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Petition of Carrier

Supreme Court of New Hampshire

December 6, 2013

Petition of Michael Carrier (New Hampshire Retirement System)

Argued November 7, 2013.

Page 918

Original.

Molan, Milner & Krupski, PLLC, of Concord ( Robert F. Berry, Jr. and Glenn R. Milner on the brief, and Mr. Milner orally), for the petitioner.

Getman, Schulthess & Steere, P.A., of Manchester ( Andrew R. Schulman on the brief and orally), for the respondent.

DALIANIS, C.J. HICKS, CONBOY, LYNN and BASSETT, JJ., concurred.

OPINION

Page 919

Dalianis, C.J.

The petitioner, Michael Carrier, seeks review of a ruling of the board of trustees (board) of the respondent, New Hampshire Retirement System (NHRS), tat, as fire chief for Hampstead, he was required to be a member of the NHRS. We affirm.

I. Background

We briefly recite the relevant facts. The petitioner worked in Londonderry as a full-time firefighter and later as the town's fire chief. [165 N.H. 720] When he worked in Londonderry, the petitioner was enrolled in the NHRS. He retired from his Londonderry position in July 2007, and began receiving retirement benefits. In January 2009, the petitioner became the full-time fire chief for Hampstead. However, he did not re-enroll in the NHRS. Instead, he received both his NHRS retirement benefits and his Hampstead fire chief salary.

In February 2010, the NHRS notified the petitioner that his Hampstead employment was " subject to NHRS mandatory enrollment pursuant to RSA 100-A:1, VIII." The NHRS informed him that he was " required to be restored to active, contributory service immediately" and that his monthly pension benefits would cease as of March 2010 for " as long as [he] ... occup[ied] this full-time position." The petitioner retired from his Hampstead position in May 2010.

The petitioner filed a timely appeal of the February 2010 decision with the board. The board determined that, because the petitioner collected his retirement benefits while still employed full-time by Hampstead, he was overpaid $70,892.22 in pension benefits and $9,764.56 in medical subsidy benefits. The board ordered the petitioner restored to service and required that those amounts be recouped from his future benefit payments. Although ...


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