Upson v. Board of Trustees of New Hampshire Retirement System

The plaintiff, a State employee, filed a petition for declaratory judgment after the defendant board of trustees (the board) refused to accept his application for ordinary disability retirement benefits under the New Hampshire Retirement System. Pursuant to RSA 491:17, the Superior Court (Souter, J.) transferred without ruling the following questions of law:

“(1) Is the plaintiff entitled to apply for ordinary disability benefits pursuant to RSA 100-A:6,1 and RSA 100-A:28-a, II?(2) Is the defendant’s conduct in refusing to accept plaintiff’s application such that the plaintiff should be…