Subcommittee advances bill to let Catawba Nation join state police pension if it waives limited sovereign immunity

A Senate retirement subcommittee advanced S.127 on a unanimous vote after hearing that the Catawba Nation wants access to the South Carolina Police Officers Retirement System to recruit and retain law-enforcement officers.

Olivia, a staff presenter, told the panel the bill would add the Catawba Nation "upon its admission to the system" to the definition of an employer under the police officers retirement system and would require the Nation to apply to the board, comply with existing requirements and the board's rules, and state a requested date of admission. The staff summary said the measure limits membership to employees whose "time is devoted solely to the performance of governmental service as a police officer" and that the act would take effect upon the governor's approval.

Senator Johnson, sponsor of S.127, said the measure addresses a practical recruitment problem: "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, because they can't get in any retirement system." He added the Catawba Nation is asking to join so it can "attract and most importantly retain law enforcement."

A Catawba Nation representative told the panel the Nation has about "4,200 members of the Catawba Nation as far as populous housed within the state of South Carolina" and said the Nation negotiated a difficult master settlement agreement that left its land footprint smaller than other tribes. The representative said the Nation agreed to waive sovereign immunity "as it relates to this system" so the retirement board can enforce contribution and participation requirements. He emphasized the waiver is limited to the retirement system: "We still maintain sovereign immunity outside of the state retirement system."

Justin Warner, general counsel at PEBA, told senators the mechanics of participation would mirror how other municipalities join: "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 prior service in the state system would carry forward for officers who previously served, while officers without prior service would begin accruing service upon the Nation's decision to join.

Committee members asked about jurisdictional and operational issues. The Catawba representative said the Nation can and does request assistance from county or state deputies, is building a courtroom with a judge and an advocate, and employs officers in off-duty roles to protect casino customers at two Kings casinos located in North Carolina. The representative also described local partnerships, including support for a Cleveland County human-trafficking unit funded in part from the Nation's revenues.

After discussion, the subcommittee chair entertained a motion for a favorable report and moved S.127 to a vote. The chair announced the measure received a unanimous favorable report to the full committee, noting two senators (Gambrell and Hembry) submitted proxies in favor.

The bill's next step is consideration by the full committee.