Page:United States Statutes at Large Volume 112 Part 2.djvu/856

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112 STAT. 1740 PUBLIC LAW 105-244 —OCT. 7, 1998 "(iv) To outstanding balances on subsidized loans made under part D for the payment period or period of enrollment for which a return of funds is required. "(v) To outstanding balances on loans made under part E for the pa3anent period or period of enrollment for which a return of funds is required. (vi) To outstanding balances on loans made under section 428B for the payment period or period of enrollment for which a return of funds is required. "(vii) To outstanding balances on parent loans made under part D for the payment period or period of enrollment for which a return of funds is required. "(B) REMAINING EXCESSES. —If excess funds remain after repaying all outstanding loan amounts, the remaining excess shall be credited in the following order: "(i) To awards under subpart 1 of part A for the payment period or period of enrollment for which a return of ninds is required. "(ii) To awards under subpart 3 of part A for the payment period or period of enrollment for which a return of funds is required. "(iii) To other assistance awarded under this title for which a return of funds is required.

    • (c) WITHDRAWAL DATE. —

"(1) IN GENERAL. —In this section, the term 'day the student withdrew'— "(A) is the date that the institution determines— "(i) the student began the withdrawal process prescribed by the institution; "(ii) the student otherwise provided official notification to the institution of the intent to withdraw; or "(iii) in the case of a student who does not begin the withdrawal process or otherwise notify the institution of the intent to withdraw, the date that is the mid-point of the payment period for which assistance under this title was disbursed or a later date documented by the institution; or "(B) for institutions required to take attendance, is determined by the institution from such attendance records. " (2) SPECIAL RULE. —Notwithstanding paragraph (1), if the institution determines that a student did not begin the withdrawal process, or otherwise notify the institution of the intent to withdraw, due to illness, accident, grievous personal loss, or other such circumstances beyond the student's control, the institution may determine the appropriate withdrawal date. "(d) PERCENTAGE OF THE PAYMENT PERIOD OR PERIOD OF ENROLLMENT COMPLETED.— For purposes of subsection (a)(3)(B)(i), the percentage of the payment period or period of enrollment for which assistance was awarded that was completed, is determined— "(1) in the case of a program that is measured in credit hours, by dividing the total number of calendar days comprising the payment period or period of enrollment for which assistance is awarded into the number of calendar days completed in that period as of the day the student withdrew; and "(2) in the case of a program that is measured in clock hours, by dividing the total number of clock hours comprising