A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTIONs 9-11-10 and 9-11-40, both RELATING TO the police officers retirement system, so as to set forth certain conditions by which the catawba nation may become an employer for purposes of the system.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Section 9-11-10(17) of the S.C. Code is amended by adding:

 

    (d) subject to the provisions of Section 9-11-40(1)(e), the Catawba Nation, to the extent it employs police officers pursuant to Section 27-16-70(C).

 

SECTION 2.  Section 9-11-40(1) of the S.C. Code is amended by adding:

 

    (e)(i) The Catawba Nation, in its discretion, may become an employer by applying to the board for admission to the system and by complying with the requirements of this section and the rules and regulations of the board. The application must set forth the requested date of admission, which must be the January first, or the April first, or the July first, or the October first next following receipt by the board of the application.

           (ii) An employee of the Catawba Nation may not become a member of the system unless substantially all of the employee's time is devoted solely to the performance of governmental service as a police officer.

           (iii) Notwithstanding any other provision of law, as a condition to joining the system, the Catawba Nation agrees to be subject to all of the state laws, regulations, administrative policies, and plan provisions related to the administration and enforcement of the requirements of the system and agrees that any and all disputes arising pursuant to or by virtue of its participation in the system will be resolved in the appropriate state court or administrative tribunal, notwithstanding any sovereign immunity that might otherwise apply. Nothing in this subitem shall be construed to affect, modify, diminish, or otherwise impair any sovereign immunity enjoyed by the Nation with respect to any other provision of state law unrelated to the administration and enforcement of the requirements of the system.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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