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

The Retirement Subcommittee for Finance on Friday forwarded S.127, a bill to allow the Catawba Nation to join the state Police Officers Retirement System, to the full committee after testimony that tribal access to the system is central to recruiting and retaining officers.

Olivia, the staff presenter, told the subcommittee the bill would add the Catawba Nation to the definition of an employer for the police officers retirement system and set eligibility and application requirements, citing state provisions (noted in the hearing as sections 9-11-43 and 9-11-40). The bill would require the tribe to comply with state laws, board rules and plan provisions for administration and enforcement, and to waive sovereign immunity for disputes arising from participation; the act would take effect upon the governor’s approval.

Senator Johnson, sponsor of S.127, said the measure aims to help the tribe keep law enforcement on its force. "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," Senator Johnson said, urging passage so the tribe can attract and retain officers.

A representative of the Catawba Nation told the committee the tribe has about 4,200 members living in South Carolina and described the decision to waive sovereign immunity for the limited purpose of participating in the retirement system as "a huge gift" and a difficult but necessary step to protect tribal members. "We have 4,200 members of the Catawba Nation as far as populous housed within the state of South Carolina," the representative said.

Justin Warner, general counsel at PEBA, told senators that joining would operate like any other small municipality entering the police officer system: officers with prior service could be credited for earlier service, while new hires would begin accruing credit from the date the tribe elects to 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.

Committee members asked about the tribe's land footprint, cross-border issues and staffing. The tribe said it operates two 'Kings' casinos across the North Carolina border, employs off-duty county officers for casino security in some arrangements, and currently has three on-duty officers with a fourth expected to be added. Tribal staff also said the nation is building a courtroom and expects it to be finished by the end of the year to handle local cases.

With no further questions, the chair entertained a motion for a favorable report. The committee approved the motion; the chair recorded "Ayes have it," noting that Senators Gambrell and Hembry had sent proxies, and the subcommittee sent a unanimous favorable report to the full committee. The bill will next be considered by the full committee and would become effective only if approved by the governor.

Details not specified in the hearing include the tribe's exact acreage and any fiscal-impact estimate for the retirement system; petitioners offered to provide acreage and the bill text requires application to the board with a requested date of admission.