Subcommittee advances bill to let Catawba Nation join state police retirement system

At a meeting of the Retirement Subcommittee for Finance, members advanced S.127, a bill that would permit the Catawba Nation to join the state Police Officers Retirement System if the Nation applies and meets the board’s requirements.

Committee staff summarized the bill as adding the Catawba Nation, upon admission, to the statutory definition of an employer for the police officers retirement system and adding qualifying language that requires the Nation to apply to the retirement board under existing law (cited in the hearing as sections 9‑11‑43 and 9‑11‑40). The staff summary noted applicants must comply with the board’s rules and set a requested date of admission that meets statutory requirements; the act would take effect upon the governor’s approval.

Senator Johnson, the bill sponsor, said the change is intended to help the Nation recruit and retain law enforcement by offering access to the same retirement benefits as other municipal employers. "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...another area immediately gobbles them up because they can offer these benefits," Johnson said, describing the competitive disadvantage for employers that cannot offer retirement benefits.

A Catawba Nation representative told the panel the Nation has about 4,200 members in South Carolina and that its land footprint is smaller than many other federally recognized tribes because of a "master settlement agreement" the representative described as unfavorable; the representative said he would provide precise acreage on request. The representative also said the Nation has waived sovereign immunity for the narrow purpose of participation in the state retirement system, explaining the waiver is intended to allow the retirement board to enforce contribution and administrative rules.

Justin Warner, general counsel at the Public Employee Benefit Authority (PEBA), told senators the bill would treat the Nation "like any other municipality that joins the system." Warner said prior covered service would be credited toward vesting if officers had prior service in the state system; officers without prior service would begin accruing service when the Nation elects admission.

Committee members asked about criminal jurisdiction and law‑enforcement arrangements. The Catawba representative said the Nation sometimes processes matters off‑site but is building a courtroom and expects to have its own judge and advocate by year‑end. He also described that the Nation owns two Kings casinos in North Carolina, that most Nation members live in York, Lancaster and Chester counties in South Carolina, and that the Nation employs many Cleveland County officers in off‑duty roles at the casinos, saying the Nation has partnered with local authorities and the attorney general’s office on human‑trafficking efforts.

The chair entertained a motion for a favorable report to the full committee. The panel moved the favorable report by voice vote; the chair declared "Ayes have it," and noted that Senators Gambrell and Hembry had sent proxies. The motion carries a favorable report to the full committee. The bill, as presented in the hearing, would take effect upon approval by the governor.

No formal vote tally by name was recorded in the transcript; the record states the favorable report was carried by voice and that two senators sent proxies. Information about precise acreage of Catawba Nation land, and any formal mover/second for the motion, was not specified in the hearing transcript.

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