KING, C.J.
The plaintiff, the New Hampshire Retirement System (the System), brought a petition for a declaratory judgment in superior court against John H. Sununu, as Governor of the State of New Hampshire, and five members of the Governor's Council. All parties moved for summary judgment, and the Superior Court (O'Neil, J.) transferred two questions of law to this court: "[W]hether the New Hampshire Retirement System is an agency or department within the executive...
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