--- title: O.C.G.A. § 20-3-405.1. Definitions. collection: code id: 20-3-405.1 cite_as: O.C.G.A. § 20-3-405.1 (2025) canonical_url: https://georgiacommons.org/code/20-3-405.1 md_url: https://georgiacommons.org/code/20-3-405.1.md text_url: https://georgiacommons.org/code/20-3-405.1/text source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t20-ch3-18-(v17a)-2025-pdf.pdf?sfvrsn=10d12596_0#page=262 date: 2025 status: active corpus_version: 2025-supplement-89aa39ab3c68 license: CC0-1.0 publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice. up: https://georgiacommons.org/code/20-3.md previous: https://georgiacommons.org/code/20-3-405.md next: https://georgiacommons.org/code/20-3-405.2.md index: https://georgiacommons.org/code/index.md version: For effective date, see note. in_force: true current_through: Including Acts of the 2025 Session of the General Assembly of Georgia heading_path: EDUCATION / POSTSECONDARY EDUCATION / SCHOLARSHIPS, LOANS, AND GRANTS / GEORGIA STUDENT FINANCE AUTHORITY / Education for Public Service Student Loan --- # O.C.G.A. § 20-3-405.1. Definitions. As used in this subpart, the term: (1) “Cost of attendance” of a student means the cost of attendance calculated in accordance with Title IV. (2) “Education for Public Service Student Loan” or “EPS Student Loan” means a student loan provided in accordance with the provisions of this subpart. (3) “Eligible high school” has the same meaning as set forth in Code Section 20-3-519. (4) “Eligible postsecondary institution” means: (A) A unit of the University System of Georgia that offers associate’s degrees, baccalaureate degrees, or graduate degrees; or (B) An institution of higher education located in this state that offers associate’s degrees, baccalaureate degrees, or graduate degrees; that is accredited by a regional accrediting agency recognized by the United States Department of Education; that is not a Bible school or college; that admits as regular students only persons who have a high school diploma, a state approved high school equivalency (HSE) diploma, or a degree from an accredited postsecondary institution; and whose students are eligible to participate in the federal Pell Grant program. (5) “Employee” means an individual who receives an Internal Revenue Service Form W-2 from the employer and who is an employee as defined in Code Section 34-9-1 for purposes of workers’ compensation. (6) “First degree” means the first baccalaureate degree or the first graduate degree completed by a student with the assistance of an EPS Student Loan. (7) “Graduate degree” means a degree earned after a student has earned a baccalaureate degree, including, but not limited to, a master’s degree, a juris doctor degree, or a medical doctor degree. (8) “Public service” means service as an employee of any of the following: the State of Georgia; an agency or instrumentality of this state; the executive, legislative, or judicial branch of government of this state; a political subdivision of this state; the University System of Georgia or any unit of the university system; an authority or public corporation of this state; a local board of education of this state; or an agency or instrumentality of a political subdivision of this state. (9) “Reasonable interest rate” means an interest rate no higher than the Wall Street Journal prime rate effective on July 1 for the fiscal year beginning July 1 of each year. The reasonable interest rate for the fiscal year shall apply to all outstanding EPS Student Loans during that fiscal year without regard for the interest rate at the time of a loan’s origination or at the time of the student’s default, except for EPS Student Loans that: (A) Have been converted to 1 percent interest loans in accordance with subsection (a) of Code Section 20-3-405.3; and (B) Have been converted to interest-free loans in accordance with subsection (b) of Code Section 20-3-405.3. (10) “Second degree” means the second degree completed by a student with the assistance of an EPS Student Loan. (11) “Title IV” means Title IV of the federal Higher Education Act of 1965, 20 U.S.C. Section 1070, et seq. (12) “Undergraduate degree” means a baccalaureate degree. ## History Code 1981, § 20-3-405.1, enacted by Ga. L. 2008, p. 626, § 4/SB 169; Ga. L. 2022, p. 168, § 2(9)/SB 397; Ga. L. 2025, p. 745, § 2/SB 154; Ga. L. 2025, p. 1029, § 20(43)/SB 153, effective July 1, 2025. ## Amendments The first 2025 amendment inserted “or its successor” following “United States Department of Education” in subparagraph (4)(B). For effective date of this amendment, see the delayed effective date note. The second 2025 amendment, effective July 1, 2025, part of an Act to revise, modernize, and correct the Code, substituted “associate’s degrees” for “associate degrees” in subparagraphs (4)(A) and (4)(B). ## Delayed Effective Date Ga. L. 2025, p. 745, § 4/SB 154, provides that the 2025 amendment becomes effective upon an act of Congress repealing the establishment of the United States Department of Education or otherwise abolishing the United States Department of Education. This Code section, as set out above, does not reflect the amendment by that Act owing to the delayed effective date. After the contingency is met, paragraph (4) will read as follows: “‘Eligible postsecondary institution’ means: “(A) A unit of the University System of Georgia that offers associate’s degrees, baccalaureate degrees, or graduate degrees; or “(B) An institution of higher education located in this state that offers associate’s degrees, baccalaureate degrees, or graduate degrees; that is accredited by a regional accrediting agency recognized by the United States Department of Education or its successor; that is not a Bible school or college; that admits as regular students only persons who have a high school diploma, a state approved high school equivalency (HSE) diploma, or a degree from an accredited postsecondary institution; and whose students are eligible to participate in the federal Pell Grant program.”.