Subcommittee Advances Bill Letting Catawba Nation Join Police Officers’ Retirement System

The Retirement Subcommittee for Finance voted to give S.127 a favorable report, moving the measure to the full committee. The bill would allow the Catawba Nation to apply for admission to the South Carolina Police Officers Retirement System provided it meets statutory requirements and agrees to limited legal conditions.

Olivia, summarizing the bill for the panel, said the measure "adds the Catawba Nation upon its admission to the system to the definition of an employer for the police officers retirement system," requires the Nation to apply to the retirement board under existing law and board rules, and states that "any and all disputes arising pursuant to or by virtue of its participation in the system will be resolved in the tribunal, notwithstanding any sovereign immunity that might otherwise apply." The act would take effect upon approval by the governor.

Senator Johnson, sponsor of S.127, described the bill as a recruitment and retention tool for the Nation's law enforcement, saying, "And if you can imagine that scenario, well, that is the Catawba Nation." He said the Nation asked to be allowed to join so it can attract and retain officers.

Justin Warner, general counsel at PEBA, told senators that joining would operate "like any other municipality in the state that maybe hasn't joined the police officer system before." Warner said prior service in the system would carry over for officers who already have time in the state system; officers with no prior state service would begin accruing service once the Nation decides to join.

A Catawba Nation representative told the committee the Nation has about 4,200 members living in South Carolina and that the Nation had negotiated the waiver of sovereign immunity specifically to allow participation in the retirement system while retaining sovereign protections outside that context. Committee members asked about acreage, jurisdictional issues around two casinos in North Carolina and how cross-border operations relate to membership in the South Carolina system; the representative said most enrolled members live in York, Lancaster and Chester counties.

Following questions and discussion, the Chair entertained a motion for a favorable report. The subcommittee approved the motion by voice vote; the Chair noted that Senators Gambrell and Hembry submitted proxies in favor. The committee gave a unanimous favorable report to the full committee and adjourned.