Section 94157 Of Article 4.1. California Student Loan Refinancing Program From California Education Code >> Division 10. >> Title 3. >> Part 59. >> Chapter 2. >> Article 4.1.
94157
. As used in this article, unless the context requires
otherwise, the following terms have the following meanings:
(a) "Executive director" means the Executive Director of the
California Educational Facilities Authority.
(b) "Financial institution" means a bank as defined under
paragraph (4) of subdivision (b) of Section 1201 of the Commercial
Code, including a federal- or state-chartered bank, that has been
approved by the authority to enroll qualified loans in the program
and has agreed to all terms and conditions set forth in this article
and as may be required by the authority. A financial institution
shall have a branch or office, or be otherwise present for
jurisdictional purposes, in California.
(c) "Loss reserve account" means an account in the State Treasury
or in any financial institution that is established and maintained by
the authority for the benefit of a financial institution
participating in the program for the purposes of any of the
following:
(1) Depositing all required fees paid by the financial institution
and the qualified borrower.
(2) Depositing contributions made by the state and, if applicable,
the federal government or other sources.
(3) Covering losses on enrolled qualified loans sustained by the
financial institution by disbursing funds accumulated in the loss
reserve account.
(d) "Private student loan" means a loan issued by a private
lending institution for the costs of attendance at any public or
private nonprofit college or university in the United States,
notwithstanding the definitions in subdivisions (i), (k), and (l) of
Section 94110.
(e) "Program" means the California Student Loan Refinancing
Program created pursuant to this article.
(f) "Qualified borrower" means an individual meeting all of the
following requirements:
(1) Residency in California.
(2) Completion of a bachelor's degree.
(3) Employment in a public service program or by a nonprofit
organization located in California.
(4) Able to repay, as determined by the authority.
(5) Meeting the criteria established by the financial institution
and the authority.
(g) "Qualified loan" means a loan or a portion of a loan made by a
financial institution to a qualified borrower to refinance a private
student loan under the program. A qualified loan made under the
program may be made with the interest rates, fees, and other terms
and conditions agreed upon by the financial institution and the
qualified borrower. Only a loan determined by the authority to be an
educational loan nondischargeable in bankruptcy as set forth in
Section 523 of Title 11 of the United States Code as that section
existed on August 15, 2014, shall be a qualified loan eligible for
financing under this article.