In re Carrier
165 N.H. 719
N.H.2013Background
- Carrier, a Hampstead fire chief, previously worked as a Londonderry firefighter enrolled in NHRS; he retired Londonderry in 2007 and began Hampstead employment in 2009 without re-enrolling in NHRS.
- Upon Hampstead employment, Carrier received both NHRS retirement benefits and Hampstead salary.
- In Feb. 2010, NHRS informed Carrier his Hampstead job triggered mandatory NHRS enrollment, requiring restoration to active service and cessation of pension benefits.
- Carrier retired from Hampstead in May 2010; NHRS later determined overpayments of $70,892.22 in pension benefits and $9,764.56 in medical subsidies.
- The board ordered Carrier restored to service and recouped the overpayments from future benefits; Carrier appealed by writ of certiorari.
- The court affirmed, upholding the board’s conclusions and denial of waiver and maintaining recoupment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hampstead chief is a permanent firefighter under NHRS | Carrier was not a permanent firefighter | NHRS position that Hampstead fire chief is permanent firefighter under RSA 100-A:1 VIII | Yes; Hampstead chief qualifies as a permanent firefighter under statute |
| Whether official appointed for fixed term excludes group II members | Appointed for fixed term excludes Carrier from mandatory membership | The fixed-term official exception does not apply to group II members | No; exception does not apply to group II members (firefighters/police) |
| Whether recoupment could be waived | Recoupment should be waived for justice | Waiver denied after full consideration; transcript absence presumed supportive of board | No; board’s denial of waiver affirmed |
Key Cases Cited
- Petition of State Employees’ Assoc., 161 N.H. 476 (2011) (standard of review; de novo statutory interpretation; final arbiter of legislative intent)
- Bean v. Red Oak Prop. Mgmt., 151 N.H. 248 (2004) (absence of transcript; assume record supports board’s findings)
- City of Concord v. State of N.H., 164 N.H. 130 (2012) (NHRS is a tax-qualified pension trust; statutory framework)
- Appeal of Town of Seabrook, 163 N.H. 635 (2012) (agency statutory interpretation entitled to deference)
- Bel Air Assocs. v. N.H. Dep’t of Health & Human Servs., 154 N.H. 228 (2006) (administrative construction conforms to legislative intent)