Senate Finance retirement panel advances bill to let Catawba Nation join police pension plan

At a meeting of the Retirement Subcommittee for Finance, senators advanced S.127, sponsored by Senator Johnson, which would allow the Catawba Nation to apply for membership in the state Police Officers Retirement System if it meets statutory application requirements and accepts the board’s rules.

Olivia, a committee staff member, summarized the bill: “This bill deals with the police officers retirement system,” and said the measure would add the Catawba Nation to the system’s definition of an employer under specified statutory provisions, require the nation to apply to the board under current law, and obligate the nation to comply with board rules and waiver terms so the board may enforce contribution and participation requirements. The staff summary cited statutory references discussed in the hearing (9-11-43; 9-11-40; and 27-16-70(c)).

Sponsor Senator Johnson framed the bill as a recruitment and retention measure. “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,” he said, adding the Catawba Nation wants to join “so that they can attract and most importantly retain law enforcement.”

A Catawba Nation representative told the committee the tribe has about 4,200 members in South Carolina and that its land footprint is smaller than other federally recognized nations because of historical settlement agreements; he said he would provide exact acreage after the hearing. He described the decision to waive sovereign immunity for retirement-system participation as difficult but limited: “We still maintain sovereign immunity outside of the state retirement system,” he said, and the waiver is confined to disputes arising from participation in the retirement system so the board can enforce its rules.

Justin Warner, general counsel at PEBA, answered procedural questions about benefits and vesting. He said officers with prior covered service would have that service recognized, and otherwise members would accrue service from the nation’s chosen date of admission, “just like any other small municipality” that elects to participate.

Committee members asked about jurisdictional and operational matters: the representative confirmed the Catawba Nation operates primarily in South Carolina with members in York, Lancaster and Chester counties and that the nation operates two Kings casinos in North Carolina; the representative also described existing cooperative arrangements with county law enforcement for off-duty and casino security and human trafficking initiatives.

After questions and brief discussion, the chair entertained and received a motion for a favorable report. The committee held a voice vote and the chair announced, “Ayes have it,” reporting the bill favorably to the full committee. The transcript records that the favorable report was unanimous and that Senators Gambrell and Hembry had sent proxies in advance.

The committee did not provide an exact numerical vote tally in the transcript; committee staff said the bill would take effect on the governor’s approval if enacted. The committee also requested the Catawba Nation provide exact acreage information as a follow-up.

What happens next: S.127 will be sent to the full Finance Committee for consideration; the transcript does not record a date for that hearing.