Samaha v. Grafton County

I respectfully dissent from the majority opinion because the plaintiff in my view was legally an employee of Grafton County and was entitled to the benefits of the county’s participation in the New Hampshire Retirement System (NHRS).

An “employee” under NHRS is “any regular classified or unclassified officer or employee of an employer . . . .” RSA 100:1, IV (1964) *588(emphasis added). It is undisputed that Grafton County was an employer under the statute. See RSA 100:1, III, :29 (1964). To qualify as an employee of the county under the act, the plaintiff thus need establish only that he was…