Senate subcommittee advances bill letting Catawba Nation join police retirement system

The Senate Retirement Subcommittee for Finance moved S.127 forward on a unanimous voice vote after proponents said the change is aimed at helping the Catawba Nation recruit and retain law enforcement officers.

Senator Johnson, sponsor of S.127, told the panel the bill would allow the Catawba Nation to participate in the Police Officers Retirement System by adding the Nation to the statute’s definition of an employer. "They are just simply asking to be allowed to join in so that they can attract and most importantly retain law enforcement," Senator Johnson said.

Olivia, a staff presenter to the subcommittee, summarized the measure: the bill would add the Catawba Nation to the Police Officers Retirement System upon admission, require the Nation to apply to the system board under current law, and require that officers have service devoted to governmental police duties to be eligible. The measure cites existing statutory provisions, including sections 9-11-43 and 9-11-40 for employer definitions and 27-16-70(c) for eligibility and duties. The act would take effect upon approval by the governor.

A Catawba Nation representative told the committee the Nation has about 4,200 members living in South Carolina and that the Nation negotiated a limited waiver of sovereign immunity specifically to participate in the retirement system. The representative said the waiver is confined to pension administration and enforcement: "We had to give them that so they could give us the ability to participate in the retirement system," the representative said, explaining the tradeoff.

Justin Warner, general counsel at PEBA, told senators the admission would operate like any small municipality joining the system: prior time in the system would be credited where applicable, and officers would begin accruing service from the nation’s chosen admission date. "This just allows them to join the system like any other municipality in the state that maybe hasn't joined the police officer system before," Warner said.

Committee members asked practical questions about the Nation’s size, jurisdictional arrangements and local policing partnerships. The Catawba Nation representative said the Nation is building a courtroom and plans for its own judicial functions, and that the Nation currently employs off-duty county officers for security at two Kings casinos and partners with county law enforcement on some matters.

The subcommittee chair expressed a general caution about altering pension arrangements but supported moving the bill forward after hearing the legal and operational explanations. With no recorded roll-call, the chair asked for a motion for a favorable report; the panel voted by voice and the chair declared the motion carried, noting that Senators Gambrell and Hembry had sent proxies in favor. The bill will go to the full committee for further consideration.

What’s next: S.127 will be considered by the full committee; if passed there it proceeds through the regular legislative process and would take effect upon the governor’s approval.