PSLF and Loan Repayment for Public Defenders: Complete Guide

If you are a public defender — or thinking about becoming one — there is a financial reality you must understand: your law school debt does not have to follow you for 25 years. The Public Service Loan Forgiveness (PSLF) program can eliminate your entire remaining federal student loan balance after 120 qualifying payments, which works out to 10 years. For an attorney with the average law school debt of $130,000, that means roughly $13,000 per year in effective compensation that most people never account for. PSLF is not a bonus or a perk — it is a foundational element of public defense compensation that changes the financial equation entirely. This guide covers everything you need to know: eligibility, income-driven repayment plans, certification, common mistakes, state LRAP programs, and how to maximize the benefit.

What Is Public Service Loan Forgiveness?

PSLF was created by Congress in 2007 under the College Cost Reduction and Access Act. The program was designed to encourage talented graduates to enter public service careers by removing the financial barrier of student loan debt. The premise is straightforward: if you work full-time for a qualifying employer and make 120 qualifying monthly payments on your federal student loans, the remaining balance is forgiven. Completely. Tax-free.

For public defenders, PSLF is not just relevant — it is arguably the single most valuable financial benefit available. The average law school graduate in 2025 carries approximately $130,000 in federal student loan debt. Under an income-driven repayment plan, a public defender earning $75,000-$95,000 will repay only a fraction of that amount over 10 years. The remainder — often $50,000 to $80,000 or more — is forgiven.

PSLF Eligibility: Three Requirements You Must Meet

PSLF eligibility has three components. All three must be met simultaneously for a payment to count toward the required 120. Understanding these requirements in detail is essential to avoiding the mistakes that have historically caused borrowers to be denied.

Income-Driven Repayment Plans: Which One Is Right for You?

Income-driven repayment (IDR) plans are the key to maximizing your PSLF benefit. They calculate your monthly payment based on your income and family size, not your loan balance. For public defenders earning modest government salaries, this means significantly lower monthly payments and a larger forgiven balance at the end.

For most public defenders, the SAVE Plan (formerly REPAYE) offers the lowest monthly payments because it calculates payments based on a higher income exemption threshold. However, the best plan for you depends on your specific circumstances: loan balance, income, family size, whether your spouse has loans, and your filing status. Use the federal StudentAid.gov Loan Simulator to compare plans before enrolling.

Sample Monthly Payment Calculation

Let's walk through a real example. Assume you are a single public defender with $130,000 in federal student loan debt at 6.5% interest, earning $85,000 per year.

How to Certify Your Employment (and Why You Must Do It Every Year)

One of the most critical steps in the PSLF process is submitting the Employment Certification Form (ECF), now called the PSLF Form, on a regular basis. This form confirms that your employer qualifies and that you are employed full-time. You should submit it at least once per year and any time you change employers.

The process works as follows: Download the PSLF Form from StudentAid.gov. Complete Section 1 (borrower information) and Section 3 (employer certification). Your employer's HR department or authorized official must complete and sign Section 3. Submit the form to MOHELA, the current PSLF servicer. MOHELA will review the form and update your qualifying payment count.

Why is annual certification so important? Because it creates a contemporaneous record. If you wait until year 10 to submit all your certification forms at once, you risk discovering that some payments did not qualify — perhaps because your loans were not with the right servicer, or your repayment plan was not qualifying, or there was an administrative error. By certifying annually, you catch these issues in real time and can correct them before they cost you years of progress.

PSLF Waiver and Recent Program Updates

The PSLF program had a rocky start. For years, the vast majority of applications were denied — in some years, more than 98% were rejected, often due to technical issues rather than genuine ineligibility. The program's complexity and poor administration left thousands of public servants, including many public defenders, without the forgiveness they had earned.

In October 2021, the Department of Education announced the Limited PSLF Waiver, which temporarily allowed borrowers to receive credit for past payments that would not otherwise qualify — including payments made under non-qualifying repayment plans or on non-Direct loans. This waiver expired on October 31, 2022, but it resulted in billions of dollars in forgiveness for public servants who had been wrongly denied.

The Biden Administration's IDR Account Adjustment, which continued through 2024, provided additional relief by counting certain periods of deferment, forbearance, and non-qualifying repayment toward PSLF. As of 2026, these one-time adjustments have been completed, and the program has returned to standard rules. However, the administrative infrastructure has improved significantly: MOHELA is now the dedicated PSLF servicer, the StudentAid.gov PSLF Help Tool provides real-time payment tracking, and the application process has been streamlined.

State Loan Repayment Assistance Programs (LRAPs)

In addition to federal PSLF, many states offer their own Loan Repayment Assistance Programs (LRAPs) for public interest lawyers. These programs can be used alongside PSLF to further reduce your monthly payments or provide direct payments toward your loan balance during the 10-year PSLF period.

California: The Gold Standard for Defender LRAPs

California offers several LRAP programs relevant to public defenders:

Other Notable State LRAPs

Several other states offer significant LRAP programs for public defenders. New York provides up to $3,400 per year through the District Attorney and Indigent Legal Services Attorney Loan Forgiveness Program. Texas has the Loan Repayment Assistance for Attorneys program through the Access to Justice Commission. Florida, Arizona, Minnesota, and Oregon also maintain active LRAP programs. If you are considering relocating for a defense position, research the LRAP programs available in that state — they can significantly impact your financial picture.

The Math: How PSLF Changes Your Total Compensation

Let's put concrete numbers on what PSLF means for a typical public defender's compensation. This is the calculation that most people miss when they compare public defense salaries to private practice.

The PSLF component alone — $13,000 per year annualized — represents the value of loan forgiveness spread over the 10-year qualifying period. This is calculated by taking the average forgiven amount (approximately $80,000-$130,000 for borrowers with typical law school debt) and dividing by 10 years. The actual value varies based on your specific loan balance, repayment plan, and salary trajectory.

Here is the insight that changes the conversation: because PSLF forgiveness is tax-free, the $13,000 annualized value is equivalent to approximately $17,000-$18,000 in pre-tax income (depending on your tax bracket). When you add this to the already substantial benefits package that most public defender offices provide — CalPERS retirement, health insurance, bar dues, CLE stipends — the total compensation picture looks dramatically different from the base salary alone.

A public defender earning $95,000 in base salary with PSLF, CalPERS, and full benefits has effective total compensation of approximately $146,000. A private practice attorney would need to earn significantly more than $146,000 in gross income to match this after accounting for the absence of PSLF, the need to fund their own retirement, and typically higher health insurance costs.

Common PSLF Mistakes to Avoid

The PSLF program has improved significantly, but mistakes can still cost you years of progress. Here are the most common errors public defenders make:

How to Apply: Step-by-Step

Whether you are just starting your public defense career or have been working for years without enrolling, here is the complete process:

PSLF Is Part of Your Compensation — Claim It

Too many public defenders treat PSLF as a vague future benefit rather than what it actually is: a significant, quantifiable component of their total compensation. When you choose public defense, you are not just choosing lower pay in exchange for meaningful work. You are choosing a compensation structure that includes PSLF forgiveness, retirement benefits, health insurance, and other elements that, when properly managed, can match or exceed private practice earnings.

The key is to be intentional. Enroll in the right repayment plan from day one. Certify your employment every year. Track your qualifying payments. Avoid the common mistakes. And when you negotiate your next position, factor PSLF into your total compensation analysis. An office that pays $5,000 less in base salary but qualifies for PSLF is almost certainly the better financial decision over a 10-year horizon.

You chose this work because it matters. PSLF ensures you are not financially penalized for that choice.