Subcommittee forwards bill allowing Catawba Nation to join police retirement system

The Retirement Subcommittee for Finance on Thursday voted unanimously to give S.127 a favorable report. The bill, sponsored by Senator Johnson, would allow the Catawba Nation to apply for admission to the South Carolina Police Officers Retirement System and require the Nation to comply with statutory admission criteria and the system’s rules.

Sponsor Senator Johnson said the change is intended to help the Nation recruit and retain officers. “They’re just simply asking to be allowed to join in so that they can attract and most importantly retain law enforcement,” he said.

Olivia, a committee staff member, summarized the bill’s key provisions: it adds the Catawba Nation to the definition of an employer eligible for the police officers retirement system under section 9-11-43; requires the Nation to apply pursuant to section 9-11-40; and requires officers’ duties to meet the substantially full-time public-safety standard in section 27-16-70(c). The bill also conditions participation on the Nation agreeing to be subject to applicable state laws, rules and plan provisions and to resolve disputes arising from participation in state tribunals notwithstanding sovereign immunity. The act would take effect upon approval by the governor.

A Catawba Nation representative told the subcommittee the Nation has about 4,200 members living in South Carolina and said its land footprint is relatively small due to historical settlement agreements. “We have 4,200 members of the Catawba Nation,” the representative said. The representative said the Nation negotiated the terms of participation with retirement-system counsel and tribal attorneys and agreed to waive sovereign immunity only with respect to participation in the retirement system so the system can enforce contribution and administrative requirements.

Justin Warner, general counsel at PEBA, said the Nation’s membership in the retirement system would operate like any other small municipality that chooses to join: prior service in the system would be credited and new service would accrue from the Nation’s chosen admission date. “This just allows them to join the system like any other municipality in the state,” Warner said.

Committee members asked how many officers the Nation currently employs and whether jurisdictional or cross-border issues would affect policing. The Nation’s representative said the Nation currently has three officers and is looking to hire a fourth, and that it has in practice coordinated with county law enforcement for certain matters. The representative also said the Nation operates two Kings casinos located in North Carolina but that most tribal members are concentrated in York, Lancaster and Chester counties in South Carolina.

With no additional questions, the Chair entertained a motion for a favorable report. The committee recorded an affirmative vote and the Chair announced the bill received a unanimous favorable report to the full committee; the transcript notes Senators Gambrell and Hembry sent their proxies. The bill now moves to the full committee and, if passed there, would take effect upon the governor’s approval.