mygilariver.com

Office of the Treasurer

Receipt of per capita payments is not mandatory; it is available to you if you want to receive it. You will be able to apply for per capita distribution with the Per Capita Application Packet. A Per Capita Office has been established so you can be informed on all updates regarding per capita.

Please read the Per Capita Fact Sheet of this packet and the Per Capita Application Instructions carefully, as they contain important information that will help you apply successfully.

Applications are also available at the Per Capita Office or by mail by simply contacting the Per Capita Office to have one mailed to you.

PCO = Per Capita Office

Per Capita Schedule:

Application Deadline

Payment Date

March 15 April 30
June 15 July 31
September 15 October 31
December 15 January 31

*If either the application deadline or the payment date falls on a holiday or weekend, such deadline or payment will be effective on the next business day following the date noted above.

New applications – you can apply in person at the Per Capita Office, send by mail, or use the Governance Center drop box. (You can apply if you will be 18 years old by the Payment Date , even if you are 17 years old at the time you apply. The Application deadline still applies.)

Updates - on per capita payment method, name, and address.

Per Capita Power of Attorney forms – forms must be notarized by the Application Deadline in order to pick up the check  on the Payment Date.

All address changes are handled by the GRIC Enrollment Department (520) 562-9790.  (Chase pay card customers only – after Enrollment address change, contact the PCO for additional updates.)

PCO is open for all per capita and minor trust questions and forms.

OTHER PCO NOTES:

  • Check Stubs: Please keep your earnings statement (check stub) on file for income verification (required when you apply with any tribal, state, or federal assistance program).
  • W-9 Form: If you mailed us your application or used the drop box, and do not have a W-9 form in your per capita file, please fill out and sign a W-9 form, and return it to the PCO.
  • Per Capita Power of Attorney (POA): This per capita form is valid for one (1) year from the date of notary. If needed beyond one year, the Principal must submit a new POA.
  • Notary: On forms that need notarization, make sure your signature date is the same as the notary’s date.
  • Fax: Per office policy, incoming or outgoing FAX is not allowed. Original documents must be sent by mail or dropped off at the Governance Center drop box.
  • Forms: All forms available on the Community website: www.mygilariver.com.

 

Per Capita Minor Trust

This trust fund is different than the Docket trust handled by the BIA Office of Special Trustees.Eligibility - child needs to be enrolled with the GRIC Enrollment Department. You do not need to turn in an application. Please make sure your child’s address at the Enrollment Dept. is current.Trust account is set up as a future investment for your child.

All account information – contact:

Providence First Trust Co. (GRIC trust administrator)

(800) 350-0208 or (480) 282-8812 -- GRIC member lines

7501 E. McCormick Pkwy., C-101Scottsdale, AZ 85258

Special payment requests:

  • Only when special needs arise for the health, education, or welfare of your child; not for the needs of the parents or the household.
  • If no other tribal, state, or federal agency will pay the expense;if applying, send forms (2) to Providence First Trust. They must be at the Providence offices by the last day of the calendar quarter. If approved, checks are mailed by the 15th of the following month (subject to change).
  • Forms and instructions available on the per capita website (www.mygilariver.com), the Per Capita Office, or through Providence First Trust.

Minors Turning 18 Years Old

A) Applying for Per Capita Adult (Voluntary)

In order to receive future per capita payments, submit an adult per capita application to the Per Capita Office. The applicant must:

  1. Be 18 years old by the ordinance Payment Date (Apr 30, Jul 31, Oct 31, Jan 31), and
  2. Meet the ordinance Application Deadline Date (Mar 15, Jun 15, Sep 15, or Dec 15) that is prior to the Payment Date.

A minor with a birthday between the Application Date and the Payment Date can apply even though s/he is 17 years old at the time.

B) Per Capita Minor Trust Account

Per capita payments to a minor’s trust account stop after the minor’s 18th birthday.To receive all the per capita trust fund monies from your account, the applicant must:

  • Be 18 years of age or older, and Have graduated from high school or completed a GED program.

Otherwise, funds can be requested when the adult has reached 21 years of age (no diploma or certificate required).

To apply for your trust funds:

  • Fill out the Trust Termination form (www.mygilariver.com/percapita)
  • Attach copy of diploma or GED certificate- Submit to Providence First Trust.

Trust termination requests are processed once a quarter. Form and school document must be at the Providence offices on or before the last day of the calendar quarter. Per the Trust Guidelines, the Gila River Indian Community Council must approve all requests. When approved, your payment will be made in accordance with the per capita quarterly payment schedule (January, April, July, or October).

Revenue Allocation Ordinance

GILA RIVER INDIAN COMMUNITY ORDINANCE GR-07-09 TITLE 22 – GAMING

CHAPTER 13. REVENUE ALLOCATION

22.1301 General Provisions

A. Authority. The Gila River Indian Community Constitution and Bylaws (March 17, 1960) were formed pursuant to the Indian Reorganization Act (25 U.S.C. § 461 et seq.) and adopted for the common welfare of the Community and to provide for self government. The Community enacts this ordinance under its inherent civil, legislative, adjudicative and regulatory authority.

B. Findings. Recognizing that the well-being and general welfare of members of the Community is a concern of the highest priority for the Community Council, the Community Council finds:

  1. That on June 19, 2007, at a special election, the qualified voters of the Community approved an initiative to support the distribution of quarterly per capita payments to enrolled Community members, and that such quarterly payments shall be derived from income generated by the Community’s gaming and other enterprises;
  2. That any disbursement of per capita payments must be done in a fiscally responsible manner, taking into account the Community’s obligation to secure the well-being and general welfare of Community members, and duty to protect the Community’s sovereignty and territorial integrity, and preserve its natural resources; and
  3. That the Community Council must establish a responsible and consistent methodology for disbursing per capita payments derived from gaming revenues and regulated by the Indian Gaming Regulatory Act, 25 U.S.C. 2701 et. seq. (“IGRA”).

C. Purpose. The intent and purpose of this chapter, among other things, is to specify the procedure to be followed in disbursing per capita payments from net gaming revenues as required under IGRA.

D. Definitions. Whenever used in this chapter, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof. When used in a context consistent with the definition of a listed term, the term shall have the meaning as defined below.

  1. “Application Deadline” means, with respect to any Payment Date, the dates set forth in Section 22.1303(C).
  2. “Community” means the Gila River Indian Community, a federally recognized Indian tribe.
  3. “Community Council” means the legislative branch of the Gila River Indian Community as established in the Constitution and Bylaws of the Gila River Indian Community, approved March 17, 1960.
  4. “Community Court” means the courts of the Gila River Indian Community.
  5. “Community member” means an enrolled member of the Gila River Indian Community.
  6. “Eligible Community member” means an enrolled member of the Gila River Indian Community eligible to receive per capita payments under Section 22.1303.
  7. “Enrollment Ordinance” means the 2005 Enrollment Ordinance, Ordinance GR-02-05, codified at Title 8, Chapter 1 of the Gila River Indian Community Law and Order Code, as amended.
  8. “Fiscal year” means the 12 month period of time from October 1 to September 30 of the following calendar year.
  9. "Fiscal Quarter” means the three-month periods of time to which the Payment Dates relate as specified in Section 22.1302(H)(1).
  10. “Legally incompetent adult” is as defined in 25 C.F.R. §290.2 and means a person, age 18 years or older, who has been declared by order of a court of competent jurisdiction to be under legal disability.
  11. “Net gaming revenues” means the revenues identified as “Distributions to Gila River Indian Community” on the Gila River Gaming Enterprise financial statements, consisting of the net revenues derived from the Gila River Indian Community gaming operations after payment of prizes, debt service, other gaming-related operating expenses, and capital expenditures.
  12. “Payment Date” means the dates for payment of per capita payments set forth in Section 22.1302(H).
  13. “Per capita payment” means payments made or scheduled to be distributed to or for the benefit of eligible enrolled members of the Gila River Indian Community which are paid from net gaming revenues, as defined herein, pursuant to Section 22.1302(H). This definition does not apply to revenues which have been set aside by the Gila River Indian Community for bona fide programs, for which participants have met the program’s written eligibility criteria, such as programs for social welfare, medical assistance, education, housing or other similar, specifically identified needs. Further, this definition does not apply to any Community revenues or other assets which are not gaming revenues.
  14. “Waiver Deadline” means, with respect to any Payment Date, the dates set forth in Section 22.1303(E).

22.1302 Allocation of Net Gaming Revenues.

A. Percentage Breakdown. Net gaming revenues shall be expended in accordance with this chapter and the Community’s budget appropriation process for the Community’s fiscal year. The Community Council is the sole decision-making body as to the allocation of net gaming revenues to the funding categories described in this chapter and as to the determination that expenditures of net gaming revenues fall into one funding category rather than another funding category. The annual Community budget shall include a percentage breakdown of the use of net gaming revenues that equals one hundred percent (100%) in accordance with the following:

  1. Thirty to sixty-four percent (30% to 64%) to fund Community government operations and programs.
  2. Fifteen to forty-nine percent (15% to 49%) to provide for the general welfare of the Community and its members.
  3. Ten to forty-four percent (10% to 44%) to promote Community economic development.
  4. Zero to one percent (0% to 1%) for charitable contributions.
  5. Zero to one percent (0% to 1%) to fund local government operations.
  6. Eleven percent (11%) to fund per capita payments.

B. Annual Budget.Budgeting for the allocation of net gaming revenues shall be in accordance with the following:

  1. The Community Treasurer shall disburse net gaming revenues allocated pursuant to this chapter in accordance with an annual budget approved by a Community Council resolution.
  2. The Community Council, at its discretion, may amend its annual budget via Community Council resolution, provided it includes a percentage breakdown of the use of net gaming revenues that equals one hundred percent (100%) in accordance with the Section 22.1302(A).
  3. Any net gaming revenues allocated to fund the purposes identified in Sections 22.1302(A)(1-5), that have not been expended as of the last date of the fiscal year may be allocated at the Community Council’s discretion to any of the categories enumerated in Section 22.1302(A), except that these funds shall not be used for per capita payments.

C. Government Operations and Programs. The portion allocated to fund Community government operations and programs shall fund those government departments, offices, or programs needed to perform the functions of the Community government and capital projects associated with these functions.

D. General Welfare.The portion allocated to provide for the general welfare of the Community and its members shall fund programs related to the health, education and welfare of the Community and its members, as well as capital projects associated with general welfare.

E. Economic Development. The portion allocated to promote Community economic development shall fund long-term investments, reserve funds, infrastructure needs, land use regulation, land use planning, and those departments, offices or programs tasked with promoting and/or regulating economic development within the Community, as well as capital projects associated with these functions. In addition, the Community Council shall have authority to appropriate and expend net gaming revenues to supplement funding for ongoing Community business enterprises and fund new economic development ventures. Requests for supplemental funding for Community business enterprises or to fund new economic development ventures shall be considered in accordance with procedures adopted by the Community Council.

F. Local Government. The portion allocated to fund local government operations will be administered by the Community Council or its designee.

G. Charitable Donations. The portion allocated for charitable donations will be administered by the Community Council or its designee.

H. Per Capita Payments.

1. The portion allocated to fund per capita payments shall be deposited by the Community on a monthly basis at the end of each month in a low-risk interest bearing account (“Per Capita Fund”) with a federally insured financial institution prior to distribution. Per capita payments shall be made quarterly from the deposits in the Per Capita Fund during the three previous months, including accrued interest on such deposits, on the following Payment Dates:

Payment Date Deposits Distributed
April 30 Deposits in January, February and March
July 31 Deposits in April, May, and June
October 31
Deposits in July, August and September
January 31 Deposits in October, November and December

2. If it is determined at the conclusion of the audit of the financial statements of the Community and the Gila River Gaming Enterprise for any fiscal year that the per capita payments that were paid to Community members or contributed to trusts for their benefit with respect to such fiscal year were, in fact, greater or less than 11% of the Community’s net gaming revenues for such fiscal year, then an appropriate adjustment downward or upward, respectively, will be made in the amount of the per capita payments to be paid or contributed to trusts on the first Payment Date following the conclusion of the audit. 3. The Community shall establish the Per Capita Fund on or before July 31, 2009. Net gaming revenues designated for per capita payments shall be deposited into the Per Capita Fund beginning on July 31, 2009. Thus, the per capita payments to be made with respect to the Community’s fiscal year ending September 30, 2009, shall equal 11% of the Community’s net gaming revenues for the period from July to September 2009, and the first Payment Date shall be October 31, 2009 or, if later, as soon as practicable after approval of this ordinance by the Area Bureau Office as set forth in 25 C.F.R. Part 290.

22.1303 Eligibility for Per Capita Payments.

    A. Eligibility Conditions. All members of the Community who are enrolled in the Community on the Application Deadline for the Payment Date and on the Payment Date shall be eligible for a per capita payment for that Payment Date. If the Community member is a legally competent adult, the following requirements must be satisfied for each Payment Date: (1) the Community member has completed and filed in-person or by mail a one-time application to receive per capita payments meeting the requirements of Sections 22.1303(C) and (D); (2) there is no written waiver of per capita payments in effect for the Community member; and (3) the Community member was alive on the Application Deadline and the Payment Date. Community members who are minors or legally incompetent adults and are alive on the Application Deadline and the Payment Date shall have per capita payments deposited in trusts established for their benefit in accordance with Section 22.1306 and are not required to complete an application.

    B. Membership. Membership in the Community shall be determined in accordance with the Enrollment Ordinance. The rights of an individual to appeal an adverse determination of his or her membership shall be determined by the Enrollment Ordinance.

    C. Application Deadline. In order to provide for the orderly review and consideration of applications for per capita payments, the Application Deadlines with respect to each Payment Date are as follows:

Application Deadline - Payment Date
Application Date
Payment Date
March 15 April 30
June 15 July 31
September 15 October 31
December 15 January 31

 

    If either the Application Deadline or the Payment Date falls on a holiday or weekend, such deadline or payment will be effective on the next business day following the date noted above. The Per Capita Office will publish a schedule at the beginning of each fiscal year announcing the effective dates.

    D. Contents of Application. The application referred to in Section 22.1303(A) must include an election to receive payments by direct deposit, pay card, or check issued to the beneficiary in Sacaton, Arizona. Checks that are not claimed within thirty (30) days from the date checks are made available shall be transmitted by mail to the recipient’s last known address. The Community shall not be liable for any lost checks or taxes owed, whether or not the recipient receives the check. If a check is returned, the recipient forfeits his or her rights to receive that payment. All funds derived from forfeited checks shall be deposited in the Community’s general fund.

    E. Waiver of Future Per Capita Payments.

    1. A legally competent adult Community member who has previously filed an application for per capita payments may later waive his or her rights to future per capita payments by filing a written waiver with the Per Capita Office.

    2. To be effective for any Payment Date and thereafter, the written waiver must be received by the Per Capita Office before the Fiscal Quarter to which such Payment Date relates, as follows:

    Payment Date Waiver Deadline

    April 30 December 31

    July 31 March 31

    October 31 June 30

    January 31 September 30

As with the Payment Date and the Application Deadline, if the Waiver Deadline falls on a holiday or weekend, such deadline will be effective on the next business day following the date noted above. The schedule published by the Per Capita Office at the beginning of each fiscal year announcing the Payment Dates and Application Deadlines shall also announce the Waiver Deadlines.

3. A Community member who has filed a written waiver shall not be eligible to receive any per capita payments for the Payment Dates to which such waiver relates as long as such waiver remains on file with the Per Capita Office. Such a waiver may be revoked with respect to future Payment Dates but only if the waiver has been in effect for at least four Payment Dates. In order for a revocation to be effective, it must be in writing, must designate the first Payment Date to which it relates, and must be received by the Per Capita Office before the Fiscal Quarter to which such Payment Date relates. For example, for a revocation of a waiver to be effective for the Payment Date of July 31, 2011, the waiver must have been in effect since the Payment Date of July 31, 2010 or an earlier Payment Date, and the revocation must be received by the Per Capita Office on or before March 31, 2011.

22.1304 Per Capita Payment Distribution

A. Amount of Each Per Capita Payment. The quarterly per capita amount to be distributed to, or accounted for, each individual shall be determined as follows:

  1. Each year the Community Council shall allocate a portion of net gaming revenues for individual per capita payments in accordance with Section 22.1302(H). Each quarterly amount, less the cost of administering and maintaining per capita payments and trusts, shall be divided by a quarterly denominator which consists of the eligible competent adult Community members and a certified census of minors and legally incompetent adults.
  2. The quarterly denominator shall be the sum of those individuals who are eligible as of the Application Deadline to receive per capita payments.
  3. The amounts to be used for the quarterly denominator shall be obtained from the Per Capita Office and Enrollment Office via certified memo.

B. Schedule for Distribution to Legally Competent Adult Members.

  1. Per capita payments for competent adult Community members shall be distributed by direct deposit or pay card on the Payment Date.
  2. The first pay card for competent adult Community members who elect to receive payment via pay card will be distributed no later than one week prior to the Payment Date.
  3. Per capita payments for competent adult Community members will be distributed by check in Sacaton, Arizona not more than five (5) business days after the Payment Date at a location designated by the Per Capita Office.

22.1305 Garnishment

A. Child or Spousal Support. If the Community has knowledge that any legally competent adult Community member entitled to receive a per capita payment is delinquent with respect to a duty of child or spousal support under an order issued by a court of competent jurisdiction of any federally recognized Indian tribe or state, such per capita payment shall be allocated to the satisfaction of such support obligation in priority over any distribution or allocation of such benefit otherwise provided under this chapter. Debts under this Section shall be given priority over any other debt for garnishment purposes. Nothing in this provision shall create a duty of financial obligation on the part of the Community to any support obligee or third party.

B. Debts Owed to the Community. If the Community has knowledge that any legally competent adult Community member entitled to receive a per capita payment is delinquent with respect to a debt owed to the Community, such per capita payment shall be allocated to the satisfaction of the debt. Community members may appeal an allocation to repay a delinquent debt owed to the Community under the procedures set forth in Section 22.1308.

C. Community Court. If the Community has knowledge that any legally competent adult Community member entitled to receive a per capita payment is delinquent with respect to a valid existing Community Court order requiring payment of a fine, restitution, or establishing liability of the Community member, then the Community Court shall receive satisfaction of the Community Court’s outstanding claim prior to distribution of such per capita payment under this ordinance. Nothing in this provision shall create any duty, financial obligation, or liability on the part of the Community Court or the Community to any third party obligee or party obligee.

D. Other Debts. Except as provided in this Section, the Community shall not recognize or enforce any other claim, levy, attachment, or other interest in a per capita payment, unless otherwise required by law.

E. Priority of Debts. Except as provided in this Section, priority of obligations or debts for garnishment under this Section shall be given to the claim(s) made first in time, unless otherwise required by law.

22.1306 Per Capita Payments for Minors and Legally Incompetent Adults.

A. Trusts; General Provisions.

  1. Per capita payments for Community members who have not reached age 18 on or before the Payment Date (“minors”) and for legally incompetent adult Community members shall be contributed to separate grantor trusts established for the benefit of such members in order to provide for such members’ well-being and to protect and preserve their interests. The per capita payments contributed to the trusts will be invested, with any income earned thereon to be accumulated in the trusts, for future distribution to the beneficiaries of the trusts.
  2. The Community Council shall be the trustee of the trusts. The Community Council intends to enter into a trust administration services agreement with a nationally recognized, reputable and safe financial institution for the purposes of protecting and preserving the interests of minors and other legally incompetent persons who are eligible for per capita payments. The financial institution will maintain and administer the trusts in accordance with this chapter and with the guidelines outlined in the trust administrative services agreement.
  3. The interest of each beneficiary shall be accounted for separately by the trust administrator, and a trust account statement shall be available at least semiannually to the parent or legal guardian of each minor beneficiary and to the legal guardian of each legally incompetent adult beneficiary.
  4. It is the intent of the Community Council that neither the assets of any trust established pursuant to this Section 22.1306 nor any member’s interest in future distributions of benefits pursuant to this Section will be subject to alienation, assignment, encumbrance or anticipation by a member; to garnishment, attachment, execution or bankruptcy proceedings; to claims for spousal maintenance, child support or an equitable division of property incident to the dissolution of marriage; to any other claims of any creditor or other person against the member; or to any other transfer, voluntary or involuntary, by or from any member, pursuant to a Community Court judgment against the member or otherwise.
  5. It is the intent of the Community Council that the benefits contributed to any separate grantor trust shall be includible in the gross income of the beneficiary for federal income tax purposes no earlier than the date, and only to the extent, that the beneficiary is entitled to distributions from the trust. The separate grantor trusts are intended to fall within the safe harbor under which the IRS will treat an Indian tribe as the grantor and owner of the trust for the receipt of gaming revenues under IGRA, as set forth in IRS Rev. Proc. 2003-14, 2003-1 C.B. 319, as it may be amended from time to time.

B. Trusts for Minors.

  1. All assets accumulated in the trust or trusts for the benefit of a minor will be distributed to the minor on the Payment Date following the date that the minor reaches age 18, provided that the minor has graduated from high school or received a GED at the time of the distribution. If the minor has not graduated from high school or received a GED by such time, all assets accumulated in the trust or trusts for the benefit of the minor will be distributed on the Payment Date following the date that (i) the minor graduates from high school or receives a GED, or (ii) the minor reaches age 21, whichever first occurs. A minor reaching age 18 or otherwise satisfying the eligibility requirements for distribution of all of the trust assets must apply to the Per Capita Office for the distribution, providing sufficient evidence of eligibility. Upon submission of such evidence, the distribution will be approved.
  2. Prior to the time the beneficiary becomes eligible for any distribution pursuant to Section 22.1306(B)(1), upon the written petition of the parent or legal guardian of the beneficiary (or upon the written petition of the beneficiary if such beneficiary has reached the age of 18) filed with the trust administrator, trust assets shall be distributed to such parent or guardian (or such beneficiary) in such amounts as from time to time the trust administrator, in its discretion, deems absolutely necessary for the beneficiary’s health, education, or general welfare and only to the extent that no other funds are available for these purposes. The trust administrator shall be guided in the exercise of its discretion in denying or approving such petitions by guidelines established from time to time by the Community Council. Such petition shall include:
a. an explanation of the health, education, or welfare needs of the beneficiary;
b. a detailed budget of the funds necessary to meet those needs; and
c. any other documentation or information (including receipts for any expenditures made on behalf of the beneficiary) that the trustee or trustees reasonably request.

With respect to any distribution authorized to be made prior to expenditures on behalf of the beneficiary, the trust administrator shall require that the petitioning parent or guardian (or beneficiary) provide an accounting to the trust administrator for any expenditures made from distributions from the trust or trusts, along with receipts and/or other documentation substantiating the accounting. A parent or guardian (or beneficiary) who disagrees with a decision by the trust administrator on a petition for distribution may appeal the decision in accordance with a dispute resolution process established in the trust administration services agreement.

3. If any trust assets remain at the beneficiary’s death, the trust will terminate and the remaining trust assets (including any accumulated net income) will be distributed to the beneficiary’s spouse, or, in the absence of a surviving spouse, will be distributed in equal shares to any surviving children of the beneficiary or to one or more trusts for the benefit of such children, or, in the absence of surviving children, will be distributed in equal shares or on such other equitable basis as may be determined by the Community Court to any surviving parents of the beneficiary who are members of the Community, or, in the absence of either surviving children or surviving parents who are members of the Community, will be distributed in equal shares to any surviving siblings of the beneficiary who are members of the Community, or, in the absence of either surviving children or surviving parents who are members of the Community or surviving siblings who are members of the Community, will revert to the Community; provided, however, that trust assets shall not be distributed to any individual whose gross negligence, recklessness, or willful misconduct caused or contributed to the death of the beneficiary, as determined by the Community Court.

4. When the minor reaches age 18, said member may receive, in accordance with Section 22.1303 and provided that the member files the required one-time application described in that Section, subsequent per capita payments directly thereafter.

C. Trusts for Legally Incompetent Persons.

  1. The Community as trustee/grantor, and the financial institution administering the trust, shall delegate their trust responsibility and authority in the specific area of 25 C.F.R. 290.12(b)(3)(i)-(iii) to the Community Court.
  2. Upon the petition under the letter of authority, the legal guardian of the legally incompetent Community member may request the Community Court to distribute trust assets to the legal guardian of the legally incompetent Community member in such amounts as from time to time the Community Court, in its discretion, deems necessary for the incompetent member’s health, education, and welfare, including amounts for any unreimbursed medical expenses. In exercising its discretion in denying or approving such petitions, the Community Court shall seek to preserve the legally incompetent Community member’s trust assets while providing for the member’s health, education and welfare consistent with Community law.
  3. The Community Court may require that the petitioning legal guardian submit receipts of expenditures made on behalf of the incompetent member before any disbursements are made from distributions of the incompetent member’s trust. With respect to any distribution authorized to be made prior to expenditures on behalf of the beneficiary, the trust administrator shall require that the petitioning legal guardian provide an accounting to the Community Court for any expenditures made from distributions from the trust or trusts, along with receipts and/or other documentation substantiating the accounting. The Community Court may, at its discretion, authorize the establishment of regular monthly distribution from the trust of the legally incompetent Community member.
  4. If any trust assets remain at the beneficiary’s death, the trust will terminate and the remaining trust assets (including any accumulated net income) will be distributed to the beneficiary’s spouse, or, in the absence of a surviving spouse, will be distributed in equal shares to any surviving children of the beneficiary or to one or more trusts for the benefit of such children, or, in the absence of surviving children, will be distributed in equal shares or on such other equitable basis as may be determined by the Community Court to any surviving parents of the beneficiary who are members of the Community, or, in the absence of either surviving children or surviving parents who are members of the Community, will be distributed in equal shares to any surviving siblings of the beneficiary who are members of the Community, or, in the absence of either surviving children or surviving parents who are members of the Community or surviving siblings who are members of the Community, will revert to the Community; provided, however, that trust assets shall not be distributed to any individual whose gross negligence, recklessness, or willful misconduct caused or contributed to the death of the beneficiary, as determined by the Community Court.

22.1307 Taxation

All per capita payments made to legally competent adult members, and all distributions for the separate grantor trusts established for the benefit of minor and legally incompetent adult members, are subject to federal taxation, and members receiving such per capita payments and trust distributions shall be subject to withholding of federal income tax in the manner and to the extent provided by applicable law. The Community shall notify eligible Community members that the payments and trust distributions are subject to federal income taxation when paid or distributed, as applicable.

22.1308 Per Capita Office

A. Per Capita Office. The Community does hereby establish a Per Capita Office, which is a separate office under the Office of the Community Treasurer. The Per Capita Office shall be responsible for the efficient administration of per capita payments in accordance with this chapter.

B. Disputes. Any disputes arising from the distribution of per capita payments shall be initiated by filing a written claim for payment with the Per Capita Office. The Per Capita Office shall respond by honoring the claim for payment, requesting additional information, or denying the claim.

  1. A Community member who has initiated a written claim may appeal upon:
a. Denial of the claim by the Per Capita Office; or
b. Failure of the Per Capita Office to respond within 30 days from the date the written claim was received by the Per Capita Office if hand delivered; or
c. Failure of the Per Capita Office to respond within 45 days from the date the written claim was postmarked if mailed.

2. In the event the Per Capita Office requests additional information from the Community member who initiated the claim, said Community member shall have 30 days to respond. If the Community member fails to respond to a request for additional information within the time allotted the claim shall be denied and may not be appealed. If the Community member does respond to a request for additional information within the time allotted, the Per Capita Office may ask for additional information and establish reasonable deadlines for the Community member to respond, however, he or she may only appeal upon a denial of the claim by the Per Capita Office.

C. Appeals.The Community Court shall have jurisdiction to consider appeals arising under this Section.

D. Rules, Regulations and Procedures.

  1. The Per Capita Office is authorized to establish reasonable rules, regulations and procedures necessary for the efficient administration of this chapter. Such rules, regulations and procedures shall be established in accordance with the policies and standards enumerated throughout this chapter. When approved by the Community Council, such rules, regulations and procedures shall be binding.
  2. A copy of all rules, regulations and procedures shall be furnished to any Community member upon request.
  3. The Per Capita Office shall conduct a comprehensive review of the rules, regulations and procedures at least once every three years.

22.1309 Enforcement of Revenue Allocation

A. In accordance with the procedures described in this Section, the Community Council shall have the sole authority to review expenditures of net gaming revenues in accordance with this chapter, to enforce this ordinance and appropriately remedy any instance of non-conformance, and to resolve any disputes arising from the allocation of net gaming revenues.

B. The Community Council shall apply generally accepted accounting principles (“GAAP”) to issues of preparation, interpretation and auditing of the Community’s gaming enterprise financial statements and computation of net gaming revenues as defined in this chapter.

C. Not fewer than 120 days after approval of this ordinance by the Area Bureau Office as set forth in 25 C.F.R. Part 290, the Community Council shall adopt policies and procedures to disseminate an annual report to Community members detailing the gross revenues, expenses and net revenues of the Community’s gaming enterprise, performance of the Community’s gaming enterprise in comparison to market competitors, and the Community’s use of net gaming revenues, including any net gaming revenues that have not been expended for any particular use as of the last date of the fiscal year described in Section 22.1302(B)(3).

D. The Community Council shall establish an administrative process for any Community member who wishes to challenge expenditures of net gaming revenues and to resolve disputes arising from the allocation of net gaming revenues. This administrative process shall include a requirement that the Community Council shall correct any deficiencies found with regard to expenditures of net gaming revenues.

E. The Community Council’s final determination of any dispute arising under this Section may not be appealed and the Community Court shall have no jurisdiction to review disputes relating to the allocation and/or expenditure of net gaming revenues.

22.1310 Sovereign Immunity; Severability; Amendment or Repeal of Ordinance; Effective Date

A. Sovereign Immunity. Nothing contained in this ordinance shall provide or be interpreted to provide a waiver of the Community’s, or any of its governmental officers’ and/or agents’ sovereign immunity from suit.

B. Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, its 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 ordinance are severable.

C. Amendment or Repeal of Ordinance. The Community Council reserves the right to amend any administrative provision of this ordinance, such as dates, procedures and the like, and all programs, trusts, etc., created or funded by this chapter without further approval from the Bureau of Indian Affairs. Any amendment of this ordinance that relates to the percentage allocation of net gaming revenues or that provides for different per capita payment amounts to sub-groups of the Community will be effective only upon approval by the Bureau of Indian Affairs in accordance with 25 C.F.R. Part 290. Nothing in this ordinance or in any program, trust, etc., shall be deemed to create any vested right to receive per capita payments in any particular amounts or at any particular times. This ordinance may be amended or repealed only by a duly authorized resolution by a majority vote of the Community Council in accordance with the Community’s laws.

D. Effective Date. This chapter shall become effective under Community law upon adoption by the Community Council. Per capita payments to eligible Community members are subject to the approval of the Area Bureau Office in accordance with 25 C.F.R. Part 290.

Frequently Asked Questions

Who is eligible to receive per capita payments?

  • All enrolled members of the Gila River Indian Community
  • Adult members (18 and over) must complete and file an application
  • Minors and adults declared legally incompetent DO NOT need to apply; trust for all minors and adults declared legally incompetent will automatically be set up for them
  • Incarcerated members may apply as well.

When will the application be available?

The application will be available July 27, 2009.

Where can I get an application?

  • We will be sending one application to every enrolled member of the Gila River Indian Community 18 years and older the week of July 27, 2009
  • The application will also be available at the Per Capita Office which is located in the Governance Center in Sacaton, AZ
  • You can contact the Per Capita Office at 520-562-5222 or toll free at 866-416-2618, by emailing •This e-mail address is being protected from spambots. You need JavaScript enabled to view it• , or by visiting on the Gila River Community member website www.mygilariver.com

Will I have to apply every quarter to keep receiving per capita?

No, you need to apply once to begin receiving per capita payments.

When will we start getting paid?

  • Assuming the Bureau of Indian Affairs approves the Revenue Allocation Ordinance (GR-07-09) (“RAO”), under Section: 22.1303, C of the RAO the first Payment Date would be November 2, 2009.
  • In order to receive a per capita payment by this date you will need to complete an application and submit the application by September 15, 2009.
  • Per the Indian Gaming Regulatory Act (“IGRA”), approval of the RAO is required by the Bureau of Indian Affairs-Department of Interior (“BIA”) prior to any per capita payments being made from gaming revenues.
  • On May 7, 2009 Community Council approved the RAO and is now waiting final approval from the BIA.
  • The BIA has until approximately August 20, 2009 to approve or deny the RAO.

How often will payments be made?

Payments will be made quarterly, every three months. The following is the application and payment schedule:
Application Deadline
Payment Date
March 15 April 30
June 15 July 31
September 15 October 31
December 15 January 31

If either the application or payment date falls on a holiday or weekend such deadline will be effective the next business day following the date noted above.

How much will the per capita payments be?

Amounts may vary; revenues allocated for per capita, less the cost of administering and maintaining per capita payments and trusts, will be divided by a quarterly denominator consisting of the eligible competent adults, and a certifi ed census of minors and legally incompetent adults.

How will per capita payments be disbursed?

There will be three options for you to choose from to receive you quarterly per capita payments: direct deposit, pay card or check.

  • DIRECT DEPOSIT – Fill out the direct deposit form. Read instructions carefully for checking or savings deposit. If deposit is not accepted by your financial institution your payment will default to check.
  • PAY CARD – Choosing this option will result in payments being deposited into a debit card account with Chase Bank. Your debit card and debit information will be sent to you one week prior to your first payment date. It is important that you read the material enclosed with the card, which contains information for card activation, PIN selection, customer service, etc. Your card will be sent to the last known mailing address on file with the Enrollment/Census Department. The Community is not responsible for lost pay cards and you may be subject to additional fees by the bank if your card is lost.
  • CHECK – Specify how you want your check disbursed (in-person or mail). The Community is not responsible for lost checks. If a mailed check is returned, the recipient forfeits his/her rights to receive that quarterly payment. Pick up check in-person option: Checks will be distributed at designated locations during the week following payment dates. Dates and locations will be posted at the District Service Centers and on the Per Capita web site. You may have to wait in line at the disbursement locations. Checks that are not claimed within thirty (30) days from the date checks are made available will be mailed to the last known address in your Enrollment/Census record.
  • SEND CHECK BY MAIL - Checks will be mailed one week after the distribution date to the last known address in your Enrollment/Census record.

Can per capita payments be garnished?

Yes, under Section 22.1305 of the RAO per capita payments may be garnished from members entitled to receive a payment for the following reasons:

  • When a member is delinquent in paying child or spousal support
  • When a member is delinquent in paying a debt owed to the Community
  • When a member is delinquent in paying a Community Court fine, or order to pay restitution or some other money judgment

Will financial counseling be available for Community members?

Financial counseling/planning services for Community members are still under discussion.

Will enrollment stop or be limited because of per capita?

  • On December 11, 2008 the Community Council passed a motion to explore limiting the enrollment of adults who were previously enrolled in another tribe but wish to switch enrollment to the Gila River Indian Community.
  • The Community is currently in the process of reforming/updating our constitution which may result in a change to our enrollment criteria.
  • The Tribal Constitution Reform Project Task Force (“TCRP”) will be making on-going presentations to the districts.
  • Enrollment dispute issues will be resolved in accordance with the Enrollment Ordinance.

Will jobs be cut because of per capita?

  • At this time, no jobs will be cut because of per capita.
  • The government will have to become more efficient with its spending.
  • The Community is currently undergoing a tribal department restructuring which will do just that.
  • Positions may be renamed or employees may be moved to other areas that fit better for them and some departments may be merged together.

Will services be cut because of per capita?

At this time no, however, future criteria may become stricter to those who truly need assistance i.e. elderly, families in extreme financial hardships.

Application & Payment Schedule

Application Deadline

Payment Date

March 15 April 30
June 15 July 31
September 15 October 31
December 15 January 31

*If either the application deadline or the payment date falls on a holiday or weekend, such deadline or payment will be effective on the next business day following the date noted above.

Required Documents & Identification

Completed and signed application
Completed and signed W-9 Form
Direct deposit form

(if applicable, for checking or savings deposit)

Social Security card

(if not on file with Enrollment office)

Valid Identification

(One of the following is acceptable): Gila River ID card, Valid State/Federal ID or Drivers license card, Military ID, Passport

Revenue Allocation Ordinance

Authority. The Gila River Indian Community Constitution and Bylaws (March 17, 1960) were formed pursuant to the Indian Reorganization Act (25 U.S.C. § 461 et seq.) and adopted for the common welfare of the Community and to provide for self government.

 

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