Subcommittee advances bill allowing Catawba Nation to join police pension system

The Retirement Subcommittee for Finance voted unanimously to give a favorable report to S.127, a bill that would allow the Catawba Nation to join the state Police Officers Retirement System and require the Nation to waive sovereign immunity limited to disputes arising from participation in the system.

Olivia, a committee staff member, told the subcommittee that Section 1 adds the Catawba Nation to the retirement system's definition of "employer" under certain circumstances and that Section 2 sets qualifying language for admission. She said the Nation must apply to the board pursuant to current law in section 9-11-40, comply with the board's rules and regulations, specify a requested date of admission that meets statutory requirements, and meet the condition that an employee may not become a member unless "substantially all" of the employee's time is devoted to governmental policing service (citing 27-16-70(c)). The act would take effect upon approval by the governor.

Sponsor Senator Johnson said the measure is intended to help the Catawba Nation recruit and retain police officers by granting access to benefits available in the state system. "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," he said, arguing participation will improve the Nation's ability to retain officers.

An unnamed Catawba Nation representative told the committee the Nation has about 4,200 members in South Carolina and described its physical footprint as smaller than many other federally recognized tribes; the representative offered to provide exact acreage on request. The representative said the Nation negotiated a waiver of sovereign immunity "siloed" to the retirement system so that the system can enforce contribution and administration rules, while sovereign immunity would remain intact for matters outside the pension system.

Justin Warner, general counsel at the Public Employee Benefit Authority (PEBA), told senators the Nation would enter the system like any other small employer. Warner said prior service in the state system could be credited; if officers have no prior service they would begin accruing service from the admission date the Nation chooses.

Committee members asked about day-to-day policing, cross-jurisdictional assistance, and plans for a tribal courtroom and judge; the Catawba representative said the Nation can and does request assistance from county or state authorities and said the Nation is building a courtroom, judge, and advocate expected to be finished by the end of the year. The representative also described economic activity tied to two Kings casinos across the North Carolina border, said the Nation funded a Cleveland County human-trafficking unit, and noted some officers work in off-duty assignments outside the reservation and may receive higher pay in those roles.

The chair then entertained a motion for a favorable report to the full committee. After a motion and a second, the subcommittee approved the favorable report by voice vote; the chair announced the vote was unanimously favorable and noted Senators Gambrell and Hembry had sent proxies. The subcommittee adjourned.

The bill now moves to the full committee; the transcript does not record the full committee's schedule or any fiscal analysis beyond the statements made at the subcommittee hearing.