Oneida Business Committee (2023)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Microsoft Teams

August 3, 2023

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. July 18, 2023 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Oneida Life Insurance Plan Law (pg. 4)

IV.

New Submissions

Additions

VI.

Administrative Updates

1. Legislative Operating Committee Fiscal Year 2023 Third Quarter Report (pg. 17)

VII.

Executive Session

VIII. Recess/Adjourn

A good mind. A good heart. A strong fire.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

r'\

mooao

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

Microsoft Teams

July 18, 2023

9:00 a.m.

Present on Microsoft Teams: David P. Jordan, Daniel Guzman King, Jennifer Webster

Excused: Kirby Metoxen

Others Present on Microsoft Teams: Clorissa N. Leeman, Grace Elliott, Brooke Doxtator, Keith

Doxtator, Rhiannon Metoxen, Michelle Braaten, Peggy Van Gheem, Carrie Lindsey, Eric

Boulanger, Laura Laitinen-Warren, Tina Jorgensen, Anna Balke, Kristine Hill, Lisa Moore, Wendy

Alvarez

Call to Order and Approval of the Agenda

David P. Jordan called the July 18, 2023, Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Jennifer Webster to adopt the agenda as is; seconded by Daniel Guzman King.

Motion carried unanimously.

II.

Minutes to be Approved

1. July 10, 2023 LOC Meeting Minutes

Motion by Jennifer Webster to approve the July 10, 2023, LOC meeting minutes and

forward to the Oneida Business Committee; seconded by Daniel Guzman King. Motion

carried unanimously.

III.

Current Business

1. Oneida Personnel Policies and Procedures Amendments

Motion by Jennifer Webster to accept the updated public comment review memorandum;

seconded by Daniel Guzman King. Motion carried unanimously.

IV.

New Submissions

Additions

VI.

Administrative Items

VII.

Executive Session

A good mind. A good heart. A strong fire.

Legislative Operating Committee Meeting Minutes of July 18, 2023

Page 1 of 2

ONEIDA

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VIII. Adjourn

Motion by Jennifer Webster to adjourn at 9:11 a.m.; seconded by Daniel Guzman King.

Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of July 18, 2023

Page 2 of 2

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

August 3, 2023

Oneida Life Insurance Plan Law

Submission Date: 9/7/22

LOC Sponsor: Kirby Metoxen

Public Meeting: 7/13/23

Emergency Enacted: 9/28/22, 3/22/23

Summary: This item was added to the Active Files List on September 7, 2022, per the request of Carl

Artman, attorney in the Oneida Law Office that represents the Oneida Trust Enrollment Committee. Epic

currently manages the Nation’s OLIPP program. The Epic contract ends on 09/30/22 and it is ending this

service offering after this year. The Oneida Trust and Enrollment Committee concludes it will save

$250,000 annually by managing OLIPP itself. The proposed law would make OLIPP an approved

program under the Oneida General Welfare law that is administered by the Oneida Trust Enrollment

Department. The Oneida Business Committee adopted the OLIPP law on an emergency basis on

September 28, 2022, through the adoption of resolution BC-09-28-22-C. The emergency amendments to

the OLIPP law will expire on March 28, 2023. On March 22, 2023, the Oneida Business Committee

extended the emergency adoption of the Oneida Life Insurance Plan law for an additional six (6) month

period through the adoption of resolution BC-03-22-23-C. The emergency adoption of the Oneida Life

Insurance Plan law will now expire on September 28, 2023.

8/25/22:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Summers, Daniel Guzman

King, Clorissa N. Santiago, Carl Artman, Carolyn Salutz, Grace Elliot, Kristal Hill. This work

meeting was held through Microsoft Teams. The purpose of this work meeting was to discuss

the proposed OLIPP law, and its potential emergency adoption.

9/7/22 LOC:

Motion by Marie Summers to add the Oneida Life Insurance Plan Plus law to the Active Files

List for emergency adoption with Kirby Metoxen as the sponsor; seconded by Kirby Metoxen.

Motion carried unanimously.

9/21/22:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Cornelius, Kirby Metoxen,

Daniel Guzman King, Clorissa N. Santiago, Carl Artman, Carolyn Salutz, Grace Elliot,

Rhiannon Metoxen. This work meeting was held through Microsoft Teams. The purpose of

this work meeting was to discuss the updated OLIPP law.

9/21/22:

E-Poll Conducted. This e-poll was titled, “Emergency Adoption of the Oneida Life Insurance

Plan Law.” The requested action of this e-poll was to approve the Oneida Life Insurance Plan

law emergency adoption packet and forward to the Oneida Business Committee for

consideration. This e-poll was approved by Jennifer Webster, Daniel Guzman King, David P.

Jordan, Kirby Metoxen, and Marie Cornelius.

9/27/22:

Work Meeting. Present: David P. Jordan, Marie Cornelius, Kirby Metoxen, Daniel Guzman

King, Clorissa N. Santiago, Carl Artman, Kristal Hill, Ralinda Ninham-Lamberies. This work

meeting was held through Microsoft Teams. The purpose of this work meeting was to discuss

Finance’s concerns with the proposed OLIPP law.

9/28/22 OBC: Motion by Kirby Metoxen to adopt resolution entitled 09-28-22-C Emergency Adoption of

the Oneida Life Insurance Plan Law, seconded by Marie Cornelius. Motion carried.

Page 1 of 3

A good mind. A good heart. A strong fire.

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10/5/22 LOC: Motion by Daniel Guzman King to enter into the record the results of the September 21, 2022,

e-poll entitled, Emergency Adoption of the Oneida Life Insurance Plan Law; seconded by

Jennifer Webster. Motion carried unanimously.

3/6/23:

Work Meeting. Present: Jennifer Webster, Marie Cornelius, Daniel Guzman King, Clorissa N.

Leeman, Carl Artman, Kristal Hill, Ralinda Ninham-Lamberies, Keith Doxtator, John

Danforth. This work meeting was held through Microsoft Teams. The purpose of this work

meeting was to discuss the implementation of the OLIPP law during the first six months,

review concerns and input discussed at the September 28, 2022, OBC meeting, and discuss

and determine if there are any revisions needed to the Law prior to the permanent adoption of

this Law.

3/15/23 LOC: Motion by Marie Cornelius to approve the emergency extension of the Oneida Life Insurance

Plan law packet and forward to the Oneida Business Committee for consideration; seconded

by Jennifer Webster. Motion carried unanimously.

Motion by Jennifer Webster to approve the draft of the Oneida Life Insurance Plan law and

direct that a legislative analysis be completed; seconded by Marie Cornelius. Motion carried

unanimously.

3/22/23 OBC: Motion by Marie Cornelius to adopt resolution entitled 03-22-23-C Extension of the

Emergency Adoption of the Oneida Life Insurance Plan Law, seconded by Jennifer Webster.

Motion carried.

3/28/23:

Work Meeting. Present: David P. Jordan, Marie Cornelius, Clorissa N. Leeman, Tehassi Hill,

Brandon Yellowbird Stevens, Danelle Wilson, Carl Artman, Kristal Hill, Keith Doxtator, John

Danforth, Kelly Danforth. This work meeting was held through Microsoft Teams. The purpose

of this work meeting was to discuss with Trust Enrollment how the Oneida Life Insurance

Plan law is implemented, and further discuss how “funeral expenses” is defined in the Law

5/5/23:

Work Meeting. Present: Clorissa N. Leeman, John Danforth, Kelly Danforth, Venessa Cardish.

This work meeting was held through Microsoft Teams. The purpose of this meeting was to

discuss the legislative process for the permanent adoption of the Oneida Life Insurance Plan

law, as well as a potential timeframe for completing this legislative work.

5/17/23 LOC: Motion by Jennifer Webster to approve the updated draft of the Oneida Life Insurance Plan

law, legislative analysis, and public meeting notice, and forward the Oneida Life Insurance

Plan law to a public meeting to be held on July 13, 2023; seconded by Marie Cornelius. Motion

carried unanimously.

7/13/23:

Public Meeting Held. Present: David P. Jordan, Clorissa N. Leeman, Brooke Doxtator, Diana

Hernandez, Eric Boulanger, Gerald Sexton, Grace Elliott, James Poels, John Danforth,

Johnathan Piontek, Kathy Curren, Kelly Danforth, Lori Metoxen, Mary Graves, Michelle

John, Monica Doxtator, Ronald Vanschyndel, Shane Archiquette, Sharon Mousseau, Patricia

Garvey, Suzanna Jordan, Kristen Jorgenson-Dann, Justin Nishimoto, Wenona Welter, Karen

Smith. The public meeting for the proposed Oneida Life Insurance Plan law was held on

Microsoft Teams. No individuals provided public comment during the public meeting.

7/20/23:

Public Comment Period Closed. One (1) submission of written comments was received during

the public comment period.

A good mind. A good heart. A strong fire.

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ONEIDA

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Next Steps:

 Accept the public comments and public comment review memorandum and defer to a work

meeting for further consideration.

A good mind. A good heart. A strong fire.

Page 3 of 3

ONEIDA

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Oneida Nation

=DODDOO

PO Box 365 • Oneida, WI 54115-0365

ONEIDA

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Oneida Business Committee

Legislative Operating Committee

Legislative Operating Committee (LOC)

Clorissa N. Leeman, Legislative Reference Office, Senior Staff Attorney

August 3, 2022

Oneida Life Insurance Plan Law: Public Comment Review

On July 13, 2023, a public meeting was held regarding the proposed Oneida Life Insurance Plan

law (“the Law”). The public comment period was then held open until July 20, 2023. This

memorandum is submitted as a review of the comments received during the public comment

period.

The public meeting draft, public meeting transcript, and written comments received are attached

to this memorandum for review.

Comment 1 – No Designated Beneficiary:

1004.4. Establishment

1004.4-1. Establishment. The Oneida Life Insurance Plan is hereby established as an

approved program of the Nation in accordance with the Oneida General Welfare law. The

purpose of the Oneida Life Insurance Plan is to provide fifteen thousand dollars ($15,000) of

financial assistance to eligible members of the Nation to pay for funeral expenses, with any

residual benefit amounts paid thereafter to the designated beneficiary.

1004.5. Qualifications, Designation of Beneficiary, and Notice

1004.5-1. Eligibility. All members of the Nation shall qualify for benefits from the Oneida

Life Insurance Plan to be used for funeral expenses first, with any residual benefits

distributed to a designated beneficiary.

(a) Newly enrolled members of the Nation shall be covered the date their enrollment

application is approved by Oneida Trust Enrollment Committee and Oneida Business

Committee.

(b) Members of the Nation that have relinquished their membership shall not be

covered from the date their relinquishment request is approved by the Oneida Trust

Enrollment Committee and Oneida Business Committee.

1004.5-2. Designation of Beneficiary. A member of the Nation shall complete the Oneida

Trust Enrollment Committee approved beneficiary designation form and submit it to the

Oneida Trust Enrollment Committee, either online or in person at the Oneida Trust

Enrollment Office, prior to their death in order to secure benefits from the Oneida Life

Insurance Plan for their beneficiary.

(a) Any Oneida Life Insurance Plan beneficiary designation forms submitted prior to

the effective date of this law shall remain valid.

(b) Oneida Life Insurance Plan residual benefits shall not be paid or claimed if the

decedent did not designate a living beneficiary though the beneficiary designation

form.

Page 1 of 3

A good mind. A good heart. A strong fire.

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form on behalf of their minor child or ward.

(d) Funeral expenses shall be paid directly to the funeral home upon submission of

a valid invoice, up to the limit of the Oneida Life Insurance Plan benefits, even if a

designated beneficiary has not been designated.

1004.6. Beneficiary Claim Process and Distribution

1004.6-3. Distribution. Oneida Life Insurance Plan benefits shall be distributed in the

following order:

(a) Funeral expenses shall be paid to the funeral home pursuant to receipt of a valid

invoice therefrom;

(1) Any expenses beyond the funeral expenses shall be the responsibility of

the beneficiary, family of the decedent, or any other responsible parties.

(b) Residual benefits shall be paid to the designated beneficiary.

Marena Bridges (written): I am writing to express my thoughts and concerns regarding the

current Oneida Life Insurance Plan law, specifically in relation to the allocation of unassigned

benefit funds following the policyholder's demise.

At present, in the event of a policyholder's passing, if no beneficiary has been explicitly named,

the residual funds after memorial expenses are not allocated to the legal next of kin. Instead, these

resources revert back to the Oneida Nation. This, in my view, poses a significant problem that

needs to be addressed.

It is understandable that the responsibility of designating a beneficiary lies with the insured.

However, it must be recognized that there could be numerous circumstances that prevent someone

from fulfilling this task - a sudden and unexpected death, a lack of understanding about the

importance of the beneficiary designation process, or perhaps a misunderstanding that next of kin

would automatically be considered beneficiaries. Consequently, it seems unjust that the grieving

next of kin, already dealing with the emotional trauma of their loss, should bear additional financial

burden due to this policy. From both a humanitarian and community-centric perspective, it would

seem more equitable for the legal next of kin to receive any leftover benefit monies in the absence

of a named beneficiary. This would not only provide some much-needed financial relief during a

difficult time but would also align with the community's values of support and solidarity.

In this context, I propose that the Oneida Life Insurance Plan law be revised to incorporate a clause

to address this issue. Specifically, in cases where no beneficiary has been named, the residual

benefit funds after covering memorial expenses should be awarded to the legal next of kin. This

will ensure that the insured’s resources remain within the family and community, providing aid

where it is most needed.

I urge the Committee to consider this proposal for the benefit of our community members who

may unexpectedly find themselves in such a situation. Providing clearer communication about the

necessity of naming a beneficiary, and setting the legal next of kin as the default beneficiary in the

absence of a named one, would undoubtedly alleviate some of the financial concerns experienced

by grieving families.

A good mind. A good heart. A strong fire.

Page 2 of 3

ONEIDA

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I appreciate your time and consideration, and I trust in your commitment to the welfare of the

Oneida community.

Thank you.

Response

The commenter proposes that the Oneida Life Insurance Plan law be amended to allow for any

residual benefits to provided to the decedent’s next of kin if a beneficiary is not designated.

The Oneida Life Insurance Plan law is very clear that the intent of the Oneida Life Insurance Plan

is to provide fifteen thousand dollars ($15,000) of financial assistance to eligible members of the

Nation to pay for funeral expenses, with any residual benefit amounts paid thereafter to the

designated beneficiary. [10 O.C. 1004.4-1, 1004.6-3]. A member of the Nation is required to

complete the Oneida Trust Enrollment Committee approved beneficiary designation form and

submit it to the Oneida Trust Enrollment Committee, either online or in person at the Oneida Trust

Enrollment Office, prior to their death in order to secure benefits from the Oneida Life Insurance

Plan for their beneficiary. [10 O.C. 1004.5-2]. Any Oneida Life Insurance Plan beneficiary

designation form that has already been submitted to the Oneida Trust Enrollment Department

prior to the effective date of this law remains valid. [10 O.C. 1004.5-2(a)]. Oneida Life Insurance

Plan residual benefits are not paid or claimed if the decedent did not designate a living beneficiary

though the beneficiary designation form. [10 O.C. 1004.5-2(b)]. A parent or legal guardian is

required to complete and submit a beneficiary designation form on behalf of their minor child or

ward. [10 O.C. 1004.5-2(c)]. Funeral expenses are paid directly to the funeral home upon

submission of a valid invoice, up to the limit of the Oneida Life Insurance Plan benefits, even if a

designated beneficiary has not been designated. [10 O.C. 1004.5-2(d)].

Previously, the Nation contracted with the company Epic to manage the Oneida Life Insurance

Plan. Epic collected relevant information regarding the decedent and beneficiaries and distributed

funds from the Oneida Life Insurance Plan. The contract between the Nation and Epic was

terminated on September 30, 2022. The Oneida Trust and Enrollment Committee determined the

Oneida Trust and Enrollment Department could manage the Oneida Life Insurance Plan in-house,

yielding a cost savings to the Nation and expediting payments to the beneficiaries. It was

determined that the Nation did not currently have the resources to track down and determine a

decedent’s next of kin if no beneficiary was designated, and therefore it should be the responsibility

of the individual to ensure that they submit a beneficiary designation form.

The Legislative Operating Committee may consider whether the Oneida Life Insurance Plan law

be amended to allow for any residual benefits to provided to the decedent’s next of kin if a

beneficiary is not designated.

LOC Consideration

A good mind. A good heart. A strong fire.

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ONEIDA

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2023 05 17

Title 10. General Welfare Exclusion - Chapter 1004

ONEIDA LIFE INSURANCE PLAN

1004.1. Purpose and Policy

1004.2. Adoption, Amendment, Repeal

1004.3. Definitions

1004.4. Establishment

1004.5. Qualifications, Designation of Beneficiary, and Notice

1004.6. Beneficiary Claim Process and Distribution

1004.7. Funding

1004.8. Administrative Rulemaking

1004.1. Purpose and Policy

1004.1-1. Purpose. The purpose of this law is to provide a death benefit through the Oneida Life

Insurance Plan (OLIPP) for all eligible enrolled Oneida Nation members, pursuant to the Oneida

General Welfare law.

(a) The General Tribal Council, through resolution GTC-01-17-09-B, approved the

concept of the Oneida Life Insurance Plan Plus to replace the Oneida Burial Fund. The

General Tribal Council directed implementation of a benefit that pays fifteen thousand

dollars ($15,000) to the designated beneficiary or beneficiaries of the deceased Oneida

Nation member. The payment of death benefits through OLIPP to designated beneficiaries

of a deceased Oneida Nation member is an exercise of self-governance crucial to the

Oneida Nation’s sovereignty, and health and welfare of the community.

1004.1-2. Policy. It is the policy of the Nation to care for its members and their families even

after their death. The Nation seeks to internalize the Oneida Life Insurance Plan process to ensure

equitable and expedient distribution to designated beneficiaries.

1004.2. Adoption, Amendment, Repeal

1004.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-____.

1004.2-2. This law may be amended or repealed by the Oneida Business Committee or the General

Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

1004.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

1004.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

1004.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

1004.3. Definitions

1004.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) "Approved program" means any program(s) to provide general welfare assistance that

is intended to qualify as a General Welfare Exclusion, administered under specific

guidelines, and is adopted by the Oneida Business Committee through resolution or law of

the Nation in accordance with the Oneida General Welfare law.

(b) "Benefit" means the fifteen thousand dollars provided ($15,000) to pay for funeral

expenses of an enrolled member of the Nation, with any residual amounts paid thereafter

to the designated beneficiary.

(d) “Designated Beneficiary” means any person(s) designated by the enrolled member of

the Nation, through the approved beneficiary designation form, to receive all or a portion

10 O.C. 1004 – Page 1

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Draft 2 – PM Draft

2023 05 17

of the decedent’s Oneida Life Insurance Plan benefit.

(e) “Funeral Expenses” means the cost of the funeral of the decedent accrued and invoiced

by the funeral home including, but not limited to, the following:

(1) funeral planning;

(2) securing the necessary permits and copies of death certificates;

(3) preparing the notices;

(4) sheltering the remains;

(5) coordinating the arrangements with the cemetery, crematory or other third

parties;

(6) transporting the remains;

(7) embalming and other preparation;

(8) viewing, ceremony, or memorial services;

(9) use of a hearse or limousine;

(11) a casket, outer burial container or alternate container;

(11) monuments; and

(12) cremation or interment.

(f) “Nation” means the Oneida Nation.

1004.4. Establishment

1004.4-1. Establishment. The Oneida Life Insurance Plan is hereby established as an approved

program of the Nation in accordance with the Oneida General Welfare law. The purpose of the

Oneida Life Insurance Plan is to provide fifteen thousand dollars ($15,000) of financial assistance

to eligible members of the Nation to pay for funeral expenses, with any residual benefit amounts

paid thereafter to the designated beneficiary.

1004.4-2. General Welfare Exclusion. The Oneida Life Insurance Plan meets the requirements of

the General Test as defined in the Oneida General Welfare law; General Criteria as defined in

I.R.S. Rev. Proc. 2014-35. Section 5.01(1); and the requirements of the Tribal General Welfare

Exclusion Act of 2014, 26 U.S.C. §139E(b).

(a) The assistance provided through the Oneida Life Insurance Plan is:

(1) paid on behalf of the Nation;

(2) pursuant to an approved program of the Nation;

(3) does not discriminate in favor of members of the governing body of the Nation;

(4) available to any eligible member of the Nation who meets the guidelines of the

approved program;

(5) provided for the promotion of general welfare;

(6) not lavish or extravagant;

(7) not compensation for services; and

(8) not a per capita payment.

(b) . I.R.S. Rev. Proc. 2014-35, section 5.02(2)(e)(iv) lists funeral, burial, and expenses

related to a death as Safe Harbor program for which need is presumed.

1004.5. Qualifications, Designation of Beneficiary, and Notice

1004.5-1. Eligibility. All members of the Nation shall qualify for benefits from the Oneida Life

Insurance Plan to be used for funeral expenses first, with any residual benefits distributed to a

designated beneficiary.

10 O.C. 1004 – Page 2

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2023 05 17

(a) Newly enrolled members of the Nation shall be covered the date their enrollment

application is approved by Oneida Trust Enrollment Committee and Oneida Business

Committee.

(b) Members of the Nation that have relinquished their membership shall not be covered

from the date their relinquishment request is approved by the Oneida Trust Enrollment

Committee and Oneida Business Committee.

1004.5-2. Designation of Beneficiary. A member of the Nation shall complete the Oneida Trust

Enrollment Committee approved beneficiary designation form and submit it to the Oneida Trust

Enrollment Committee, either online or in person at the Oneida Trust Enrollment Office, prior to

their death in order to secure benefits from the Oneida Life Insurance Plan for their beneficiary.

(a) Any Oneida Life Insurance Plan beneficiary designation forms submitted prior to the

effective date of this law shall remain valid.

(b) Oneida Life Insurance Plan residual benefits shall not be paid or claimed if the decedent

did not designate a living beneficiary though the beneficiary designation form.

on behalf of their minor child or ward.

(d) Funeral expenses shall be paid directly to the funeral home upon submission of a valid

invoice, up to the limit of the Oneida Life Insurance Plan benefits, even if a designated

beneficiary has not been designated.

1004.5-3. Notice of Death. The Oneida Trust Enrollment Department shall be notified within one

(1) year of the member of the Nation’s death in order to distribute the Oneida Life Insurance Plan

benefits to the beneficiary. Oneida Life Insurance Plan claims made beyond the first anniversary

of the decedent’s death shall not be processed for distribution.

1004.5-4. Oversight. The Oneida Trust Enrollment Department shall be delegated the oversight

and management of the Oneida Life Insurance Plan.

1004.6. Beneficiary Claim Process and Distribution

1004.6-1. Evidence as to Passing or Status. In proceedings under this law, the following rules

relating to determination of death and status are applicable:

(a) A certified or authenticated copy of a death certificate purporting to be issued by an

official or agency of the place where the death purportedly occurred is prima facie proof

of the fact, place, date and time of death, and the identity of the decedent;

(b) A certified or authenticated copy of any record or report of a governmental agency,

domestic or foreign, of a decedent’s death; and

have not been heard from, and whose absence is not satisfactorily explained after diligent

search or inquiry is presumed to be dead. Their death is presumed to have occurred at the

end of the period unless there is sufficient evidence for determining that death occurred

earlier.

1004.6-2. Effect of Homicide on Beneficiary Designation. A designated beneficiary who

criminally and intentionally causes the death of the decedent shall not be entitled to any benefits

passing under this law.

1004.6-3. Distribution. Oneida Life Insurance Plan benefits shall be distributed in the following

order:

10 O.C. 1004 – Page 3

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2023 05 17

(a) Funeral expenses shall be paid to the funeral home pursuant to receipt of a valid

invoice therefrom;

(1) Any expenses beyond the funeral expenses shall be the responsibility of the

beneficiary, family of the decedent, or any other responsible parties.

(b) Residual benefits shall be paid to the designated beneficiary.

1004.7. Funding

1004.7-1. Funding Source. The Oneida Life Insurance Plan shall be contingent on funding by the

Nation’s.

1004.8. Administrative Rulemaking

1004.8-1. Delegation of Administrative Rulemaking Authority. The Oneida Trust Enrollment

Department shall be delegated administrative rulemaking authority in accordance with the

Administrative Rulemaking law to promulgate rules to govern the administration of the Oneida

Life Insurance Plan.

End.

Emergency Adopted – BC-09-28-22-C

Emergency Extension – BC-03-22-23-C

Adopted – BC-__-__-__-__

10 O.C. 1004 – Page 4

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From:

To:

Subject:

Date:

Marena Bridges

LOC

Public Comment on Oneida Life Insurance Plan Law

Wednesday, June 28, 2023 5:18:52 PM

I am writing to express my thoughts and concerns regarding the current Oneida Life Insurance Plan law,

specifically in relation to the allocation of unassigned benefit funds following the policyholder's demise.

At present, in the event of a policyholder's passing, if no beneficiary has been explicitly named, the residual

funds after memorial expenses are not allocated to the legal next of kin. Instead, these resources revert back

to the Oneida Nation. This, in my view, poses a significant problem that needs to be addressed.

It is understandable that the responsibility of designating a beneficiary lies with the insured. However, it

must be recognized that there could be numerous circumstances that prevent someone from fulfilling this

task - a sudden and unexpected death, a lack of understanding about the importance of the beneficiary

designation process, or perhaps a misunderstanding that next of kin would automatically be considered

beneficiaries. Consequently, it seems unjust that the grieving next of kin, already dealing with the emotional

trauma of their loss, should bear additional financial burden due to this policy.

From both a humanitarian and community-centric perspective, it would seem more equitable for the legal

next of kin to receive any leftover benefit monies in the absence of a named beneficiary. This would not only

provide some much-needed financial relief during a difficult time but would also align with the community's

values of support and solidarity.

In this context, I propose that the Oneida Life Insurance Plan law be revised to incorporate a clause to

address this issue. Specifically, in cases where no beneficiary has been named, the residual benefit funds after

covering memorial expenses should be awarded to the legal next of kin. This will ensure that the insured’s

resources remain within the family and community, providing aid where it is most needed.

I urge the Committee to consider this proposal for the benefit of our community members who may

unexpectedly find themselves in such a situation. Providing clearer communication about the necessity of

naming a beneficiary, and setting the legal next of kin as the default beneficiary in the absence of a named

one, would undoubtedly alleviate some of the financial concerns experienced by grieving families.

I appreciate your time and consideration, and I trust in your commitment to the welfare of the Oneida

community.

Thank you.

Best,

Marena Bridges (she/her)

marena.bridges@gmail.com

(920) 371-3718

r-' \

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

GODOOO

ONEIDA

Oneida-nsn.gov

LEGISLATIVE OPERATING COMMITTEE

PUBLIC MEETING

Oneida Life Insurance Plan Law

Microsoft Teams

July 13, 2023 12:15 p.m.

Present: David P. Jordan, Clorissa N. Leeman, Brooke Doxtator, Diana Hernandez, Eric

Boulanger, Gerald Sexton, Grace Elliott, James Poels, John Danforth, Johnathan Piontek, Kathy

Curren, Kelly Danforth, Lori Metoxen, Mary Graves, Michelle John, Monica Doxtator, Ronald

Vanschyndel, Shane Archiquette, Sharon Mousseau, Patricia Garvey, Suzanna Jordan, Kristen

Jorgenson-Dann, Justin Nishimoto, Wenona Welter, Karen Smith

David P. Jordan: Good Afternoon. The time is 12:15 p.m. and today’s date is Thursday, July

13, 2023. I will now call to order the public meeting for the proposed Oneida Life Insurance Plan

law.

The Legislative Operating Committee is hosting this public meeting to gather feedback from the

community regarding these legislative proposals. The public meeting is not a question and answer

period. The LOC will review and consider all comments received during the public comment

period. The LOC will respond to all comments received in a memorandum, which will be

submitted in the meeting materials of a future LOC meeting.

Individuals who wish to present oral testimony on Microsoft Teams, please raise your hand and

you will be called on. If you leave an email address in the chat with your name, we can ensure you

receive a copy of the public comment review memorandum.

Additionally, written comments may be submitted to the Nation’s Secretary’s Office or to the

Legislative Reference Office in person, by U.S. mail, interoffice mail, e-mail or fax as provided

on the public meeting notice. These comments must be received by close of business on Thursday,

July 20, 2023.

In attendance from the LOC is myself David Jordan, LOC Chairman.

The LOC may impose a time limit for all speakers pursuant to section 109.8-3(c) of the Legislative

Procedures Act. As the presiding LOC member, I am imposing a time limit of five (5) minutes

per person. This time limit shall be applied equally to all persons.

We will now begin today’s public meeting for the proposed Oneida Life Insurance Plan law.

The purpose of the Oneida Life Insurance Plan law is to is to provide a death benefit of fifteen

thousand dollars ($15,000) through the Oneida Life Insurance Plan for all eligible enrolled Oneida

Nation members, pursuant to the Oneida General Welfare law.

A good mind. A good heart . A stron g fire.

LOC Public Meeting Transcript of July 13, 2023

Page 1 of 2

16 of 22

Are there any, is there anyone interested in giving testimony? Please raise your hand.

With there being no speakers, the public meeting for the proposed Oneida Life Insurance Plan law

is now closed at 12:25 p.m. Written comments may be submitted until close of business on

Thursday, July 20, 2023. Thank you.

Thanks everyone for calling in.

-End of Meeting-

A good mind. A good heart. A strong fire.

LOC Public Meeting Transcript of July 13, 2023

Page 2 of 2

ONEIDA

17 of 22

Oneid a Na t ion

Oneida Busine ss Comm itttt

Legislative Operat ing Comm ittee

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ONEIDA

Legislative Operating Committee

FY2023 Third Quarter Report

April 2023 – June 2023

Legislative Operating Committee Action on Legislative Requests

During the FY23 Third Quarter the Legislative Operating Committee added twenty-eight (28)

legislative items to its Active Files List. No requests were denied during the FY23 Third Quarter.

Items Added to the Active Files List by the Legislative Operating Committee

On April 7, 2023, the Legislative Operating Committee added the following twenty-four (24)

General Tribal Council petitions to its Active Files List:

 Petition: L. Dallas – Budgets for the Oneida Nation be Brought Before the General Tribal

Council;

 Petition: L. Dallas – Community Improvement Projects (CIP) and Funding;

 Petition: L. Dallas – Contract of Chief Counsel JoAnne House;

 Petition: L. Dallas – Direct a Certified Parliamentarian be Appointed by General Tribal

Council Prior to Each General Tribal Council Meeting;

 Petition: L. Dallas – Direct that the Oneida Nation Organizational Structure Return to the

Previous State it was Prior to March 2020;

 Petition: L. Dallas – Direct Transportation be Made Available by the Oneida Nation to

Areas with Large Populations of Oneida Enrolled Members to and from General Tribal

Council Meetings;

 Petition: L. Dallas – Directives for Oneida Nation Chief Counsel Position;

 Petition: L. Dallas – Disclosure of Funds, Expenditures, and Organizational Changes from

March 2020-Present;

 Petition: L. Dallas – Disclosure of FY- 2020 Budget;

 Petition: L. Dallas – Disclosure of FY- 2021 Budget;

 Petition: L. Dallas – Disclosure of FY- 2022 Budget;

 Petition: L. Dallas – Disclosure of Oneida Nation Travel Expenditures from January 1,

2020 – Present;

 Petition: L. Dallas – Disclosure of Oneida Nation Travel Expenditures to England for the

October 9, 2022, Green Bay Packer Game;

 Petition: L. Dallas – Donations - Internal and External;

 Petition: L. Dallas – General Tribal Council Directive Regarding Advocacy Training;

 Petition: L. Dallas – Implement Payments of Medicare Plan B Premium Payments to all

Eligible Oneida Enrolled Members;

 Petition: L. Dallas – Oneida Nation Disability Fund;

 Petition: L. Dallas – Repeal and Replace Current Removal Law;

Page 1 of 5

18 of 22

April 2023 – June 2023

Legislative Operating Committee FY23 Third Quarter Report



Petition: L. Dallas – Repeal GTC Resolution # 01-21-19-A Amending the 120-Day Petition

Timeline Adopted by General Tribal Council;

Petition: L. Dallas – Repeal the Budget and Finances Law;

Petition: L. Dallas – Review and Discuss General Tribal Council's Delegation of Power

and Authority to all Entities;

Petition: L. Dallas – Term Limits for 2023;

Petition: L. Dallas – Transitional Housing; and

Petition: L. Dallas – Void the November 15, 2022, Virtual Semi-Annual General Tribal

Council Meeting.

Then on May 3, 2023, the Legislative Operating Committee added the General Tribal Council

petition, Petition: L. Dallas – Emergency Amendments to the Election Law for 2023 General

Election, to its Active Files List.

On June 7, 2023, the Legislative Operating Committee added the following three (3) General

Tribal Council petitions to its Active Files List:

 Petition: L. Dallas - Allow the General Tribal Council Full Informational Access to the

Oneida Nation’s Revenue;

 Petition: L. Dallas - Direct the Oneida Business Committee to Plan for and Construct a

General Tribal Council Meeting Facility; and

 Petition: R. Skenandore - Make the Tribal Minimum Wage $15.00/hour Mean $15.00/hour

with No Exceptions or Loopholes.

FY23 Third Quarter Administrative Accomplishments

The Legislative Operating Committee focused its efforts during the FY23 Third Quarter on

developing statements of effect for the numerous General Tribal Council petitions. The Legislative

Operating Committee brought forward statements of effect for the following petitions during the

FY23 Third Quarter:

 Petition: L. Dallas – Alcohol and Drug Addiction Treatment Assistance;

 Petition: L. Dallas– Allow the General Tribal Council Full Informational Access to the

Oneida Nation’s Revenue;

 Petition: L. Dallas – Budgets for the Oneida Nation be Brought Before the General Tribal

Council;

 Petition: L. Dallas – Community Improvement Projects (CIP) and Funding;

 Petition: L. Dallas – Contract of Chief Counsel JoAnne House;

 Petition: L. Dallas – Direct a Certified Parliamentarian be Appointed by General Tribal

Council Prior to Each General Tribal Council Meeting;

 Petition: L. Dallas – Direct that the Oneida Nation Organizational Structure Return to the

Previous State it was Prior to March 2020;

 Petition: L. Dallas – Direct Transportation be Made Available by the Oneida Nation to

Areas with Large Populations of Oneida Enrolled Members to and from General Tribal

Council Meetings;

Page 2 of 5

19 of 22

April 2023 – June 2023

Legislative Operating Committee FY23 Third Quarter Report



Petition: L. Dallas– Direct the Oneida Business Committee to Plan for and Construct a

General Tribal Council Meeting Facility;

Petition: L. Dallas – Directives for Oneida Nation Chief Counsel Position;

Petition: L. Dallas – Disclosure of Funds, Expenditures, and Organizational Changes from

March 2020-Present;

Petition: L. Dallas – Disclosure of FY- 2020 Budget;

Petition: L. Dallas – Disclosure of FY- 2021 Budget;

Petition: L. Dallas – Disclosure of FY- 2022 Budget;

Petition: L. Dallas – Disclosure of Oneida Nation Travel Expenditures from January 1,

2020 – Present;

Petition: L. Dallas – Disclosure of Oneida Nation Travel Expenditures to England for the

October 9, 2022, Green Bay Packer Game;

Petition: L. Dallas – Donations - Internal and External;

Petition: L. Dallas– Emergency Amendments to the Election Law for the 2023 General

Election;

Petition: L. Dallas – FY 2023 Budget;

Petition: L. Dallas – GTC Directive for OBC to Stay Out of Day-to-Day Business;

Petition: L. Dallas – General Tribal Council Directive Regarding Advocacy Training;

Petition: L. Dallas – Implement Payments of Medicare Plan B Premium Payments to all

Eligible Oneida Enrolled Members;

Petition: L. Dallas – Oneida Nation Disability Fund;

Petition: L. Dallas – Repeal and Replace Current Removal Law;

Petition: L. Dallas – Repeal GTC Resolution # 01-21-19-A Amending the 120-Day Petition

Timeline Adopted by General Tribal Council;

Petition: L. Dallas – Repeal the Budget and Finances Law;

Petition: L. Dallas – Review and Discuss General Tribal Council's Delegation of Power

and Authority to all Entities;

Petition: L. Dallas – Term Limits for 2023;

Petition: L. Dallas – Transitional Housing;

Petition: L. Dallas – Void the November 15, 2022, Virtual Semi-Annual General Tribal

Council Meeting; and

Petition: R. Skenandore - Make the Tribal Minimum Wage $15.00/hour Mean $15.00/hour

with No Exceptions or Loopholes.

FY23 Third Quarter Legislative Highlights

The Legislative Operating Committee would like to highlight its work on the following legislative

items during the FY23 Third Quarter:

Higher Education Scholarship Law

The Legislative Operating Committee held five (1) work meetings during the FY23 Third Quarter

on the proposed Higher Education Scholarship law.

Page 3 of 5

20 of 22

April 2023 – June 2023

Legislative Operating Committee FY23 Third Quarter Report

Investigative Leave Policy Amendments

The Legislative Operating Committee held two (2) work meetings during the FY23 Third Quarter

on the proposed Investigative Leave Policy amendments.

Oneida Life Insurance Plan Law

The Legislative Operating Committee held one (1) work meeting during the FY23 Third Quarter

on the proposed Oneida Language Code. On May 17, 2023, the Legislative Operating Committee

approved the updated draft of the Oneida Life Insurance Plan law, legislative analysis, and public

meeting notice, and forwarded the Oneida Life Insurance Plan law to a public meeting to be held

on July 13, 2023.

FY23 Third Quarter Legislative Operating Committee Meetings

All Legislative Operating Committee meetings are open to the public and held on the first and

third Wednesday of each month, at 9:00 a.m. in the Norbert Hill Center’s Business Committee

Conference Room.

The Legislative Operating Committee held the following meetings during the FY23 Third Quarter:

 April 7, 2023 – Regular meeting;

 April 19, 2023 – Regular meeting;

 May 3, 2023 – Regular meeting;

 May 17, 2023 – Regular meeting;

 June 7, 2023 – Regular meeting; and

 June 21, 2023 – Regular meeting.

In addition to attending the Legislative Operating Committee meetings in person, employees of

the Nation are provided the opportunity to attend the Legislative Operating Committee meeting

through Microsoft Teams. Additionally, any non-employee who would like to access the

Legislative Operating Committee meeting through Microsoft Teams can provide their name,

phone number or e-mail address to LOC@oneidanation.org by the close of business the day before

a meeting of the Legislative Operating Committee to receive the link to the Microsoft Teams

meeting. For those who may be unable to attend the Legislative Operating Committee meeting

either in person or on Microsoft Teams, an audio recording of the Legislative Operating Committee

meeting is made available on the Nation’s website after the meeting concludes.

Goals for FY23 Fourth Quarter

During the FY23 Fourth Quarter the Legislative Operating Committee will focus its legislative

efforts on the following matters:

1. Transition into the 2023-2026 legislative term.

Page 4 of 5

21 of 22

April 2023 – June 2023

Legislative Operating Committee FY23 Third Quarter Report

Legislative Reference Office

The Legislative Reference Office’s mission is to provide support for the Legislative Operating

Committee in developing clear and consistent legislation that reflects the Nation’s values, builds

upon the Nation’s strong foundation, and reaffirms our inherent sovereignty. During the FY23

Third Quarter the Legislative Reference Office was staffed by the following individuals:

 Clorissa N. Leeman, Senior Legislative Staff Attorney.

 Contact: cleeman@oneidanation.org or (920) 869-4417

 Carolyn Salutz, Legislative Staff Attorney.

 Contact: csalutz@oneidanation.org or (920) 869-4422

 Grace Elliott, Legislative Staff Attorney.

 Contact: gelliott@oneidanation.org or (920) 869-4320

Legislative Operating Committee Contact Information

Feel free to contact the LOC at LOC@oneidanation.org with any questions or comments, or

individual LOC members at the following:

 David P. Jordan, LOC Chairman

djordan1@oneidanation.org

(920) 869-4483

 Kirby Metoxen, LOC Vice-Chairman

kmetox@oneidanation.org

(920) 869-4441

 Jennifer Webster, LOC Member

jwebste1@oneidanation.org

(920) 869-4457

 Daniel Guzman King, LOC Member

dguzman@oneidanation.org

(920) 869-4366

Page 5 of 5

22 of 22

August 2023

September 2023

SuMo TuWe Th Fr Sa

1 2 3 4 5

6 7 8 9 10 11 12

13 14 15 16 17 18 19

20 21 22 23 24 25 26

27 28 29 30 31

1 2

3 4 5 6 7 8 9

10 11 12 13 14 15 16

17 18 19 20 21 22 23

24 25 26 27 28 29 30

MONDAY

TUESDAY

WEDNESDAY

THURSDAY

FRIDAY

Jul 31

Aug 1

1:30pm LOC Prep

(Microsoft Teams

Meeting) - Clorissa N.

Leeman

2:00pm Legislative

Operating Committee

Meeting (Microsoft

Teams Meeting;

8:30am LOC Prep

(Microsoft Teams

Meeting;

BC_Conf_Room) 9:00am Legislative

Operating Committee

Meeting (Microsoft

Teams Meeting;

Sep 1

LOC

7/31/2023 2:06 PM

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.