As I mentioned before, they modified it. Here is one such modification. I would have to search the original program language, then get changes and modification dates. There is a reason they were able to write off $42B which I wonder about the legalities.
Paused Payments Count Toward PSLF
Paused payments count toward PSLF and TEPSLF as long as you meet all other qualifications. You will get credit as though you made monthly payments.
To see these qualifying payments show up in your account, you must submit a PSLF form certifying your employment for the payment pause time period. Your count of qualifying payments toward PSLF updates only when you certify your employment.
https://studentaid.gov/announcements-events/covid-19/public-service-loan-forgiveness
The Biden administration literally cannot
amend the statute that directs them to forgive student loans for public servants. Neither did congress since Biden took office. Here are the relevant September 2007 amendments to the statute:
‘‘(m) REPAYMENT PLAN FOR PUBLIC SERVICE EMPLOYEES.—
‘‘(1) IN GENERAL.—The Secretary shall cancel the balance of interest and principal due, in accordance with paragraph (2), on any eligible Federal Direct Loan not in default for
a borrower who—
‘‘(A) has made 120 monthly payments on the eligible
Federal Direct Loan after October 1, 2007, pursuant to any one or a combination of the following—
‘‘(i) payments under an income-based repayment plan under section 493C;
‘‘(ii) payments under a standard repayment plan under subsection (d)(1)(A), based on a 10-year repay- ment period;
‘‘(iii) monthly payments under a repayment plan under subsection (d)(1) or (g) of not less than the monthly amount calculated under subsection (d)(1)(A), based on a 10-year repayment period; or
‘‘(iv) payments under an income contingent repay- ment plan under subsection (d)(1)(D); and
‘‘(B)(i) is employed in a public service job at the time
of such forgiveness; and
‘‘(ii) has been employed in a public service job during
the period in which the borrower makes each of the 120 payments described in subparagraph (A).
https://www.govinfo.gov/content/pkg/STATUTE-121/pdf/STATUTE-121-Pg784.pdf#page=8
The statute has only been amended once since Biden took office and skimming the changes they didn’t do anything to change the PSLF program.
What you’re crying about is the executive branch doing what it was
directed by congress to do.