B7020 - ATTORNEY LOAN REPAYMENT ASSISTANCE - TRACK CHANGES VERSION 12092015 BOS AGENDA.PDF

MARICOPA COUNTY INTERNAL POLICY
Policy Title: Policy Number: B7020
ATTORNEY LOAN REPAYMENT
Current
ASSISTANCE Implementation Date: 04-10-2013
Approved by: Board Agenda Number: C-31-13-015-6-00
BOARD OF SUPERVISORS Original
02-24-2010
Implementation Date:
I. PURPOSE
To provide recruitment and retention incentives to attorneys who work for
Maricopa County and Maricopa County Special Districts by providing benefits to
attorneys with high student loan debt who may otherwise be precluded from
accepting a position with the County, or who would be unable to continue
working for the County, because they hold lower paying public sector jobs
compared to the private sector.
II. APPLICATION
This policy is authorized by the Board of Supervisors pursuant to A.R.S. § 11-
251. The Board of Supervisors reserves the right to modify this policy within its
sole discretion and any modifications will apply to all eligible attorneys.
Departmental participation in this program is not required. Participation in this
program is made at the discretion of the appointing authority and shall apply to all
attorneys under his/her direction and control. An appointing authority may also
consistently apply stricter eligibility rules than outlined in this policy for attorneys
under his/her direction and control.
III. DEFINITIONS
A. Administrative Panel: A panel consisting of one Plan Administrator from a
department within the Public Defense System, the Plan Administrator from
the County Attorney’s Office, and a representative from Human Resources.
B. ALRAP: Attorney Loan Repayment Assistance Program.
1

Policy Title: Policy Number: B7020
ATTORNEY LOAN REPAYMENT
ASSISTANCE Current 04-10-2013
Implementation Date:
C. Appointing Authority: An elected official, the single administrative or
executive head of a department/special district, or the designated
representative authorized to act in this capacity.
D. Plan Administrator: An employee designated by an Appointing Authority to
administer the Attorney Loan Repayment Assistance Program for a
department.
IV. POLICY
A. Eligibility
Employee participation in this program is voluntary. A participating employee
may decide to end his/her participation in the program at any time. To be
eligible, an employee must:
1. Be in a position that requires a licensed attorney in good standing with
the State Bar of Arizona.
2. Be a regular employee who works at least 20 hours per week (contract
and temporary attorneys are not eligible).
3. Have successfully passed initial probationcompleted their first twelve
(12) months of continuous employment prior to submitting an
application to participate in the program.
4. Have a rating of at least “meets” or equivalent on his/her most recent
evaluation within the last 12 months prior to each reimbursement. An
employee who receives an evaluation rating below “meets” or equivalent
is ineligible for benefits from this program for the quarter during which
the evaluation is completed, and remains ineligible for these benefits
until the quarter in which the employee receives a completed evaluation
with a rating of at least “meets” or equivalent.
5. Apply and be accepted for participation in the program in accordance
with the procedures outlined under Section V(B) below.
B. Benefit
1. Eligible employeess may be reimbursed for payments made on their
student loans up to $1,800 per quarter with a maximum total benefit of
$72,000. The reimbursement cannot exceed the actual amount of
payment made for that quarter nor can it exceed $1,800 per quarter.

Policy Title: Policy Number: B7020
ATTORNEY LOAN REPAYMENT
ASSISTANCE Current 04-10-2013
Implementation Date:
2. Eligible employees may receive reimbursement at the beginning of the
full quarter after acceptance into the program for payments made during
the quarter in which they are accepted.
3. Reimbursements are prorated for part-time employee working at least 20
hours per week.
4. Receipt of a reimbursement under this policy does not constitute a legal
entitlement to any future reimbursements nor does it constitute any right,
actual or implied promise of, or entitlement to continued employment.
C. Educational Debt Eligibility
1. A student or educational loan is eligible for repayment if it is a:
a. Stafford Direct Subsidized or Unsubsidized Loan
A loan made, insured, or guaranteed under Part B of Title IV of the
Higher Education Act of 1965, as amended, 20 U.S.C. § 1071, 20
U.S.C. § 1078-8, and 20 U.S.C. § 1087a, et. seq.
b. Perkins Loan
A loan made, insured, or guaranteed under Part D or E of Title IV of
the Higher Education Act of 1965, as amended, 20 U.S.C. §§
1087aa-1087ii.
c. Federal Consolidated or Federal Direct Consolidated Loan
A loan made, insured, or guaranteed under section 428C or 455 (g)
of the Higher Education Act of 1965, as amended, 20 U.S.C. § 1078-
3 and 20 U.S.C. § 1087e(g) to the extent that such loan was used to
repay a Federal Direct Stafford, a Federal Direct Unsubsidized
Stafford Loan, or a loan made under section 428 or section 428H of
such Act.
d. Private Educational Loans or Private Educational Consolidated Loan
A private commercial educational loan or private commercial
educational consolidated loan, subject to the provisions of
Subsection 3(b).
e. Bar Study Loan
A commercial credit-qualified private loan specifically intended by the
lender to help cover expenses incurred after graduation while a
student prepares for the Arizona Bar Examination.
f. Graduate Plus Loan
A low, fixed interest rate student loan guaranteed by the U.S.

Policy Title: Policy Number: B7020
ATTORNEY LOAN REPAYMENT
ASSISTANCE Current 04-10-2013
Implementation Date:
Government.
2. All need based undergraduate and law school loan debt, and loan debt
incurred in joint degree programs where one degree obtained is a juris
doctorate that meets the requirements of the preceding section are
eligible for reimbursement. Non-law graduate study debt is not eligible. If
eligible employees have ineligible educational debt that is consolidated
with eligible educational debt, the employee is eligible to receive a
prorated benefit under this program.
3. All need-based institutional loans used for educational expenses that
meet the requirements of the preceding section are eligible.
4. Spouses’ consolidated education loans that meet the program’s eligibility
requirements are eligible for reimbursement. If both spouses meet the
eligibility requirements, but one spouse passes initial probation
successfully completed their first twelve (12) months of continuous
employment prior to the other, he or she is eligible to receive prorated
benefits even though the other spouse is not yet eligible. Where only one
spouse meets the eligibility requirements, he or she is eligible to receive
prorated benefits even though the other spouse is not eligible. Each
spouse’s benefit is limited to the amount they could receive absent the
consolidation. Upon application of an eligible spouse, his or her share of
the consolidated loan’s remaining balance will be determined based on
his or her share of the original consolidated loan, and that amount will be
used to determine the prorated benefit under this program. An
employee eligible for prorated benefits must submit documentation
that clearly establishes that the original loans meet the eligibility
requirements and from which the eligible attorney’s prorated share can
accurately be determined.
5. The following loans do not qualify for reimbursement:
a. Federal PLUS loans.
b. Private loans from friends or family members, or credit card or other
consumer debt used to finance legal education.
c. Loans consolidated with non-educational loans.
d. Educational loan debt that has been paid and/or discharged.
e. Educational loan debt incurred in non-law master’s degree studies.
D. Tax Consequences

Policy Title: Policy Number: B7020
ATTORNEY LOAN REPAYMENT
ASSISTANCE Current 04-10-2013
Implementation Date:
Under current tax laws, reimbursements under this program are considered
taxable income and employees are responsible for any associated tax liability.
The County will provide appropriate notice of receipt of income in compliance
with existing law. Reimbursements under this program are subject to
deductions for the Arizona State Retirement System.
E. Separations
Immediately upon voluntary or involuntary separation from County
employment, an employee is ineligible to receive reimbursements under this
policy. An employee is eligible for reimbursement for completed quarters
preceding their separation if: 1) the employee was eligible for the entire
quarter, and 2) the employee submits the quarterly request for reimbursement
by his/her last day of employment or the quarterly reimbursement deadline,
whichever is sooner.
V. PROCEDURES
A. Agency Responsibilities
1. Plan Administrator: Each agency will designate a Plan Administrator who
is responsible for the following:
a. Determining all questions of eligibility, subject to the dispute
resolution process outlined in Section V(C) below.
b. Making the official ALRAP application form available to employees.
c. Timely processing of all applications and subsequent documentation.
d. Providing Payroll with all necessary documentation within 60 days of
the end of each quarter.
e. Verifying that the employee is eligible to receive benefits under the
program during each quarter that the employee makes a claim for
educational loan reimbursement.
f. Maintaining all records related to the ALRAP including employee
applications, eligibility verification documents, account update
requests, quarterly reimbursement requests, Managing for Results
required documents, and a list of the employees participating in the
program.

Policy Title: Policy Number: B7020
ATTORNEY LOAN REPAYMENT
ASSISTANCE Current 04-10-2013
Implementation Date:
While serving as the Plan Administrator, the employee is ineligible for
benefits under this program.
2. Managing for Results (MFR): Each agency will be responsible for
measuring ALRAP’s performance and impact by:
a. Tracking attorney turnover and attrition rates for a period beginning
with the market increase implemented in fiscal year 2006.
b. Tracking attorney turnover and attrition rates for attorneys.
B. Employee Responsibilities
1. Employees must apply for and participate in all other sources of loan
repayment assistance, forgiveness, and cancellation that are available to
them (i.e. governmental programs, NAPIL or EJW fellowships, law
school programs, etc.). Any remaining loan amounts an employee is
required to pay after participating in any other programs are eligible for
this program. Employees shall certify on the initial application and
quarterly request for reimbursement forms that they have taken
advantage of all other programs available to them and that they are
otherwise eligible for reimbursement.
2. Initial Application: The initial application must be submitted no later than
the last day of the first month of a quarter to be eligible to request
reimbursement for that quarter. Employees must submit the following to
be considered for this program:
a. ALRAP application.
b. Documentation showing that each loan was for educational purposes
only.
c. Documentation verifying loan debt.
d. Documentation for each loan including: the account number, proof of
the original principal loan amount, the amount of debt remaining, and
the calculated monthly repayment.
e. The name, address, and phone number of each lender, and any
further documentation required by the Plan Administrator.
3. Quarterly Reimbursements: Employees must submit proof of educational
loan payments made during the most recent quarter, and any other

Policy Title: Policy Number: B7020
ATTORNEY LOAN REPAYMENT
ASSISTANCE Current 04-10-2013
Implementation Date:
supporting documentation required by the Plan Administrator, in
accordance with the following deadlines:
April 30: 1st quarter (January, February, March)
July 31: 2nd quarter (April, May, June)
October 31: 3rd quarter (July, August, September)
January 31: 4th quarter (October, November, December)
4. Employees must provide updates and supporting documentation to
verify any changes to approved loans, including but not limited to
changes in the lender, servicer, and account number. Updates must be
submitted within the quarter in which the change occurs.
5. Employees must maintain qualifying employment during the entire
quarter for which reimbursement is requested. Employees shall report
any change in participation or loan eligibility within 30 days of such
change to the Plan Administrator.
6. Employees who fail to comply with this policy shall be ineligible for
reimbursements for the quarter during which such noncompliance
occurred.
C. Administrative Panel Responsibilities
1. The Administrative Panel shall develop any administrative procedures
necessary to implement this policy.
2. This panel is the final arbiter of any disputes that arise under the policy.
An employee who disagrees with a decision of a Plan Administrator may
appeal to the Administrative Panel within 30 days of the decision by
submitting a written memorandum that specifies the disagreement and
contains supporting documentation.