For IGRA trusts, we use a precedent-based review system. This process requires a one-time review of the relevant trust documents by the jurisdictional
RCC (determined by the location of the tribe’s headquarters), including evidence that
the DOI has approved the trust as an IGRA trust. After the RCC drafts an opinion about
who the grantor of the master trust is, the Regional Trust Lead (RTL) evaluates the
opinion in conjunction with any other relevant information, and publishes a precedent
in the SSI Trust Monitoring System (SSITMS). The field office (FO) uses that precedent,
along with a tribal member’s joinder agreement or certification letter, to make an initial trust resource determination. The FO then
follows the regular trust review process of inputting their initial determination
into SSITMS for RTL review and FO effectuation, as outlined in this section.
NOTE: Documents regarding the IGRA trust, including any amendments to the documents, must be provided to the agency. Tribal members or the tribe itself may submit IGRA trust
documents through a Regional Communications Director (RCD), Public Affairs Specialist
(PAS), or FO Management in lieu of an FO technician.
FO technicians and RTLs must follow these steps to make an IGRA trust resource determination
under the precedent-based review system.
1. SSA receives trust documents
When we receive a trust document, joinder agreement, or certification letter, check
the SSITMS SharePoint Repository for Precedents to see if a precedent exists for the
trust by taking the following actions:
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a.
Access the SSITMS
website.
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b.
Use the SSITMS “Help” link to access the SharePoint Repository for Precedents. The
“Help” link also contains a user guide with instructions for using the SSITMS website.
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•
If a precedent exists, skip to Step 3.
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•
If there is no precedent, email all documents to the RTL for referral to the jurisdictional
RCC. Upon receiving an alert back from the RTL that the precedent is ready, go to
Step 3.
2. RTL establishes trust grantor precedent based on RCC opinion
Once the RCC reviews the trust and drafts an opinion about the grantor of the trust,
the RTL takes the following actions:
-
a.
Use the RCC opinion, together with any other relevant information, to establish a
trust precedent and upload the precedent to the SSITMS SharePoint Repository for Precedents.
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b.
Include in the precedent:
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•
copy of the master trust agreement;
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•
sample certification letter or joinder agreement;
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•
copy of the RCC opinion on the IGRA trust; and
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•
precedent summary sheet with: trust title, establishment date, amendment dates, and
whether the trust meets the requirements in SI 01120.195E in this section. State in the summary the specific reason why the IGRA trust does
not meet any requirement.
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c.
Alert the submitting RCD, PAS or FO of the review completion and precedent.
IMPORTANT:Do not share copies of trust precedents, RCC
opinions, or other materials in the SSITMS SharePoint Repository for
Precedents with the public, attorneys, or non-SSA personnel. Only
precedents in the PS part of PolicyNet are available to the
public.
3. FO makes initial trust resource determination
Use the precedent and certification letter or joinder agreement to make an initial
trust resource determination.
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a.
Review the certification letter and any other pertinent documents to establish that
the individual is a beneficiary of the IGRA trust.
NOTE: It is not necessary to verify that the beneficiary is a tribal member. Only tribal
members, or specifically defined groups of members, can be beneficiaries of IGRA trusts.
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b.
If the individual presents a joinder agreement (rather than the simpler certification
letter), compare it to the IGRA trust precedent to make sure that it contains the
same provisions.
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c.
If, according to the precedent, the tribe is the grantor of the trust, review the certification letter or joinder agreement based
on the requirements in SI 01120.200 and determine if the trust is a resource or not.
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d.
If, according to the precedent, the tribe is not the grantor of the trust, review the certification letter or joinder agreement based
on the requirements in SI 01120.201 and determine if the trust is a resource or not.
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e.
Document the trust resource determination, including whether the tribe is the trust
grantor, whether the trust counts as a resource, and any references and rationale
used in the decision-making process.
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•
For SSI Claims system (i.e., MSSICS) cases, use the Report of Contact page.
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•
For non-SSI Claims system cases, use a Report of Contact (SSA-5002) and store it in
the electronic folder (EF) or Evidence Portal.
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f.
Fax the initial trust resource determination, a copy of the trust, and other pertinent
trust documents into the appropriate EF.
4. FO transmits trust resource determination to RTL
Use SSITMS to transmit the trust resource determination to the RTL for review.
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a.
On the SSITMS website, select the “Add New Case” tab and input the claimant or recipient’s
name, social security number, and any relevant information about the trust.
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b.
Indicate in the CS Remarks field any references and rationale used for the determination.
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c.
Select “Other” as the trust type.
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d.
Submit the trust resource determination to the RTL for review following the instructions
on SSITMS.
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e.
SSITMS sends an email requesting a review to the RTL and the FO/ADO/RO mailbox. The
email subject is “SSI Trust for Review.”
5. RTL reviews FO trust resource determination
The RTL takes the following actions:
-
a.
Review the FO’s determination, including relevant information in the SSI Claims system
and the EF, and determine if you agree with the FO’s determination.
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b.
Document in the SSITMS Results field whether you agree or disagree with the FO’s determination;
annotate the RTL Remarks field; update the trust status to “Review Completed.”
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c.
Click “Update” in SSITMS to notify the FO by email that the RTL review is complete.
6. FO effectuates the trust resource determination
The FO takes the following actions:
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a.
Upon receiving the email from SSITMS, access SSITMS to view the results of the RTL’s
review.
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b.
Select the case from the Summary page listing or use the email link to access the
case; click on the “Details/Update” tab. The Results field indicates whether the RTL
agreed or disagreed with the FO’s resource determination.
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c.
After resolving any issues, change the trust status to “FO Effectuated” to process
the case.
NOTE: Select “FO Effectuated” only after completing all case development. Changing the
Trust Status to “FO Effectuated” locks the case in SSITMS. Only the Remarks fields
is accessible for additional comments.