Skip to main content
Loading…
Article IV. Eligibility for Per Capita Payments
This article is included in your selections.
This section is included in your selections.

Every eligible tribal member who is living on the date of the per capita distribution is eligible to receive a per capita payment, unless:

A. That person relinquishes their membership in the Tribe pursuant to the Tribe’s relinquishment procedures. Such person shall not receive a per capita payment for the pay period in which they relinquished their membership; or

B. That person is deceased prior to the date of the per capita payment, in which case that person’s estate, heirs or designated beneficiary shall receive the per capita payment for one (1) fiscal quarter following the date of death of such eligible tribal member to provide for the period of time before the person’s death and the per capita distribution date; or

C. That person is between the age of eighteen (18) and twenty-one (21) and has obtained a high school diploma, GED or the equivalent demonstrating successful completion of secondary education, then that person is eligible to receive twenty-five percent (25%) of the per capita payment. The Tribal Council determines that in light of the need to motivate minors and eligible tribal members to seek secondary educational attainment, it is reasonable to impose a basic educational requirement of a high school diploma, GED or the equivalent demonstrating successful completion of secondary education as a condition precedent to receipt of a per capita payment; or

D. That person is under the age of twenty-five (25) and has not obtained a high school diploma, GED or the equivalent demonstrating successful completion of secondary education. The Tribal Council determines that in light of the need to motivate minors and eligible tribal members to seek secondary educational attainment, it is reasonable to impose a basic educational requirement of a high school diploma, GED or the equivalent demonstrating successful completion of secondary education as a condition precedent to receipt of a per capita payment; or

E. That person is not in good standing, as defined in this chapter. The Tribal Council and Office of the Chairperson has determined that good citizenship and lawful behavior of an eligible tribal member shall be a condition precedent to receipt of a per capita payment. As a result, it is reasonable to conclude that if a person is not in good standing, the individual has acted in violation of applicable tribal laws and/or owes a financial obligation to the Tribe for which no satisfactory arrangement of payment obligations has been made to the satisfaction of the Office of the Chairperson. Moreover, the Tribe has a responsibility to motivate eligible tribal members to respect and abide by applicable tribal laws and account for financial obligations owed to the Tribe. Therefore, to encourage eligible tribal members to modify their activities and conduct to abide by applicable tribal law(s) and to repay, and make payment arrangements for, any financial obligations owed to the Tribe, it is reasonable to impose a good standing requirement as a condition precedent to receipt of a per capita payment.

F. That eligible tribal member has forfeited any right to a per capita payment. To advance the personal health, safety, and welfare of tribal members and the Tribe, and to promote desired conduct, per capita payment(s) will be forfeited while any person is incarcerated. Forfeiture of per capita payment shall apply to criminal convictions from all jurisdictions in accordance with tribal law. The Tribe has a responsibility to promote positive behavior and deter conduct that is contrary to the well-being of tribal members and the Tribe. The person must completely serve the sentence prior to reinstatement of the per capita payment. Any forfeited proceeds shall be placed in a tribal account to fund and support the general welfare programs of the Tribe. (Res. 2021-56; Res. 2021-19)