Chapter 5.20
PER CAPITA DISTRIBUTION POLICY

Sections:

5.20.010    Restrictions on disbursement.

5.20.020    Procedures prior to distribution.

5.20.030    Distribution.

5.20.010 Restrictions on disbursement.

(1) Distributions shall only be made at the time(s) and amount(s) set by the Tribal Board of Directors, by resolution.

(2) Distributions shall only be made to or for the benefit of Tribal members.

(3) No check shall be distributed to or for the benefit of any Tribal member dually enrolled or in any stage of disenrollment proceedings, including dual enrollment or disenrollment investigations, pursuant to Chapters 5.10 and 5.05 TTC. Withheld per capita payments may only be distributed if, after the conclusion of such proceedings, it is determined the individual met all qualifications for membership at the date of issuance of the withheld per capita payments and was not dually enrolled.

(4) If the Enrollment Department cannot make a reasonable determination under this policy regarding who is entitled to a check, it shall not distribute the check and shall request the Tribal Court make the determination.

(a) The per capita of a child who is the subject of a custody or guardianship dispute shall be placed in the child’s minor’s trust account until the court determines who shall be the primary custodian or guardian.

(5) There shall be no distribution of checks prior to the date of distribution set by the Tribal Board of Directors.

(6) Per capita distribution will be scheduled for the first of every month. If the first day of the month falls on the weekend, the checks will be mailed or issued for direct deposit the Friday prior to the first of the month.

(7) All Tribal members picking up a check must show a valid and current Tribal ID card. All other persons must show a picture ID issued by a governmental agency.

(8) Any distribution pursuant to a Court or administrative order shall require a certified copy of such order be on file with the Enrollment and Finance Departments.

(9) All addresses and address changes must be in writing and filed with the Enrollment Department.

(a) Any member under the age of 18 must have parent or guardian change their address only.

(b) Returned checks will be held until the Enrollment Department receives a written, updated address change.

(c) If there is an error on the address then the check can be picked up at the earliest convenience of the member, once it is returned.

(d) If an incorrect address is not updated in writing before the mailing date, the Enrollment Department will hold the check until the corrected address change is filed.

(10) Only persons enrolled as a member of the Tulalip Tribes prior to the distribution date of the per capita payment shall be eligible to receive the per capita payment. Tribal members shall only be eligible to receive per capita payments prospectively from the effective date of their enrollment forward, and shall not be eligible to retroactively receive per capita payments distributed by the Tribes at any time prior to the effective date on their enrollment, regardless of whether such prior per capita payment was made during the same year as the effective date of their enrollment.

(11) Unless a different date is specifically provided by the Tulalip Board of Directors, the eligibility date for each per capita payment (including regular and bonus per capita payments) shall be the date the per capita payment is issued. Only persons living and enrolled as Tulalip Tribal members on the eligibility date shall be eligible to receive the per capita payment.

(12) If the Enrollment Department receives a petition for custody file stamped by the Court, the per capita payments of the children subject to the custody petition will be on hold until there is a permanent parenting plan in place or the Enrollment Department receives a temporary order specifying who is to receive the per capita payment. [Res. 2016-504; Res. 2012-532; Res. 2010-12; Res. 2005-417; Res. 2004-029; Ord. 119 § A, 5-31-2002 (Res. 2002-177)].

5.20.020 Procedures prior to distribution.

(1) The Tribal Board of Directors has passed a resolution declaring the date(s) and amount(s) for distribution.

(2) The Tribal member parent or guardian shall provide the Enrollment Department custody court orders, guardianships and modifications affecting Tribal members thereto prior to the first day of the distribution.

(3) beda?chelh shall provide the Enrollment and Finance Departments any court documents, Tribal, State or Federal, of which beda?chelh is reasonably aware, including but not limited to all trust account, removal, dependency, deprivations, custody orders, and other determinations affecting parental rights and regarding Tribal member minors prior to distribution.

(4) The Enrollment Department shall verify the name and address of all Tribal members, all Court and administrative orders, guardianships, trusts, and additions/deletions from the Tribal rolls for all checks prior to the first day of distribution.

(5) The Finance Department shall verify the loans, holds, encumbrances, deductions, Court and administrative orders, guardianships, and trust account deposits from the Tribal rolls for all checks prior to distribution. [Res. 2016-504; Res. 2012-532; Ord. 119 § B, 5-31-2002 (Res. 2002-177)].

5.20.030 Distribution.

Actual distribution to Tribal members of their per capita shall be by Tribal check made to those persons in the time, method and manner set forth below. The Enrollment and Finance Departments shall conform to this policy in the distribution of per capita checks (“checks”) for each Tribal member.

(1) A check payable to the Tribal member will be mailed or direct deposited to each Tribal member.

(2) Distribution of the approved portion of a Tribal member’s check under the age of 18 that is not placed in the minor’s trust shall be to the Tribal member’s parent(s) for the health, welfare and education of the minor in accordance with the following priority of entitlement:

(a) If the Tribal member has two Tribal member parents the check shall be made payable to the parents (“either/or”) for the benefit of the Tribal member, unless a Court order specifies otherwise.

(b) If the Tribal member has only one Tribal member parent then the check shall be made payable to the Tribal member parent for the benefit of the minor Tribal member, unless a Court order specifies otherwise.

(c) If the Tribal member has no Tribal member parent, then the check shall only be distributed for the benefit of the Tribal member pursuant to a Court or administrative order.

(3) Court or Administrative Order Affecting Distribution of Checks.

(a) Court orders affecting distribution of Tribal per capita payments shall not be interpreted as waiving Tribal immunity from suit and shall not be deemed effective unless the order is from the Tulalip Tribal Court and is based on Tulalip Tribal ordinance or resolution specifically allowing the Court to withhold per capita funds from a Tribal member.

(b) Court orders determining custody or guardianship of a minor must be complied with in determining distribution to a minor or guardian of a minor.

(4) Bonus Per Capita.

(a) Distribution will be first Saturday of December. Checks will be available for pick up from 9:00 a.m. to 4:30 p.m.

(b) All tribal members picking up a check must show a valid and current Tribal ID card. All other persons must show a picture ID issued by a governmental agency.

(c) Any POA or notarized letter authorizing another individual to pick up a check must be written within one year of the distribution date, otherwise it is null and void.

(d) Only Court order will be honored for deductions from the checks; any loans or obligations to the Tribes will not be withdrawn. [Res. 2012-532; Res. 2006-263; Ord. 119 § C, 5-31-2002 (Res. 2002-177)].