28-a Retirement Unfunded Mandate Lawsuit
A Supreme Court appeal has been taken in the lawsuit challenging the 2009 legislation that mandated increases in the public employer contributions to the NHRS. The suit, filed on behalf of more than 300 municipalities, school districts and counties, with the City of Concord, Mascenic Regional School District and Belknap County as named plaintiffs, asserts that by reducing the State’s contribution from 35 percent to 25 percent—and thus increasing the local government contribution from 65 percent to 75 percent—the State violated Part 1, Article 28-a, of the New Hampshire Constitution, which prohibits unfunded state mandates. A superior court judge ruled in favor of the State, and the plaintiffs appealed to the New Hampshire Supreme Court. Both sides have filed briefs, and oral argument is likely to be scheduled in the winter or early spring 2012.
As developments occur, we will update this posting, so check back periodically. Please do not hesitate to contact the Legal Services and Government Affairs Department by email or at 800.852.3358, ext. 384 if you have additional questions.