TITLE: To Oppose Inclusion of Minors’ Trusts Established Under the Indian Gaming Regulatory Act in Determining Eligibility for Supplemental Security Income
WHEREAS, we, the members of the National Congress of American Indians of the United States, invoking the divine blessing of the Creator upon our efforts and purposes, in order to preserve for ourselves and our descendants the inherent sovereign rights of our Indian nations, rights secured under Indian treaties and agreements with the United States, and all other rights and benefits to which we are entitled under the laws and Constitution of the United States, to enlighten the public toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise promote the health, safety and welfare of the Indian people, do hereby establish and submit the following resolution; and
WHEREAS, the National Congress of American Indians (NCAI) was established in 1944 and is the oldest and largest national organization of American Indian and Alaska Native tribal governments; and
WHEREAS, many Indian nations have established minors’ trust funds pursuant to federally approved Revenue Allocation Plans under the Indian Gaming Regulatory Act; and
WHEREAS, under these minors trust funds, minors have no ownership of and are not entitled to receive funds from the trust fund until they are at least eighteen years of age, and any disbursement prior to that date is at the sole discretion of the trustee; and
WHEREAS, the Social Security Administration’s policy is that a trust may be a resource to the beneficiary in the rare instance where he or she (the beneficiary) has the authority to terminate the trust and gain access to the trust assets; and
WHEREAS, it appears that the Social Security Administration is including funds designated in such minors’ trusts as resources available to the minor when determining whether a minor is eligible for Supplemental Security Income (SSI), notwithstanding the fact that the minor does not own or have access to funds in the minors trust, nor the sole discretion for early disbursement which lies with the trustee; and
NOW THEREFORE BE IT RESOLVED, that National Congress of American Indians expresses its opposition to the inclusion of minors’ trust funds that are not owned by or available to minors as resources available to minors in determining eligibility for SSI and requests that the Social Security Administration not consider such trust funds as available resources; and
BE IT FURTHER RESOLVED, that this resolution shall be the policy of NCAI until it is withdrawn or modified by subsequent resolution.