
(ii) Is not a business organized for profit, a labor union, a partisan political organization, or an organization engaged in religious activities, unless the qualifying activities are unrelated to religious instruction, worship services, or any form of proselytizing.

Take a look at the Public Service Loan Forgiveness Employment Certification Form - DRAFT ONLY, DO NOT USE and the Public Service Loan Forgiveness Employment Certification Form Instructions - DRAFT ONLY, DO NOT USE.

I’m told these will be finalized around the first part of 2012 (but I’ve learned not to hold my breath), and I will notify folks as soon as they come out.

See if your employer will be comfortable certifying your employment using a form like this one.  That is where the Department of Education will start in their analysis.

And guess what?  I’m doing presentations in Boston in early October.  Maybe you can come check it out.