Senate panel advances bill to admit Catawba Nation to police retirement system

A Senate retirement subcommittee voted unanimously to give a favorable report to S.127, a bill that would allow the Catawba Nation, upon admission, to be treated as an "employer" under the state Police Officers Retirement System.

Olivia, a committee staff member, told the panel the bill ‘‘adds the Catawba Nation upon its admission to the system to the definition of an employer’’ and requires the Nation to apply to the retirement board under current law, comply with the board’s rules and regulations, and ‘‘set forth the requested date of admission.’’ The summary noted the Nation must agree that any disputes arising from participation in the system ‘‘will be resolved in the tribunal, notwithstanding any sovereign immunity that might otherwise apply.’’ The act would take effect upon the governor’s approval.

Senator Johnson, the bill’s sponsor, said the change is aimed at helping the Nation recruit and retain officers. "Imagine if you can for a second living in an area that every time you hire law enforcement because you can't give them benefits...they can't get in any retirement system," Johnson said, adding that the Nation had agreed to waive sovereign immunity for the limited purpose of participation in the retirement system.

A representative of the Catawba Nation told the committee the Nation has about "4,200 members" housed in South Carolina and described a relatively small land footprint tied to historic settlement agreements. The representative said the Nation currently employs three officers, expects to start a fourth, and cannot compete with other agencies on pay and benefits. He described waiving sovereign immunity for the retirement system as a difficult but necessary step to secure participation and accountability.

Justin Warner, general counsel at the Public Employee Benefit Authority (PEBA), told the panel the Nation would join "like any other municipality" that elects to participate. Officers with prior service in the state system could have that time credited; those without prior service would begin accruing service from the admission date the Nation selects.

Committee members pressed for operational detail, and the Nation’s representative said the Nation can and does request assistance from county or state law enforcement and is building a courtroom with its own judge and advocate expected to be finished by the end of the year.

With no further questions, the committee entertained a motion for a favorable report. The committee chair called for the vote, members responded ‘‘aye,’’ and the chair announced the motion carried unanimously, noting Senators Gambrell and Hembry had sent proxies. The subcommittee then adjourned.

The bill will be reported favorably to the full committee for further consideration.