Chapter 1.08 PER CAPITA ORDINANCE

This chapter shall be known as the Per Capita Ordinance of the Puyallup Tribe. It is intended to establish procedures for the distribution, on those occasions that the Tribe is able and so inclined, of gifts to Tribal members in the form of per capita payments of Tribal revenues. [Res. 210121C (01/21/21); Ord. 290998 (09/29/98); prior code § 2.05.010]

1.08.020 Definitions.

(a) “Authorized care provider” shall mean the person or persons who has/have actual physical custody of and is/are supervising the day-to-day needs of a minor or protected person.

(b) “Deadline date” shall mean the date established by the Tribal Council under PTC 1.08.050 for use in determining appropriate recipients of per capita payments under PTC 1.08.070.

(d) “Other tribe” shall mean an Indian tribe other than the Puyallup Tribe of Indians.

(e) “Per capita payment” shall mean a voluntary distribution of Tribal revenue made to Tribal members.

(f) “Protected person” shall mean a legally incompetent or disabled person.

(g) “Tribal Court” shall mean the Puyallup Tribal Court.

(h) “Tribal member” shall mean a member of the Puyallup Tribe.

(i) “Tribe” shall mean the Puyallup Tribe of Indians.

(j) “Trust” shall mean a trust that is set up by the Tribe for the benefit of a Tribal member who is under 18 years old or is a protected person. [Res. 210121C (01/21/21); Ord. 290998 (09/29/98); prior code § 2.05.020]

1.08.030 Scope and applicability.

This chapter shall be applicable to all per capita payments made by the Puyallup Tribe from fund sources other than revenues from gaming activities. This chapter shall also be applicable to per capita payments that are made using revenues generated by gaming activities to the extent that this chapter is not inconsistent with the provisions for the Gaming Revenue Allocation Plan. To the extent that the provisions of this chapter are inconsistent with the Gaming Revenue Allocation Plan, the provisions of the Gaming Revenue Allocation Plan shall control as to any per capita payments that are made using revenue generated by gaming activities. [Res. 210121C (01/21/21); Res. 090702 (07/09/02); Ord. 290998 (09/29/98); prior code § 2.05.030]

1.08.040 Intent.

It is the intent of the Puyallup Tribal Council that when circumstances permit and the Council feels that it is appropriate to do so, it will direct that the Tribe make a per capita payment to each Tribal member, or to each Tribal member in a designated class or classes, pursuant to the schedule provided in this chapter, as a gift freely made out of the Tribe’s devotion to and respect and affection for its members. The Tribe is not obligated by federal or Tribal law or by any other source to make such gifts; this provision for such gifts is made without any perceived obligation, legal, moral or otherwise, to make such gifts. This provision for such gifts is made without any anticipation, expectation or intention of receiving any benefit to the Tribe or the Tribal Council from the making of the payments. [Res. 210121C (01/21/21); Res. 130104 (01/13/04); Ord. 290998 (09/29/98); prior code § 2.05.040]

Subchapter 2. Payments

1.08.050 Designation and identification by Tribal Council.

When the Tribal Council has determined, in its discretion, that it will make a per capita payment, the Tribal Council shall:

(a) Designate a deadline date; and

(b) Indicate whether the per capita payment is to be made to all Tribal members or to a certain category or categories of Tribal members. [Res. 210121C (01/21/21); Ord. 290998 (09/29/98); prior code § 2.05.110]

1.08.060 Required information – Current mailing address, Social Security number.

(a) In order to receive a per capita payment, an otherwise eligible member must provide to or have on file with:

(1) The Tribe’s Enrollment Department a current, correct mailing address. Each Tribal member must, in order to remain eligible to receive per capita payments, submit to the Enrollment Department, when s/he changes his/her mailing address, a written notice giving his/her new mailing address;

(2) The Tribe’s Enrollment Department a copy of his/her birth certificate that has been certified by the department or agency responsible for such documents in the Tribal member’s state of birth;

(3) The Tribe’s Enrollment and Per Capita Departments a written document from the Social Security Administration giving his/her Social Security number;

(4) If applicable, the Tribe’s Enrollment and Per Capita Departments a copy of the resolution disenrolling/relinquishing the member from the other Tribe where the member disenrolled/relinquished; and

(5) The Tribe’s Accounting Department a written document giving her/his Social Security number.

(b) It is the Tribal member’s responsibility to provide their most up-to-date information to the Tribe. In order for the Tribe to make a per capita payment to a Tribal member the Social Security or other tax identification number must match the Tribal member’s legal name. [Res. 210121C (01/21/21); Res. 051016A (10/05/16); Ord. 290998 (09/29/98); prior code § 2.05.120]

1.08.070 Per capita payments.

The Tribe will issue a per capita payment to or on behalf of each Tribal member in the category or categories designated for payment who has complied with the requirements of PTC 1.08.060 and who is an enrolled member of the Tribe; provided, however, that any individual who submits an application for membership on or after October 24, 2003, will, if eligible for membership, become eligible for per capita payments made by the Tribe beginning with the next payment that is distributed after official action is taken by the Tribal Council, under the requirements of the Tribe’s Enrollment Code, approving the individual’s application. At that time, the individual shall be eligible for payments from that date forward (prospectively only); the individual shall not be eligible to receive payments retroactive to the date of his/her application or to any other earlier date. Per capita checks can only be retrieved by the endorsee, except for emergencies involving a funeral or medical care. [Res. 210121C (01/21/21); Res. 260609 (06/26/09); Res. 130104 (01/13/04); Ord. 290998 (09/29/98); prior code § 2.05.130]

1.08.080 Distribution of per capita benefits.

(a) Each per capita check shall be sent by United States mail to the eligible Tribal member at the address that the Tribal member has provided in writing to the Tribe. In the case of a check that is returned by the Postal Service undelivered, the Tribe will release the check to the Tribal member upon presentation of picture identification deemed adequate by the Tribe, after s/he has provided the Enrollment Department with his/her current mailing address, and after s/he has executed a written acknowledgement that s/he has received the payment.

(b) Per capita payments made to a minor, unless otherwise directed by Tribal Council, will be made by a contribution to a trust account established by the Tribe in the minor’s name. Any contributions to the trust will be subject to the minor’s trust agreement, or current applicable trust instrument.

(c) In the case of an eligible Tribal member whom the Tribe knows to be incarcerated in a penal institution, the Tribe shall, before it sends a per capita check to the individual, mail to him or her a notice that s/he may choose:

(1) To receive the payment at the same time payments are issued to all Tribal members to the facility where the Tribal member is located, or centralized location where applicable based on correctional facility policy;

(2) Not to receive the payment until after s/he is released from incarceration; or

(3) To volunteer to enter the Tribe’s Representative Payment Program (“RPP”). The RPP will appoint a representative payee to assist the member with managing his/her per capita funds. The member would be required to follow the RPP’s applicable rules.

The Tribe shall not send the per capita payment to the individual until s/he has returned the notice indicating his/her choice. If an individual chooses not to receive the payment until after s/he is released from incarceration, the Tribe shall retain the funds and upon the individual’s release shall provide the funds to the individual after receipt of proof of release from incarceration and valid identification.

(d) Distribution of Per Capita Checks to Adult Protected Persons. Adult protected persons are entitled to per capita payments in the same amount as provided to all Tribal member adults. Any payments provided to an adult protected person’s guardian shall be for the adult protected person’s benefit. The Puyallup Tribal Court has exclusive jurisdiction to hear all per capita matters regarding protected persons under applicable Tribal law. [Res. 210121C (01/21/21); Res. 051016A (10/05/16); Ord. 290998 (09/29/98); prior code § 2.05.140]

1.08.090 Determination of dual enrollment.

(a) Whenever the Enrollment Committee shall have reason to believe that an individual may be enrolled in another tribe as well as the Puyallup Tribe, the Director shall send written notice to that member by certified mail, return receipt requested, informing the member that the Tribe will not issue to her/him a per capita payment until the Enrollment Director receives written verification from the appropriate department or agency of the other tribe indicating whether or not the member is enrolled in that other tribe.

(b) If the response from the other tribe indicates that the member is not enrolled in that other tribe, the Tribe shall, if the member is otherwise eligible, send a per capita payment to that member in the manner provided by this chapter.

(c) If the response from the other tribe indicates that the member is enrolled in that other tribe, the Tribe shall not make a per capita payment to that member. If the other tribe does not provide a response, the Tribal member shall have the option of providing to the Enrollment Director written information that s/he is not enrolled in the other tribe. The sufficiency of any such information shall be determined in the sole discretion of the Enrollment Committee. The burden of proof shall be on the Tribal member to demonstrate that s/he is not enrolled in the other tribe, or that s/he has taken all reasonable steps to relinquish her/his membership in that tribe.

(d) The Tribal Council shall retain the authority to determine, in its sole discretion, after conferring with the Enrollment Committee, that the circumstances of a particular case warrant the issuance of a per capita check notwithstanding the operation of this section.

(e) It is improper and shall be deemed a violation of Puyallup Tribal law for any individual to receive and retain a per capita payment from the Puyallup Tribe if, at any time during the same calendar year, that individual receives and accepts, or has received and accepted, a per capita payment, or other similar payment, from any other tribe. In such cases, the Tribal member shall be liable to the Puyallup Tribe for repayment of any amounts received in per capita payments from the Puyallup Tribe. In such cases, the Tribe may, in its discretion, file an action in Puyallup Tribal Court to recover any amounts paid to the Tribal member. The Tribal Court shall have and exercise jurisdiction of any such action. [Res. 210121C (01/21/21); Ord. 290998 (09/29/98); prior code § 2.05.150]

1.08.100 Per capita checks.

The Puyallup Tribe shall not stop payment or reissue payment of any per capita check except in the case of an error in the issuance or delivery of a check made by the Tribe, or in limited, excusable circumstances that do not indicate any wrongdoing on the part of the payee. Examples include, but are not limited to, the following:

(a) Checks accidentally damaged, such as washed or torn checks;

(b) Checks lost in the mail, that have not been cashed after a 10-day waiting period; and

1.08.110 Per capita check fraud.

(a) Each Tribal member in the category or categories designated for per capita payment will receive the proceeds of only one per capita payment each time a distribution is authorized. It is the Tribe’s intent, for any month in which a per capita payment is issued, that each enrolled Tribal member will receive the proceeds of only one such per capita payment, plus any additional special payment the Tribe makes, such as a holiday bonus payment or a spring bonus payment. The funds from the regular payment and any special payment made during a month shall together constitute “authorized per capita payments.” Any funds that an individual receives or obtains from per capita payments in excess of these authorized per capita payments shall constitute “unlawful receipt of per capita funds.”

(b) The Per Capita Department is directed to recover on behalf of the Tribe any funds that an individual receives unlawfully. The Department shall recover such unlawful receipt of per capita funds by withholding a future per capita payment or payments until all unlawfully received funds have been recovered. [Res. 210121C (01/21/21); Res. 180909A (09/18/09); Res. 260609 (06/26/09); prior code § 2.05.170]

1.08.120 Penalties.

(a) Any person who is convicted of an offense related to the unauthorized or unlawful receipt of per capita funds by any means shall be ineligible for per capita payments for three months following conviction for a first offense; six months following conviction for a second offense, and one year following conviction for a third offense. These disqualifications shall commence only after the Tribe has recovered the amount of any excess payments as defined and provided in this chapter.

(b) Upon conviction, the person shall not be eligible for assistance payments from any Tribal benefits program during the period of suspension of per capita payments; and shall pay restitution to injured parties or institutions. The Tribe is authorized to use future per capita payments to pay restitution to an injured party or institution.

(c) At the Director’s discretion, recovery of unlawfully received per capita funds by a person is authorized. During this payback period, said person is not entitled to receive Tribal benefits. If a person disagrees with the Director’s determination, a hearing may be requested at the Puyallup Tribal Court. The standard of proof is by a “preponderance of the evidence.” [Res. 210121C (01/21/21); Res. 180909A (09/18/09); Res. 260609 (06/26/09); prior code § 2.05.180]

1.08.130 Payable on death designation.

All adult Tribal members shall submit a notarized “payable on death” (“POD”) form at the Per Capita Department. POD designations will be kept on file permanently. A chosen beneficiary will receive all outstanding per capita checks upon the death of the Tribal member. A certified death certificate must be submitted to the Per Capita Director. The POD designation is not subject to probate. [Res. 210121C (01/21/21); Res. 240414G (04/24/14)]

Subchapter 3. Payments on Behalf of Minors

1.08.140 Minor’s trust.

(a) Jurisdiction over minor’s trusts lies exclusively with the Puyallup Tribe, unless ordered otherwise by the Puyallup Tribal Court.

(b) Nothing in this chapter is intended to supersede the terms of the relevant trust agreements.

(c) Minor’s trusts will only be distributed pursuant to the terms of the active trust agreement in effect at the time of contribution. [Res. 210121C (01/21/21); Res. 240414G (04/24/14); Ord. 290998 (09/29/98); prior code § 2.05.210. Formerly 1.08.130]

1.08.150 Payment to a minor after emancipation order.

Upon receipt of a certified copy of an emancipation order, the Tribe shall disburse trust funds to the emancipated minor in compliance with the terms and requirements of the applicable trust instrument. The emancipated minor cannot withdraw from the minor’s trust unless approved by Puyallup Tribal Court order, subject to the trust instrument in effect at the time of the distribution.

An emancipation order will authorize the minor to apply for and receive general welfare benefits payments. An emancipation order will not authorize the minor to receive per capita distributions as an adult. The minor will need to reach the actual age of 18 years old. [Res. 210121C (01/21/21); Res. 240414G (04/24/14); Res. 210710D (07/21/10); Ord. 151003 (10/15/03); Res. 021003 (10/02/03); Ord. 290998 (09/29/98); prior code § 2.05.220. Formerly 1.08.140]

1.08.160 Procedure in case of dispute over appropriate disposition of per capita payment.

Repealed by Res. 210121C. [Res. 240414G (04/24/14); Res. 260313 (03/26/13); Res. 171111C (11/17/11); Ord. 290998 (09/29/98); prior code § 2.05.230. Formerly 1.08.150]

Subchapter 4. Payments on Behalf of Adult Protected Persons

1.08.170 Per capita payments not subject to seizure.

(a) Funds for a scheduled per capita payment, while still in the possession of the Tribe before distribution, shall not be subject to seizure, execution, levy, garnishment, forfeiture, lien or encumbrance for any debt or obligation.

(b) A per capita payment that has been distributed to an authorized care provider or other appropriate person on behalf of a Tribal member shall not be subject to seizure, execution, levy, garnishment, forfeiture, lien or encumbrance for any debt or obligation of the authorized care provider or other such person. [Res. 210121C (01/21/21); Res. 240414G (04/24/14); Ord. 290998 (09/29/98); prior code § 2.05.240. Formerly 1.08.160]

1.08.180 Exclusive jurisdiction of the Tribal Court.¹

(a) The Puyallup Tribe has exclusive jurisdiction to hear all per capita matters in the Puyallup Tribal Court regarding adults including those who are disabled or incompetent in compliance with the Representative Payment Program Ordinance. The Puyallup Tribe, including its Tribal Court and Per Capita Department, will not recognize foreign court orders that direct custody, control or distribution of per capita checks.

(1) If a case is heard in another court involving Puyallup Tribal member adults, including those who are disabled or incompetent, where per capita benefits are involved, parties are required to:

(A) File a motion to bifurcate the hearing so that per capita matters are heard exclusively by the Puyallup Tribal Court; and

(B) File a motion in Puyallup Tribal Court requesting a hearing regarding the Puyallup Tribal per capita benefit(s).

(2) If a case is being heard more than 50 miles from the Puyallup Tribal Court and per capita issue(s) are involved, parties have the option of moving for a telephonic hearing covering any per capita issues relevant to the case. The Puyallup Tribal Court may grant the telephonic hearing if forum non conveniens issues create undue hardship for the parties.

(A) Those parties eligible for free advocacy services are entitled to utilize said services even though the hearing may be telephonic, so that the Puyallup Tribal Court can make a just determination regarding the per capita issue(s). [Res. 210121C (01/21/21); Res. 240414G (04/24/14); Res. 260313 (03/26/13). Formerly 1.08.170]

1.08.190 Administrative procedures for Per Capita Department records request.

(a) Tribal member’s personal and financial information that is kept by the Per Capita Department is considered sensitive information and confidential. However, the Tribe recognizes that there are times when the member, internal Tribal services programs or outside authorities may need to request information or records related to a specific member. These requests will be evaluated on a case-by-case basis and approved or denied within 30 days of receipt of request. In no event will a member be denied access to his or her own financial records from the Per Capita Department.

(b) All requests for information or records that are not based on execution of an approved Council Determination Report (“CDR”) shall be requested by filling out a Per Capita Department records request form. This form is available at the Per Capita Department or through contacting the Department for an electronic copy.

(c) Law office requests for information or records based on execution of a CDR are exempt from the records request form requirements, and require production of information or documentation within 72 hours of request, excluding weekends and holidays. [Res. 210121C (01/21/21)]

Code reviser’s note: Resolution 260313 adds this section as Section 1.12.170. It has been editorially renumbered to reflect the resolution’s intent.