§ 302 Eligibility; Death of Eligible Beneficiary
A. Enrollment as of January 1 Required. Except as otherwise provided in this Chapter, Tribal Members who are enrolled in the Tribe prior to January 1 of the year in which a Per Capita Distribution is made, shall be qualified to receive or defer a Per Capita Payment.
B. Tribal Members Enrolled After January 1, 2019. Tribal Members who are enrolled at any time after January 1, 2019, shall be entitled to receive or defer a Per Capita Payment as follows:
1. 20% of the full Per Capita Payment amount in Year 1 which begins January 1 of the year following the year of enrollment;
2. 40% of the full Per Capita Payment amount in Year 2;
3. 60% of the full Per Capita Payment amount in Year 3;
4. 80% of the full Per Capita Payment amount in Year 4;
5. 100% of the full Per Capita Payment amount in Year 5, and thereafter.
C. Dual Enrollment.
1. Any Tribal Member who is dual enrolled in the San Juan Southern Paiute Tribe and another federally recognized Indian Tribe is not eligible to receive or defer Per Capita Payments.
2. A Tribal Member found to be dual enrolled at the time he or she received or deferred a Per Capita Payment pursuant to this Chapter shall be required to reimburse the Tribe, plus interest accruing at a rate of ten percent (10%) per annum from the date he or she received the distribution or deferral, for any and all funds received or deferred by the Tribal Member during the time of dual enrollment. In addition to any other remedies prescribed by the Tribal Court, the Tribe shall be entitled to recover such funds from any amounts due and owing from the Tribe to the Tribal Member, including, but not limited to, from Tribal payroll, future Per Capita Payments, travel or expense reimbursements, Tribal trusts, or any other Tribal payment.
3. If a Tribal Member is denied a Per Capita distribution pursuant to § 302(C)(2), a notice will be provided by the Tribe by certified mail to the Tribal Member that the Per Capita Payment will not be disbursed to him or her as a result of dual enrollment. Notwithstanding the foregoing, failure to receive notice shall not extend the time period for filing a petition with the Tribal Court pursuant to Article 4 of this Chapter.
4. Any Tribal Member who is denied a Per Capita Payment may file a petition with the Tribal Court in accordance with Article 4 of this Chapter.
D. No Retroactive Payments. Tribal Members shall only be eligible to receive or defer Per Capita Payments after January1 following the effective date of enrollment and shall not be eligible to receive or defer any retroactive Per Capita Payments distributed by the Tribe, regardless if the prior Per Capita Payment was made during the same year as the effective date of enrollment or in any other prior year.
E. Determination of Membership. Membership in the San Juan Southern Paiute Tribe is determined in accordance with the Constitution of the San Juan Southern Paiute Tribe and Enrollment Ordinance (Title 3 of the Law & Order Code).
F. Access to Per Capita Payments. Provided that a Tribal Member is not otherwise Legally Incompetent, a Minor, or subject to a deferral or disclaimer agreement, Tribal Members are entitled to receive the direct distribution of Per Capita Payments upon reaching the age of eighteen (18).
G. Per Capita Benefits at Death. Upon the death of a Tribal Member who is otherwise eligible to receive or defer a Per Capita Payment, the estate of the Tribal Member shall be entitled to receive one final Per Capita Payment in an amount equal to the amount the Decedent would have otherwise been entitled to receive, provided that a Per Capita Distribution is scheduled by Resolution of the Tribal Council within one (1) year of the date of death of the Decedent. Distribution to the estate of the Decedent shall be in accordance with the probate laws of the San Juan Southern Paiute Tribe.
H. Satisfaction of Debts Owed to Tribe. Any debts owed by a beneficiary to the San Juan Southern Paiute Tribe shall be satisfied prior to a Tribal Member receiving a Per Capita Payment. The San Juan Southern Paiute Tribe is authorized to deduct and repay the Tribe from a Per Capita Payment any sums owed by a beneficiary to the Tribe prior to the beneficiary receiving the Per Capita Payment.
[Legislative History: Enacted by Resolution No. 2019-69, 6/3/2019; §302(C) amended by Resolution No. 2019-147, 11/19/2019]