Leaving DOJ Prior to Completing the Service Obligation & Waivers of Indebtedness
Accepting ASLRP funding triggers a three year service obligation to the Department, regardless of the amount of student loan repayment benefits authorized. ASLRP recipients who voluntarily leave DOJ prior to the end of their service obligation or who are involuntarily separated for misconduct or unacceptable performance must:
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Notify OARM (in writing) and the servicing HR office of the pending departure and a permanent address for receipt of correspondence; and,
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Voluntarily repay the gross, pre-tax amount of total ASLRP funds received; or
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Make appropriate arrangements to repay the gross, pre-tax amount of total ALSRP funds received.
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When an attorney leaves DOJ prior to completing the service obligation, unreimbursed ASLRP funds issued on the attorney’s behalf constitute a debt owed to the Department. If ASLRP funds are not repaid, collection action will be initiated pursuant to DOJ Order 2120.3C, "Collection of Debts by the Department of Justice." The Department may waive, in whole or in part, recovery of the loan repayment amount if it is determined to be against equity and good conscience or contrary to the public interest.
Requesting a Waiver of Indebtedness (Step-by-Step)
Step1: The departing attorney notifies his or her servicing Human Resources (HR) Office and OARM of the pending departure prior to the completion of the service obligation and provides an address for receipt of mail post-departure. .
Step 2: The HR Office initiates a bill for the full pre-tax amount of all ASLRP payments and sends it to the National Finance Center (NFC).
Step 3: The NFC sends the bill and other administrative materials to the attorney’s residence (the address provided in the original notification or, if none, the last known address).
Step 4: Upon receipt of the NFC bill, the attorney decides whether to request a waiver of indebtedness or enter into a repayment plan with the NFC. A waiver of indebtedness is only warranted when collection is against equity and good conscience or contrary to the public interest. To request a waiver of indebtedness, the attorney must:
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Prepare a waiver packet stating the basis for the early departure, the basis for the proposed waiver (attaching appropriate supporting documents, e.g., affidavits from medical professionals, certified income and expense documents, etc.), a statement explaining why collection would be against equity and good conscience or contrary to public interest, the NFC bill, a copy of the ASLRP Service Agreement, DOJ Form 127, and an Investigation Report.DOJ Form 127 and the Investigation Report are available on the ASLRP website or from the servicing HR office. The attorney requesting waiver must work with his or her original HR office to complete the Investigation Report.
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Send the waiver packet to the Office of Attorney Recruitment and Management, Attn:Deana Willis, Assistant Director, 450 5th Street NW, Suite 10200, Washington, D.C. 20530 (Deana.Willis@usdoj.gov).
Step 5: Upon receipt of the complete waiver packet, OARM will staff the request through the ASLRP Administration Panel for recommendations, then forward the packet to the original servicing HR office for further action.
Step 6: The Servicing HR office:
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Notifies the NFC to suspend collection (up to 5 pay period maximum) while the waiver request is considered; and
- Prepares a cover letter and forwards the waiver request packet to JMD Finance for action.