Subcommittee advances bill allowing Catawba Nation to join police retirement system

A Senate Retirement Subcommittee on Finance voted unanimously to give S.127, a bill from Senator Johnson, a favorable report to the full committee after hearing that the measure would allow the Catawba Nation to join the state Police Officers Retirement System.

Olivia, a staff member who summarized the bill for the panel, said the measure would add the Catawba Nation to the definition of “employer” for the police officers retirement system subject to the requirements in sections 9-11-43 and 9-11-40. The bill requires the nation to apply to the system board, specify the requested date of admission, comply with board rules and regulations, and accept that employees may join only if “substantially all” of their time is devoted to governmental police service, citing section 27-16-70(c).

Senator Johnson, the bill’s sponsor, described the change as a recruitment and retention measure: “they are wavering sovereign immunity as it relates to this system,” he said, arguing that access to retirement benefits would help the nation attract and keep officers. A representative of the Catawba Nation told the panel the nation has about 4,200 members in South Carolina and said it was prepared to waive sovereign immunity only for disputes arising from participation in the retirement system so the system could enforce contribution and compliance obligations.

Justin Warner, general counsel at PEBA, told the subcommittee the practical effect would be the same as a small municipality joining the system: prior service already counted toward vesting, and officers would begin accruing service from whatever date the nation’s application designated. “This just allows them to join the system like any other municipality,” Warner said.

During questioning, senators pressed for details about acreage, operational arrangements and the size of the Catawba force; the nation’s representative said acreage would be provided later, the nation operates two Kings casinos across the state line in North Carolina while most members live in York, Lancaster and Chester counties in South Carolina, and currently fields three officers with plans for a fourth.

With no further substantive opposition recorded, the chair called for a motion for a favorable report. The committee voted unanimously to advance S.127 to the full committee; the chair noted that Senators Gambrell and Hembry sent proxies in support. The subcommittee then adjourned.

The bill will next be considered by the full committee; no hearing date on that body was specified during this session.