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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

Business Committee Conference Room - 2nd Floor Norbert Hill Center

December 18, 2024

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. December 4, 2024 LOC Meeting Minutes (pg. 2)

III.

Current Business

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

IV.

New Submissions

1. Petition S. Benton – Move Oneida Nation Arts Program under Tourism or Community

Development (pg. 32)

Additions

VI.

Administrative Updates

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

Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center

December 4, 2024

9:00 a.m.

Present: Jameson Wilson, Kirby Metoxen, Jonas Hill, Jennifer Webster

Excused: Marlon Skenandore

Others Present: Clorissa N. Leeman, Grace Elliott, Carolyn Salutz

Others Present on Microsoft Teams: Rae Skenandore, Kaylynn Gresham, Tavia James-Charles,

Ralinda Ninham-Lamberies, Fawn Billie, Kristal Hill, Fawn Cottrell, Lisa Moore, Ronald

Vanschyndel, David P. Jordan, Ellie Doxtator, Mary Graves, Maureen Perkins, Michelle Braaten,

Nicholas Anderson, Reynold Danforth, Brandon Yellowbird-Stevens, Mark Powless, Stephanie

Muscavitch, Todd Vanden Heuvel, Barbara Webster, Sarah White,

Call to Order and Approval of the Agenda

Jameson Wilson called the December 4, 2024, Legislative Operating Committee meeting

to order at 9:00 a.m.

Motion by Jonas Hill to approve the agenda; seconded by Kirby Metoxen. Motion carried

unanimously.

II.

Minutes to be Approved

1. November 20, 2024 LOC Meeting Minutes

Motion by Jenny Webster to approve the November 20, 2024 LOC meeting minutes and

forward to the Oneida Business Committee; seconded by Jonas Hill. Motion carried

unanimously.

III.

Current Business

1. Oneida Life Insurance Plan Law Amendments

Motion by Jenny Webster to accept the public comments and the public comment revie

memorandum and defer to a work meeting for further consideration; seconded by Kirby

Metoxen. Motion carried unanimously.

IV.

New Submissions

Additions

VI.

Administrative Updates

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

Legislative Operating Committee Meeting Minutes of December 4, 2024

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VII.

Executive Session

VIII. Adjourn

Motion by Jennifer Webster to adjourn at 9:06 a.m.; seconded by Kirby Metoxen. Motion

carried unanimously.

Legislative Operating Committee Meeting Minutes of December 4, 2024

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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

December 18, 2024

Oneida Life Insurance Plan Law

Amendments

Submission Date: 6/5/24

LOC Sponsor: Jameson Wilson

Public Meeting: 11/15/24

Emergency Enacted: N/A

Summary:

This item added to the Active Files List on June 5, 2024, at the request of the Chief

Financial Officer, Ralinda Ninham-Lamberies. The CFO requested the LOC consider an emergency

amendment to the Law to remove section 1004.5-3 which provides that “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.” Finance

provided that recently a member of the Nation missed the deadline by four (4) days, and there would not

be an increase in liability is this provision is removed dur to limited staff availability. The LOC determined

this request did not meet the standard for emergency legislation provided for in section 109.9-5 of the

LPA, but decided to add this item to the Active Files List anyways due to the August 20, 2023 OBC motion

which directed the LOC to bring this Law back for a one (1) year review of its adoption and

implementation.

6/5/24 LOC:

Motion by Jonas Hill to add the Oneida Life Insurance Plan Law Amendments to the Active

Files List with Jameson Wilson as the sponsor; seconded by Kirby Metoxen. Motion carried

unanimously.

8/26/24:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Clorissa Leeman, Carl Artman, Ralinda Ninham-Lamberies, John Danforth, Michelle John,

Heidi Janowski, Fawn Billie, Kristal Hill, Maureen Perkins. The purpose of this work meeting

was to discuss how the implementation of the Oneida Life Insurance Plan law went during its

first year, and begin discussions on whether any amendments to the law are necessary at this

time.

8/29/24:

Work Meeting. Present: Jameson Wilson, Marlon Skenandore, Kirby Metoxen, Jonas Hill,

Clorissa Leeman, Fawn Cottrell, Kristal Hill, Maureen Perkins, Fawn Billie, Carolyn Salutz.

The purpose of this work meeting was to determine what, if any, amendments to make to the

Oneida Life Insurance Plan law based on the information received during the One Year

Review work meeting held on August 26, 2024.

9/4/24 LOC:

Motion by Kirby Metoxen to accept the memorandum entitled, One (1) Year Review of the

Oneida Life Insurance Plan Law; seconded by Marlon Skenandore. Motion carried

unanimously.

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

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Motion by Marlon Skenandore to approve the draft of proposed amendments to the Oneida

Life Insurance Plan law and direct that a legislative analysis be developed; seconded by Jonas

Hill. Motion carried unanimously.

9/18/24 LOC: Motion by Jonas Hill to approve the legislative analysis for the proposed amendments to the

Oneida Life Insurance Plan law; seconded by Marlon Skenandore. Motion carried

unanimously.

10/2/24:

E-Poll Conducted. This e-poll was titled, Approval of Canceled October 2, 2024 LOC Meeting

Materials . The requested action of this e-poll was to: approve the September 18, 2024, LOC

meeting minutes and forward to the Oneida Business Committee; approve the public meeting

packet for the proposed amendments to the Oneida Life Insurance Plan law, and forward the

Oneida Life Insurance Plan law amendments to a public meeting to be held on November 15,

2024; approve the adoption packet for the Computer Resources Ordinance amendments and

forward to the Oneida Business Committee for consideration; approve the public comment

review memorandum, draft, and legislative analysis for the proposed amendments to the

Investigative Leave Policy; and approve the fiscal impact statement request memorandum and

forward the materials to the Finance Department directing that a fiscal impact statement be

prepared and submitted to the LOC by October 16, 2024. The e-poll was approved by Jennifer

Webster, Kirby Metoxen, Jonas Hill, Jameson Wilson, and Marlon Skenandore.

10/16/24 LOC: Motion by Jonas Hill to enter into the record the results of the October 2, 2024, e-poll entitled,

Approval of the Canceled October 2, 2024 LOC Meeting Materials; seconded by Jennifer

Webster. Motion carried unanimously.

11/15/24:

Public Meeting Held. Present: Jameson Wilson, Clorissa Leeman, Gina Powless, John

Danforth, Michelle John, Barbara Metoxen, Bonnie Pigman, Carolyn Salutz, Diana Hernandez,

Grace Elliott, Jason Martinez, Jesse Kujawa, Justin Nishimoto, Katherine Jordan, Lee

Schuyler, Mae Cornelius, Matthew Denny, Patricia Garvey, Ronald Wurth, Todd

Vandenheuvel. Five (5) individuals provided comments during the public meeting.

11/22/24:

Public Comment Period Closed. Two (2) individuals provided written comments during the

public comment period.

12/4/24 LOC: Motion by Jenny Webster to accept the public comments and the public comment revie

memorandum and defer to a work meeting for further consideration; seconded by Kirby

Metoxen. Motion carried unanimously.

12/4/24:

Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Jonas Hill,

Clorissa Leeman, Carolyn Salutz, Grace Elliott, Maureen Perkins. The purpose of this work

meeting was to review and consider the public comments received.

Next Steps:

 Approve the updated public comment review memorandum, draft, and legislative analysis for

the proposed amendments to the Oneida Life Insurance Plan law.

 Approve the fiscal impact statement request memorandum and forward the materials to the

Finance Department directing that a fiscal impact statement be prepared and submitted to the

LOC by January 9, 2025.

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

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ONEIDA

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Oneida Nation

Legislative Operating Committee

Legislative Reference Office

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

=DODDOO

ONEIDA

Legislative Operating Committee (LOC)

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

December 18, 2024

Oneida Life Insurance Plan Law Amendments: Public Comment Review with LOC

Consideration

On November 15, 2024, a public meeting was held regarding the proposed amendments to the

Oneida Life Insurance Plan law. The public comment period was then held open until November

22, 2024. The Legislative Operating Committee reviewed and considered all public comments

received on December 4, 2024. This memorandum is submitted as a record of their consideration.

Comments 1 through 4 – Timeframe for Notice of Death:

1004.5. Qualifications, Designation of Beneficiary, and Notice

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

within three (3) years 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 three (3) years of the decedent’s death shall not be processed for distribution.

Gina Powless Buenrostro (oral): Start over? My name is Gina Powless Buenrostro and I'm here

to just make up a couple comments about the Oneida Life Insurance Plan, Chapter 1004. The

specific amendment that's on line 106 and 108 - extending Oneida Trust Enrollment Department

shall be notified within, and crossed out as one (1) year, and it's the proposed amendment, proposed

amendment must be three (3) years of the member of the Nation's death, in order to distribute their

Oneida Life Insurance Plan benefits to the beneficiary. Oneida Life insurance Plan claims made

beyond the first anniversary is crossed out and inserted is three (3) years of the descendants death

or decedents death shall not be processed for distribution. So, my opinion is this, I think one (1)

year is generous. When someone dies they're buried probably within a week, but it shouldn't take

year for the family to reach out and request funds to assist with the costs. Unless you're wealthy

and don't need the money. So, I think for the period of time that is already allotted in a law, that's

generous. I think when they're late, they're late. It obviously wasn't important for them to request

funding if we're extending it for three (3) years.

The other thing I wanted to addresses when every department has to provide budgets, we have a

time limit to get those those forecasts and dollar amounts that we're going to spend for each

department. There is time limits so it's proposed to GTC. So when people get to reach out three

(3) years later or, you know, within three (3) years, I think that's unreasonable for not only planning

purposes for the Trust Enrollment Department to plan how much money they're going to need. I'm

sure they have a general idea of how many deaths occur within the Nation on a yearly basis,

probably get those numbers, but I don't think we need them. I just think for planning and for

monetary reasons, for the budgeting process that I don't think we should be going back three (3)

years. I think this is unreasonable.

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I don't know who came up with this, but I would like to know who came up. Can I get the name

of who came up with this proposal to extend it three (3) years? Was that you guys LOC is that's

proposing it?

Yes, okay. So with that being said, I don't think this is in the best interest of the Nation. I don't

think it's in the best interest of our budgeting processes and I don't think it's in the best interest of

people that actually need the money and they request it within that year period of time. I'm not

sure if there's been numerous incidents where people have reached out after a year, I'm pretty sure

if there is any, it's probably very limited and restricted and I think we're looking at the betterment

of the whole, the whole Nation and not one (1) person or (2) people that miss deadlines. If they

miss, deadlines, move on if you already paid for the funeral expenses, move on or whatever. But I

think it's unreasonable to come back and then ask for the lot to be changed to extend it for three

(3) years. That’s just unreasonable. And I think its unfair, and its not equitable for the Nation.

That’s all I have to say. Thank you.

Bonnie Pigman (oral): But I also don't agree that an extension should be provided and I also don't

agree with running backwards or for a number of years to give people opportunities because when

you open those doors up then everybody has an opportunity to say, well, you, you did it once, you

should be able to do it again. And I just. I just don't. I don't agree with it. It's never really been

allowed. I think there may have been a few instances where failure to comply with the rules and

stuff didn't get followed, so that would been maybe the one or two instances that the Trust

Enrollment committee allowed for that to occur. So just my thoughts. Thank you so much.

John Danforth (oral): John Danforth, Director of Trust and Enrollment. The only comments I

wanted to make kind of to echo the sentiments of the last two presenters was when it comes to

extending it for one (1) to three (3) years it doesn't have too much of an impact on how the

department operates, but it does kind of open the door for people to not have a sense of urgency to

file that claim. But for the most part, what we see in our department is the vast majority of people,

99%, are claiming within that year. We did have one (1) outlier, which I think is the root of some

of these changes.

Michelle John (oral): Hello. I'm Michelle John. I'm the death benefits coordinator for the Oneida

Nation. Regarding this, there was only one (1) instance in FY 2023 where a claim was not made

in a correct timely manner. I have completed all the other claims. There was over four hundred

(400) and some claims to beneficiaries and funeral homes and they were all completed in a timely

manner. I don't think that adjusting the time is should be done. I used to work with the Epic

insurance as well when I first started. A lot of insurance companies they also have the same time

frame, one (1) year. So I don't think we need to adjust this based off of one (1) person that did not

comply. That's all I have to say. Thank you.

Response

Overall, the commenters express a lack of support for expanding the period of time in which it is

required to notify the Oneida Trust Enrollment Department of a decedent’s death in order to

distribute Oneida Life Insurance Plan benefits to the beneficiary from one (1) year to three (3)

years. [10 O.C. 1004.5-3].

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

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This item added to the Active Files List on June 5, 2024, at the request of the Chief Financial

Officer (CFO), Ralinda Ninham-Lamberies. The CFO requested the Legislative Operating

Committee consider an emergency amendment to the Law to remove section 1004.5-3 which

provides that “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.” Finance provided that recently a member of the

Nation missed the deadline by four (4) days, and there would not be an increase in liability is this

provision is removed due to limited staff availability. The Legislative Operating Committee

determined this request did not meet the standard for emergency legislation provided for in section

109.9-5 of the Legislative Procedures Act, but decided to add this item to the Active Files List

anyways due to the August 20, 2023 Oneida Business Committee motion which directed the

Legislative Operating Committee to bring this Law back for a one (1) year review of its adoption

and implementation. The Legislative Operating Committee has since been working on the

development of amendments to the Law.

Whether or not to expand the period of time in which it is required to notify the Oneida Trust

Enrollment Department of a decedent’s death in order to distribute Oneida Life Insurance Plan

benefits to the beneficiary from one (1) year to three (3) years is a policy determination for the

Legislative Operating Committee to make. The Legislative Operating Committee may make one

of the following determinations:

1. The Legislative Operating Committee may determine that the proposed amendments to the

Law should remain as currently drafted and require that the Oneida Trust Enrollment

Department be notified within three (3) years of the member of the Nation’s death in order

to distribute the Oneida Life Insurance Plan benefits to the beneficiary.

2. The Legislative Operating Committee may determine that the proposed amendments to

the Law should be eliminated, and the currently effective language in the Law should

remain which requires that the Oneida Trust Enrollment Department 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.

LOC Consideration

After hearing the insight provided by the community members and the Oneida Trust Enrollment

Department employees who participated in the public meeting and comment period, The

Legislative Operating Committee determined that that the proposed amendments to section

1004.5-3 of the Law should be eliminated, and the currently effective language in the Law should

remain which requires that the Oneida Trust Enrollment Department 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.

Comments 5 through 6 – Administration of the Oneida Life Insurance Plan:

1004.5. Qualifications, Designation of Beneficiary, and Notice

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

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

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three (3) years 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

three (3) years 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.

1004.8. 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.

Bonnie Pigman (oral): Thank you, my name is Bonnie Pigman. I have enrollment number 5361.

And I was just reviewing, I have been reviewing, I believe this is a revision or emergency,

whatever, from the original. I know I was working with the Trust Enrollment Department when,

from the inception of this when it was a life insurance plan with Epic life insurance company. Two

(2) things. I was listening to the previous presenters information about statistically, how often does

it occur? It was kind of rare. And I believe at that time, that the, uhh Trust Enrollment Committee

was the final authority on decisions regarding any kind of special circumstances for allowing

someone to give provided an extension to claim. They were pretty tough about making sure that

you know that all the things were followed for the individuals. We followed the policies and the

rules. So as long as all of those were complied with by the Department, no extension was ever

provided.

The other thing is I don't see who your authority is for decision making on the plan, the life

insurance plan. At this time, I don't see it in there. I don't know if it's someplace else. It wasn't in

included in the materials that were sent out or online, so I just have question because I still think

that the Trust Enrollment Committee should be the authority for this. Seeing that they have the

responsibility to work with the membership on these on this particular item. So I don't know that

that ever was transferred to someone else, maybe the Judiciary, but I didn't see it in your

documentation. Just a couple of questions or thoughts on where this is going.

Jermaine Delgado (written): OTEC recommends LOC consider language to establish a linear

decision-making process to ensure the Oneida Business Committee does not become embroiled in

future disputes regarding the distribution of benefits. OLIP is in its third year of tribal

administration under this law. The Trust and Enrollment Division has encountered questions

regarding timing, beneficiaries, and distribution of residuals. Most of these questions have been

addressed through the administrative rulemaking process delegated to OTEC through OLIP.

OTEC believes additional clarity may be gained through a defined decision appeals process. OTEC

believes the Trust and Enrollment Director may promulgate a substantiated decision regarding

OLIP matters. A director’s decision may then be appealed to OTEC for affirmation or

reconsideration. These two steps may be addressed through the administrative rulemaking process.

As OLIP ages, we may find potential beneficiaries seeking an additional “appeal” of an OTEC

decision to the Business Committee or the Oneida Judiciary. We would hope the former would not

be successful as this may appear as a political appeal of a lawful decision. The latter option of

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

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appealing to the Oneida Judiciary would be a wise use of this branch’s oversight and interpretive

role. OTEC believes allocating an appeal role to the Oneida Judiciary may be outside the scope of

its administrative rulemaking authority. The inclusion of an appeal of an OTEC decision to the

Oneida Judiciary should be expressly stated by the LOC and adopted by the Business Committee.

OTEC recommends LOC look to the Oneida Nation Law Enforcement law. 3 O.C. 301.9-9, for

model language, if the LOC chooses an appeal process outside the scope of OTEC’s administrative

rulemaking authority. If LOC decides to not include this language then OTEC will remain the sole

appeal step for OLIP decisions.

Thank you for your attention to this matter. Respectfully, Oneida Trust and Enrollments

Committee

Response

The commenters question who has oversight and decision making authority regarding the Oneida

Life Insurance Plan, and question whether it is the intention of the Law to allow decisions

regarding the Oneida Life Insurance Plan to be appealable to the Oneida Business Committee or

Judiciary.

The Law delegates authority to the Oneida Trust Enrollment Department for the oversight and

management of the Oneida Life Insurance Plan. [10 O.C. 1004.5-4]. The Law also delegates

administrative rulemaking authority to the Oneida Trust Enrollment Department to promulgate

rules to govern the administration of the Oneida Life Insurance Plan. [10 O.C. 1004.8-1]. The Law

is fairly straightforward, and contains little requirements or room for interpretation. But if there

were any issues that arise that are not addressed through the Law, the Oneida Trust Enrollment

Department has the authority to address the issue through an administrative rule developed in

accordance with the Administrative Rulemaking law. It is not the intention of the Law that

decisions made by the Oneida Trust Enrollment Department be appealed to the Oneida Business

Committee or the Judiciary.

There is no recommended revision to the proposed amendments to the Law based on this comment.

LOC Consideration

Although the Legislative Operating Committee is confidant in the Oneida Trust Enrollment

Department’s ability to oversee and manage the Oneida Life Insurance Plan in accordance with

this law, they wanted to ensure individuals who believe the were wrongfully denied benefits have

a mechanism to have that decision reviewed, and therefore directed the following be added to the

Law:

1004.9. Appeals

1004.9-1. An individual designated as the beneficiary of a decedent who believes they were

wrongfully denied benefits from the Oneida Life Insurance Plan by the Oneida Trust Enrollment

Department may appeal the denial of benefits to the Oneida Trust Enrollment Committee. Any

decision made by the Oneida Trust Enrollment Committee regarding the validity of the denial of

benefits is final.

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

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Comments 7 through 8 – Effective Date of Potential New Amendments:

1004.5. Qualifications, Designation of Beneficiary, and Notice

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

within three (3) years 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 three (3) years of the decedent’s death shall not be processed for distribution.

John Danforth (oral): The one thing I will echo from, from Bonnie as well, which is an

establishment of a date of the effectiveness that this law is covering, similar to the avoiding

unlawful membership act where that was established, I believe on February 14th of 2018, and that

law to avoid someone's membership is only applicable to anyone who was enrolled after that date.

Because there shouldn't be a witch hunt backwards in that sense. Basically leaving the past in the

past. So I would ask for with this law and establishment of an effective date, basically stating that

any date or any death from today forward that is applicable to this law establishing that we are

moving forward from today and these are the rules that we are following for, for this life insurance

plan. So those are the only comments I wanted to make regarding these amendments to to the law.

Jermaine Delgado (written): Dear Legislative Operating Committee, I write on behalf of the

Oneida Trust and Enrollments Committee (OTEC) regarding proposed amendments to the Oneida

Life Insurance Plan law (OLIP). The Legislative Operating Committee (LOC) proposes to extend

the time to file from one year to three years.

OTEC recommends LOC include a start or effective date for the amendments. A clearly stated

effective date for the OLIP amendments will: 1) eliminate confusion as to when a decedent’s

benefits may be applied to the funeral expenses and residuals, 2) offer guidance as to when the

beneficiaries may seek OLIP assistance, and 3) clarify for the Trust and Enrollment Division when

and how the amendments should commence for a decedent’s benefits. The effective date for the

amendments under consideration could be part of the Business Committee resolution adopting the

amendments. OTEC recommends the effective date being the date of the adopting Business

Committee resolution’s passage, thereby establishing a clear date on and after which the timing

for the benefits commence.

Response

The commenters both recommend that if the proposed amendment to section 1004.5-3 of the Law

which expands the period of time in which it is required to notify the Oneida Trust Enrollment

Department of a decedent’s death in order for the Oneida Life Insurance Plan benefits to be

distributed to the beneficiary from one (1) year to three (3) years is adopted, then the adopting

resolution should clearly provide a date in which that amendment becomes effective and applies.

It is recommended that the adopting resolution provide that the expanded three (3) year notification

timeframe would only apply to deaths occurring after the proposed amendments to the Law

become effective, and would not apply to deaths occurring prior to the adoption of amendments to

this Law.

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

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The Legislative Operating Committee may determine whether or not to address the application of

the proposed amendment to section 1004.5-3 of the Law in the adopting resolution.

LOC Consideration

The Legislative Operating Committee determined that setting an effective date in the adopting

resolution to address the application of proposed amendments would no longer be necessary since

section 1004.5-3 of the Law would no longer be amended, and instead will remain as provided in

the currently effective law, in which the Oneida Trust Enrollment Department must be notified of

a decedent’s death in order for the Oneida Life Insurance Plan benefits to be distributed to the

beneficiary within one (1) year.

Comments 9 through 10 – Employee Benefit Confusion:

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.

Matthew J. Denny (oral): Yeah, Matt Denny, 8245 enrollment number. You know something's

happened. I you know, I know there was an individual down the road from me that passed away

and they had no idea who the beneficiaries were and come to find out if their beneficiaries were in

some different state. It took longer than a year, you know, and that was. You know, that's without,

that's just finding out who the beneficiaries were. I mean, things happen. I mean the one (1) year

deadline, this is something that the employees, you know the deceased employee paid into. So I

just don't know why we wouldn't just continue the payment understanding that. Like I get people

have may have to do a little more work, but you know it's their, it's their benefit. I don't. I don't

know why we would take it away. It's all I got.

Matthew J. Denny (written): #8245, Waiting to request their benefits does not have to do with

how much money someone has. Unfortunate things happen that could result in not requesting

benefits that the employee paid for. Its their money. I support the one (1) to three (3) years.

Response

The commenter appears to have confused the Oneida Life Insurance plan with a life insurance

benefit that is provided to employees. The Oneida Life Insurance Plan benefits is not an employee

benefit. The Oneida Life Insurance Plan is a benefit provided to all members of the Nation to be

used for funeral expenses first, with any residual benefits distributed to a designated beneficiary.

[10 O.C. 1004.5-1]. This is not a benefit that an individual paid into or contributed to in order to

receive. Benefits from the Oneida Life Insurance Plan are contingent on funding by the Nation.

[10 O.C. 1004.7-1]. It is unclear whether the commenter would support the expansion of the

notification timeframe in regard to the Oneida Life Insurance Plan and not an employee life

insurance benefit.

There is no revision to the proposed draft of amendments to the Law based on this comment.

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

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LOC Consideration

The Legislative Operating Committee agreed that no revision was needed to the proposed draft of

amendments to the Law based on this comment.

Comment 11 – Notification and Identification of Beneficiaries:

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.

Matthew J. Denny (written): Sometimes the beneficiaries don’t know they are beneficiaries. Will

the Trust and Enrollment Department reach out to the beneficiaries?

Response

The commenter questions if beneficiaries are notified by the Oneida Trust Enrollment Department

when they are listed as a beneficiary for a member of a Nation. Currently, the Law does not address

if beneficiaries are notified upon being listed as a beneficiary of a member of the Nation, nor does

the Law address a process in which people can check who is listed as the beneficiary of an

individual. The Law delegates authority to the Oneida Trust Enrollment Department for the

oversight and management of the Oneida Life Insurance Plan. [10 O.C. 1004.5-4]. The Law also

delegates administrative rulemaking authority to the Oneida Trust Enrollment Department to

promulgate rules to govern the administration of the Oneida Life Insurance Plan. [10 O.C. 1004.81].

It is recommended that the Oneida Trust Enrollment Department consider the development of

administrative rules which address such topics as the notification or identification of beneficiaries.

LOC Consideration

The Legislative Operating Committee determined that based on section 1004.8-1 of the Law that

delegates administrative rulemaking authority to the Oneida Trust Enrollment Department, it

would be most appropriate for the Oneida Trust Enrollment Department consider the development

of administrative rules which address such topics as the notification or identification of

beneficiaries.

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

Page 8 of 8

ONEIDA

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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

1004.2. Adoption, Amendment, Repeal

1004.3. Definitions

1004.6. Beneficiary Claim Process and Distribution

1004.7. Funding

1004.8. Administrative Rulemaking

1004.9. Appeals

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-08-23-23G and amended 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

10 O.C. 1004 – Page 1

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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

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.

10 O.C. 1004 – Page 2

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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.

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

three (3) yearsone (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

three (3) yearsthe 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.

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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:

(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.

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.

1004.9. Appeals

1004.9-1. An individual designated as the beneficiary of a decedent who believes they were

wrongfully denied benefits from the Oneida Life Insurance Plan by the Oneida Trust Enrollment

Department may appeal the denial of benefits to the Oneida Trust Enrollment Committee. Any

decision made by the Oneida Trust Enrollment Committee regarding the validity of the denial of

benefits is final.

End.

Emergency Adopted – BC-09-28-22-C

Emergency Extension – BC-03-22-23-C

Adopted – BC-08-23-23-G

Amended – BC-__-__-__-__

10 O.C. 1004 – Page 4

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