A. A per capita payment shall be made, when as determined or declared in accordance with this chapter and all other applicable federal and tribal laws, out of the net distributable cash of the gaming enterprise, and such net distributable cash shall retain its character as property of the Tribe until payment of a per capita distribution is made therefrom.

B. No tribal member, nor any person or debtor claiming rights or interests derived from a tribal member, including any creditors of a tribal member for previously contracted obligations, shall be entitled to compel the making, assignment or transfer of a per capita distribution, and the timing and amount thereof, shall at all times prior to payment be subject to elimination or modification pursuant to this chapter; provided, that nothing contained herein shall preclude an action by any tribal member in Tribal Court as provided in this chapter.

C. No tribal member, nor any person claiming any right derived from a tribal member, including creditors of a tribal member for any contracted obligations, shall have any right, title, interest or entitlements in any per capita payment made pursuant to this chapter unless and until to which it relates occurs, and any right, title, interest and entitlement accruing upon the date of the per capita payment shall be subject to Section 9-503.

D. There are no intestacy rights with regards to the per capita payment of an eligible tribal member. Except as may be provided for by tribal law, in no event will per capita payments be subject to any preferred claim by the beneficiary or guardian; nor are any rights created between the beneficiary and the Tribe except as provided in Section 9-401(B).

E. Except as may be provided by tribal law, the per capita payment to an eligible tribal member may not be anticipated, assigned (either in law or equity), alienated, pledged, encumbered or subjected other legal or equitable process. (Res. 2021-56; Res. 2021-19)