Subcommittee advances bill letting Catawba Nation join police pension system after limited sovereign-immunity waiver

At a meeting of the retirement subcommittee for Finance, members advanced S.127, a bill to allow the Catawba Nation to join the state Police Officers Retirement System, after the Nation agreed to waive sovereign immunity for disputes arising from participation in the system.

Olivia, a staff member who summarized the measure, said the bill would add the Catawba Nation to the statutory definition of “employer” for the police officers retirement system and require the Nation to apply to the retirement board, comply with existing rules and specify a requested admission date; the measure cites provisions listed as sections 9-11-43 and 9-11-40 and references section 27-16-70(c). She said the act would take effect upon approval by the governor.

“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…they are just simply asking to be allowed to join in so that they can attract and most importantly retain law enforcement,” Sen. Johnson said in support of the bill.

A representative of the Catawba Nation told the panel the Nation has about 4,200 members in South Carolina and has negotiated the change with tribal attorneys and the retirement system. “We are a sovereign nation because we are federally recognized and we waived our sovereign immunity, which is an incredible hardship, for us to do in any venue,” the representative said, adding the waiver is limited to participation in the retirement system so the board can enforce contribution and administration rules.

Justin Warner, general counsel at PEBA, told senators the technical effect is similar to other small municipalities joining the system: officers with prior service may receive credit for that service, and service for benefits accrues from the admission date set when the Nation joins. “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 practical questions about jurisdiction, staffing and operations. The Catawba representative said the Nation currently employs three officers and expects to add a fourth, that it operates two Kings casinos in North Carolina, and that it sometimes contracts with county officers for off-duty protection at casino facilities. The representative also described contributions to local anti–human-trafficking efforts.

After discussion and questions, the chair entertained a motion for a favorable report. The committee moved to a voice vote; the chair announced, “Ayes have it,” and stated that Senators Gambrell and Hembry submitted proxies. The subcommittee gave S.127 a favorable report to the full committee. The meeting then adjourned.

What happens next: S.127 will be scheduled for consideration by the full committee; the bill would take effect only if signed by the governor.