Senate subcommittee advances bill allowing Catawba Nation to join police retirement system

The Senate retirement subcommittee for Finance voted to give a favorable report to S.127, a bill sponsored by Senator Johnson that would allow the Catawba Nation to join the state Police Officers Retirement System pending approval by the governor.

Sponsor Senator Johnson said the change is aimed at helping the Nation recruit and retain law enforcement. "Imagine for a second living in an area that every time you hire law enforcement you can't give them benefits… another area immediately gobbles them up because they can offer these benefits," Johnson said, urging the panel to move the bill forward.

Olivia, a legislative staff member who summarized the measure for the subcommittee, said the bill would add the Catawba Nation to the statutory definition of "employer" for the Police Officers Retirement System if the Nation applies to and is admitted by the system's board under existing law. Olivia told the panel the Nation must comply with board rules and all applicable plan provisions and that the act would be effective upon the governor's approval.

Mister Pulaski, representing the Catawba Nation, told senators the tribe has roughly 4,200 enrolled members living in South Carolina and said tribal leaders negotiated a difficult waiver of sovereign immunity limited to participation in the retirement system so the board could enforce contribution and administrative requirements. "We had to give that so they could give us the ability to participate in the retirement system," Pulaski said.

Justin Warner, general counsel at the Public Employee Benefit Authority (PEBA), briefed the committee on technical pension mechanics. Warner said the Catawba Nation would join the system like any other small municipality: officers with prior credited state service could bring that service into the system (buy back or credit), and members would begin accruing service from the date the Nation elects to join.

Senators asked logistical and jurisdictional questions during the discussion. Committee members received clarification that the waiver of sovereign immunity is limited to disputes arising from participation in the retirement system and does not eliminate the Nation's sovereign status outside that narrowly defined context. Senators also asked about the Nation's law enforcement capacity and local partnerships; Pulaski said the Nation currently employs three officers and is about to start a fourth and that it coordinates with county and state agencies for broader policing needs.

After discussion, the chair called for a motion for a favorable report. The subcommittee approved the motion; the chair announced a favorable report to the full committee, noting that Senators Gambrell and Hembry submitted proxies in favor. The bill now moves to the full committee for further consideration.

Next steps: S.127 will be considered by the full committee; the act would take effect only after gubernatorial approval if enacted.