Senate subcommittee advances bill letting Catawba Nation join police retirement system

The Senate Retirement Subcommittee for Finance voted unanimously to give S.127 a favorable report, advancing a bill that would allow the Catawba Nation to join the state Police Officers Retirement System.

Olivia, a committee presenter, told members that "Section 1 of the bill adds the Catawba nation upon its admission to the system to the definition of an employer for the police officers retirement system" and that Section 2 "adds qualifying language for the Catawba nation to be eligible for the police officers retirement system." She said the Nation must apply to the board under current law, meet statutory requirements and comply with the board's rules and regulations; the act would take effect upon the governor's approval.

Sponsor Senator Johnson said the measure is intended to help the Nation recruit and retain officers. "They are just simply asking to to be allowed to to join in so that they can attract and most importantly retain law enforcement," he said, describing the waiver of sovereign immunity for the limited purpose of participating in the retirement system as part of the Nation's request.

A representative of the Catawba Nation told the subcommittee the Nation has about "4,200 members of the Catawba Nation as far as populous housed within the state of South Carolina," said its land footprint is smaller than many tribes because of historical settlement agreements and described the waiver as a difficult but necessary trade-off to participate in the system.

Justin Warner, general counsel at the Public Employee Benefit Authority, told senators the Nation's participation would be "just like any other municipality" joining the police system: prior credited service would carry forward for officers who have it, and new service would accrue from the date the Nation elects to join. Warner said there are no special benefit rules beyond addressing jurisdictional questions linked to the Nation's sovereign status.

Committee members asked about operational details during discussion. Senators raised questions about the Nation's acreage and membership distribution across North and South Carolina, the current size of the Nation's police force (the representative said three officers, with a fourth expected), and whether criminal matters are handled solely by the Nation's police or in coordination with county or state agencies. The representative said the Nation can and does coordinate with county and state law enforcement and is building a courtroom expected to be finished by year'end.

At the conclusion of the discussion the chair entertained a motion for a favorable report. The committee voted; the chair announced "Ayes have it, with Senator Gambrell and Senator Hembry, who sent me their proxy, unanimously favorable report to the full committee." The subcommittee then adjourned.

Next steps: S.127 will be reported to the full Finance Committee for further consideration.