Committee Advances Bill Letting Catawba Nation Join Police Retirement System

A Senate retirement subcommittee on finance voted unanimously on Thursday to give S.127 a favorable report, clearing the bill to the full committee. The bill would allow the Catawba Nation, upon application and approval by the retirement board, to join the state Police Officers Retirement System.

Olivia, a staff member who summarized the measure for the committee, said the bill amends statutory definitions to add the Catawba Nation as an employer for the police officers system, sets application and admission requirements under sections 9-11-40 and 9-11-43, and requires that a Catawba employee devote substantially all time to governmental police duties to qualify. Olivia said the Nation must comply with existing plan rules and regulations and agree that disputes arising from participation be resolved in state tribunal, notwithstanding sovereign-immunity protections. The act would take effect upon the governor's approval.

Senator Johnson, the bill sponsor, told the committee the change is aimed at improving the Nation's ability to recruit and retain law enforcement officers. "They are just simply asking to be allowed to join in so that they can attract and most importantly retain law enforcement," Johnson said, asking the panel to move the bill forward.

A representative of the Catawba Nation told senators the tribe has about 4,200 members living in South Carolina and that the Nation's land footprint is smaller than many federally recognized tribes because of an unfavorable master settlement agreement; he offered to provide exact acreage to the committee. He said tribal leaders negotiated multiple times with retirement-system attorneys and agreed to a limited waiver of sovereign immunity only for matters related to participation in the retirement system so the system could enforce contribution and administration requirements.

Justin Warner, general counsel at the Public Employee Benefit Authority (PEBA), said officers who previously served in the state system could have that prior service recognized and would add to their existing time, while officers with no prior service would begin accruing service upon the Nation's election to join the system. "If this bill passes, they would start accruing service going forward from wherever the Nation makes that decision to join the system," Warner said.

Committee members asked practical questions about the Nation's staffing and jurisdiction. The Catawba representative said the Nation currently employs three officers and expects to start a fourth; many members live in York, Lancaster and Chester counties. He also noted the Nation operates two Kings casinos in North Carolina and works with Cleveland County law enforcement for off-duty security, and that the Nation supports regional efforts such as funding a Cleveland County human-trafficking unit in cooperation with the attorney general's office.

After discussion, the chair entertained a motion for a favorable report to the full committee. The committee voice-voted in favor; the chair announced that Senators Gambrell and Hembry had sent proxies and that the committee issued a unanimous favorable report. The subcommittee then adjourned.

Next steps: S.127 will be considered by the full committee.