Under the New Hampshire Retirement System (NHRS), public employees are classified as either Group I or Group II members. Group II includes positions that fit the definitions of either "permanent policeman" or "permanent fireman." Group I includes all others. In this case, the State Employees Association (SEA) sought to reclassify 62 Department of Corrections (DOC) Group I positions as Group II. As noted in the Court's opinion, "group II members are entitled to apply for retirement earlier than group I members, and to receive certain other more favorable retirement benefits."
"Permanent policeman," as defined, includes "[c]orrectional line personnel employed in the department of corrections who … [w]ork within a correctional facility in close and immediate contact with prisoners on a daily basis and have responsibility for security…." RSA 100-A:1, VII (b)(1). The 62 DOC positions included "accountants, administrators, carpenters, dieticians, maintenance technicians, engineers, plumbers, warehouse workers, stock clerks and recreational therapists." Upon request of the SEA, the DOC determined that all 62 positions met all requirements for Group II classification and requested NHRS to include them in Group II.
RSA 100-A:3, IX, empowers the NHRS trustees to make a determination "[i]f there is any doubt as to the proper classification of a job in the retirement system…." The section also provides that "[n]o job shall be reclassified from group I to group II of the retirement system without legislation specifically authorizing a transfer from group I to group II." The NHRS declined to act on the grounds that it had no jurisdiction. On appeal, the Supreme Court upheld NHRS, ruling that NHRS has jurisdiction to determine the classification only of newly-created positions. Only the legislature can reclassify positions from Group I to Group II.