[HISTORY: Adopted by the Tribal Council of the Nottawaseppi
Huron Band of the Potawatomi 1-19-2012 by Res. No. 01-19-12-09; amended in its entirety 1-18-2018 by Res. No. 01-18-18-06.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This resolution also amended the title
of this chapter, which was previously Bereavement Benefit Program.
A.
Creation. A Tribally sponsored general welfare program to provide
bereavement benefits for members of the Nottawaseppi Huron Band of
the Potawatomi is hereby established.
B.
Findings. The Tribal Council of the Nottawaseppi Huron Band of the
Potawatomi finds that:
(1)
The Constitution of the Nottawaseppi Huron Band of the Potawatomi
delegates to the Tribal Council the responsibility for adoption of
resolutions and laws not inconsistent with the Constitution to promote,
protect and provide for public health, peace, morals, education and
general welfare of the Tribe and its members.
(2)
The development and provision of adequate services for tribal members
and their families is a critical priority in providing for the general
welfare of tribal members.
(3)
There is a need among the tribal members for sufficient funds to
provide for funeral services so that those who have walked on can
be honored and remembered with dignity and grace.
(4)
Therefore, Tribal Council has approved a general welfare program
to provide bereavement benefits to assist tribal members with funeral
and related expenses associated with honoring current and past Tribal
Council members who have walked on and all tribal members who walk
on so that the costs of honoring our members is not a financial burden
for their families.
A.
Adoption. The Bereavement Benefit Program was adopted by Resolution
No. 01-19-12-09 and amended by Resolution No. 02-16-12-11 and amended
to the Bereavement Benefit General Welfare Program by Resolution No.
01-18-18-06.
B.
Amendment. This Program may be amended by the Tribal Council in accordance
with the Constitution and any rules set forth governing amendment
of laws of the Nottawaseppi Huron Band of the Potawatomi.
C.
Severability clause. If any provision of this chapter or its application
to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of this chapter which
can be given effect without the invalid provision or application,
and to this end the provisions of this chapter are severable.
D.
Effective date. The general welfare program established by this chapter
is effective as of the date of adoption by Resolution No. 01-19-12-09,
as amended by Resolution Nos. 02-16-14-11 and 01-18-18-06. Nothing
in this program as amended entitles any beneficiary to additional
retroactive benefits.
For purposes of this chapter, certain terms are defined in this
section The word "shall" is always mandatory and not merely advisory.
The person designated as the recipient of the bereavement
benefit funds and responsible for paying out those funds to the funeral
service providers and caterers who provide services for the deceased
tribal member who was eligible for the benefit.
This includes professional or commercial caterers such as
FireKeepers, costs of laypersons approved to apply for this benefit
by the beneficiary, and the beneficiary's costs of providing
food for a feast, luncheon or other food and beverages provided by
the beneficiary as part of the funeral or memorial services. The Membership
Services Department is also eligible for reimbursement of costs it
incurs when providing food and beverages for a funeral of an eligible
tribal member.
A document created by the Department of Vital Records, or
similar agency charged with the responsibility of recording records
of births and deaths, that provides the following information:
The name of the fetus, if it was given a name by the parents.
The number of weeks of gestation completed.
The date of delivery and weight at the time of delivery.
The name(s) of the parent(s) through whom the child would claim
eligibility for enrollment.
The name of the institution in which the fetus was delivered
or the name of the health professional in attendance if the delivery
was performed outside an institution.
A person between the ages of one year and 18 years.
The biological or adoptive parent(s) with legal and physical
custody of the infant or child and with whom the infant or child lives
with most of the time.
A document or certification of a person's death signed
by a medical doctor or other such certification that may be made by
a funeral home.
A document similar to a certificate of stillbirth that is
prepared for a fetus that dies prior to delivery, who has completed
twenty (20) weeks of in-utero gestation or weighs at least 400 grams
upon delivery. A fetal death report is prepared by the physician in
attendance or the medical examiner when the death occurs without a
medical provider in attendance. To substitute for a certificate of
stillbirth as proof of eligibility for the bereavement benefit, the
fetal death report must contain the same information as required in
the certificate of stillbirth.
A provider of services for a tribal member's funeral,
burial, or ceremonies. The following is a list of funeral service
providers eligible to receive funds under this chapter: funeral home,
crematorium, casket maker or retailer, cremation urn maker or retailer,
monument maker or retailer, member of the clergy, Traditional Healer
or other Traditional Practitioner recognized as such by the NHBP Culture
and Historic Preservation Office, hearse or other vehicle for hire,
including medical transporters used to move the body or family members
for the funeral, cemeteries, mortuaries, morgues, hospitals and/or
nursing homes to cover the deceased's final expenses.
A person from birth until one year of age.
The process of distributing the deceased's bereavement
benefit, if there is no designated beneficiary, or no last will and
testament. The benefit would go to the following persons in this order:
to the surviving spouse; if no surviving spouse then to the surviving
children in equal shares; if no surviving children, then to the surviving
parents in equal shares. If the Tribal Court determines that there
is no designated beneficiary, no surviving spouse, no surviving children,
and no surviving parents of the deceased, the Tribal Court will order
that any remaining bereavement benefit funds pay all funeral service
providers and caterers who applied for the funds, and any remaining
balance shall inure (go back to) to the Tribe.
A person assigned by a court of competent jurisdiction with
the duty and authority to provide care and control over another person.
The spontaneous expulsion of a fetus from the womb prior
to the 20th week of pregnancy or prior to the fetus reaching 400 grams
in weight and resulting in the death of the fetus. The term "miscarriage"
shall not include a fetus or child extracted for purposes of an abortion.
NHBP is an abbreviation for the Nottawaseppi Huron Band of
the Potawatomi and is used interchangeably with that name and the
abbreviation "Tribe."
A tribal member's natural child who has completed at
least twenty (20) weeks of in-utero gestation or weighs at least 400
grams and dies before delivery. The term "stillborn child" shall not
include a fetus or child extracted for purposes of an abortion or
a fetus that is miscarried.
A tribal member who was a duly elected member of the Tribal
Council of the Nottawaseppi Huron Band of the Potawatomi at the time
he or she walked on; or
A tribal member who formerly served as an elected member of
the Tribal Council of the Nottawaseppi Huron Band of the Potawatomi
and is duly enrolled with the Tribe at the time he or she walked on.
A person who is enrolled as a member of the Nottawaseppi
Huron Band of the Potawatomi at the time he or she walked on.
Tribe refers to the Nottawaseppi Huron Band of the Potawatomi
and is used interchangeably with that name and the abbreviation "NHBP."
A.
Amount.
(1)
Retroactive benefits. There are no retroactive benefits for those
tribal members who walked on prior to the adoption of this code or
for those beneficiaries who may have received less than the benefit
amount in this code due to a different benefit amount identified in
a prior version of this code or no benefit being available when the
tribal member walked on.
(2)
Bereavement Benefit Amount.
(a)
The bereavement benefit for tribal members and Tribal Council
members who walk on is established at $10,000. These funds are intended
to provide for a Tribal Council member's or a tribal member's
funeral services and other final expenses as those terms are defined
in this code. No cash payments will be made to any beneficiary without
proof of payment and/or arrangement for payment for the deceased tribal
member's funeral services.
(b)
An additional amount of up to $500 is available to pay caterers,
as defined in this code, to pay only the actual costs for food and
beverage, or catering services, which may include the set up and tear
down when paid to a commercial or professional caterer.
[1]
The beneficiary may present receipts for the actual amount paid
for food and beverages for reimbursement up to but not more than the
benefit amount.
[2]
Caterers and laypersons may present invoices for the costs of
their service, food or beverages provided so long as it is signed
off on by the beneficiary. Upon presentation of these costs approved
by the beneficiary, they may be paid directly for the costs of their
services up to but not for more than the benefit amount.
[3]
These funds may be advanced to a tribal member beneficiary,
a commercial or professional caterer upon presentation of an invoice
signed and approved by the beneficiary, or the Membership Services
Manager, for the purpose of purchasing food and beverages.
[a]
The Finance Department shall establish the appropriate
procedures and forms for the advancement of funds for this benefit.
[b]
Receipts and/or paid invoices accounting for the
advanced funds must be presented to the Finance Department within
ten (10) days of the advance, documenting the funds were used accordingly.
[c]
Excess funds are to be returned to the Finance
Department with the purchase receipts or invoices within ten (10)
days of the funeral service or feast.
[d]
Excess funds not returned or failure to provide
receipts to support the advancement of funds will result in a garnishment
from the tribal member beneficiary's per-cap payment.
B.
Changing the amount of bereavement benefit. The Tribal Council reserves
the right to amend the bereavement benefit amount by resolution stating
such change without prior notice to the membership.
A.
General. All NHBP enrolled tribal members are eligible for the bereavement
benefit; however, an individual must be duly enrolled with the Nottawaseppi
Huron Band of the Potawatomi at the time he or she walks on in order
to have the bereavement benefit paid to his/her beneficiary.
B.
Enrolled Member Child or Infant. The custodial parent or legal guardian
of an enrolled child or infant may apply for the bereavement benefit
on the child's or infant's behalf. The heirs to the child
or infant's benefits under the Revenue Allocation Plan have no
effect on eligibility for benefits under this chapter.
C.
Unenrolled Child or Infant. The custodial parent or legal guardian
of an unenrolled child or unenrolled infant may apply to the Enrollment
Committee for a decision regarding whether or not the child would
qualify for enrollment pursuant to the Enrollment Code. A child or
infant the Enrollment Committee determines as eligible for enrollment
is then eligible for the bereavement benefit.
(1)
The Enrollment Committee shall apply the eligibility for enrollment
standards in the Enrollment Code.
(a)
The parents or legal guardians shall have the burden of proof and be required to produce such documentation for eligibility as are described in § 2.1-11 of the Enrollment Code.
[1]
For an infant who does not have a social security card, the
infant shall not be precluded from eligibility for enrollment for
purposes of the bereavement benefit based on the absence of that document
alone.
[2]
For children ages one to 18, a copy of the child's social
security card is required to prove eligibility for enrollment.
(b)
A child or infant claiming eligibility solely through the father
may forgo the DNA test required in the Enrollment Code, when the father's
name is on the birth and death certificates.
(2)
The Enrollment Committee shall provide the Enrollment Office and
the parent or legal guardian of the child or infant with a written
decision within sixty (60) days from the date of application to the
Committee. The Committee may extend this deadline based on a request
from the parent or legal guardian in order to obtain necessary documentation.
(3)
The Enrollment Committee's decision is appealable pursuant to
the Enrollment Code.
D.
Stillborn Child. The parent of a stillborn child may receive this
benefit by presenting any of the following documentation to the Enrollment
Office verifying that the stillborn child is the child of an enrolled
NHBP member: certificate of stillbirth, fetal death report, death
certificate, or birth certificate. Any one of these documents is sufficient
evidence. To verify eligibility for enrollment the documentation must
list the name of the enrolled NHBP member as one of the parents of
the stillborn child.
E.
Miscarried Child. A child miscarried in accordance with the definition
for miscarriage in this code is not eligible for the bereavement benefit.
A.
Filing of Designation Form. It is the obligation of tribal members
to file a beneficiary form with the Enrollment Office.
B.
Distribution of Bereavement Benefits.
(1)
Payment of bereavement benefits will be initiated by the Enrollment
Office upon receipt of a written request for bereavement benefits
from either:
(a)
The beneficiary designated on the beneficiary form completed
by the tribal member or the beneficiary form completed by his/her
custodial parent or legal guardian; or
(b)
Directly to a funeral services provider or caterer upon receipt
of an invoice or receipts authorized for payment by the beneficiary;
or
(c)
If the tribal member did not file a beneficiary form:
[1]
According to the wishes of the deceased as expressed through
his/her will or if there is no will then in accordance with intestate
succession as defined in this code if the deceased is an infant, child
or stillborn child to the custodial parent(s) of the deceased.
[2]
If the deceased tribal member has no surviving spouse, child/children,
or parent(s), the distribution of funds shall be allocated in accordance
with the definition of intestate succession in this code as determined
by the Tribal Court, provided that, in the event there is no taker
the remaining balance shall inure to the Tribe.
[a]
The Finance Department shall act as the holder
of any funds pending the outcome of a hearing before the Tribal Court
or should a designated beneficiary or intestate successor not come
forward to claim the funds.
[b]
The Finance Department shall hold funds for not
longer than three (3) years from the date the tribal member walked
on, the date the child, infant or stillborn child is determined eligible
for the benefit or the final order of the Tribal Court, whichever
occurs last. After three (3) years, the funds will be presumed to
be unclaimed and shall inure to the Tribe.
(2)
Payment to beneficiaries; use of payment.
(a)
The designated beneficiary may utilize the bereavement benefit
funds for the costs of funeral service providers and such other final
costs of the deceased. Any funds remaining after the funeral services
and other final costs are paid may be distributed directly to the
beneficiary.
(b)
Payment of bereavement benefits to designated beneficiaries
will be paid by the following methods:
[1]
Directly to the funeral services provider upon submission of
an invoice for services and a signed authorization by the designated
beneficiary directing assignment of the bereavement benefit for payment
of the service.
[2]
Directly to the designated beneficiary one hundred twenty (120)
days after the date of death or sooner upon a showing of receipts
for paid funeral, burial, or cremation expenses.
(3)
Unpaid Services. Once the total amount of the benefit has been paid
out, no additional funds are authorized for disbursement regardless
of to whom a debt may be owed. Funeral service providers and caterers
may make a claim in Tribal Court against a designated beneficiary
or heir to the benefit for the costs of services rendered yet unpaid.
(4)
Payment of bereavement benefits in those cases in which the decedent
did not file a beneficiary form will be made as follows:
(a)
If the costs of a funeral services provider have already been
paid in full by a relative or care-provider for the deceased, the
person who paid the funeral services provider may be reimbursed for
those costs by presenting copies of paid invoices and/or receipts
to the Enrollment Office verifying payment to the funeral services
provider;
(b)
If the costs of the funeral services provider have not been
paid in whole, the bereavement benefits will be paid by two-party
check(s) made payable jointly to the funeral services provider and
the individual identified on the invoice as responsible for payment
regardless of whether or not partial payment has been made.
(c)
If bereavement benefits remain after the funeral service providers
and caterers have been paid, the balance, if any, will be paid according
to the wishes of the deceased as expressed through his/her will or
if there is no will then to the surviving spouse of the deceased or,
if an infant, child or stillborn child to the custodial parent(s)
of the deceased. If the deceased tribal member has no surviving spouse,
the distribution of funds shall be allocated in accordance with the
definition of intestate succession determined by the Tribal Court,
provided that, in the event there is no taker the remaining balance
shall inure to the Tribe.
(5)
Missing Designee. If the designated beneficiary of the deceased cannot
be contacted or found, the bereavement benefits of the deceased will
be held by the Tribe's Finance Department for three (3) years.
If the bereavement benefits are not claimed by the designated beneficiary
within three (3) years of the deceased walking on, the bereavement
benefit or remaining balance shall inure to the Tribe.
