AMERICAN FEDERATION OF TEACHERS v. STATE

No. 2013-821.

111 A.3d 63 (2015)

AMERICAN FEDERATION OF TEACHERS — New Hampshire & a. v. STATE of New Hampshire & a.

Supreme Court of New Hampshire.

Opinion Issued: January 16, 2015.


Attorney(s) appearing for the Case

Bernstein, Shur, Sawyer & Nelson, P.A., of Manchester ( Andru H. Volinsky , Christopher G. Aslin , and Talesha L. Caynon on the brief, and Mr. Volinsky orally), Molan, Milner & Krupski, PLLC, of Concord ( Glenn R. Milner on the brief), Stember Feinstein Doyle Payne & Kravec, LLC, of Pittsburgh, Pennsylvania ( William T. Payne and Stephen M. Pincus on the brief), and Gottesman & Hollis, PA, of Nashua ( David M. Gottesman on the brief), for the plaintiffs and intervenors.

Joseph A. Foster , attorney general ( Richard W. Head , associate attorney general, on the brief and orally), for the State.

Getman, Schulthess & Steere, PA, of Manchester ( Andrew R. Schulman on the brief), and McLane, Graf, Raulerson & Middleton, PA, of Manchester ( Michael A. Delaney orally), for New Hampshire Retirement System.


The State appeals the Superior Court's (McNamara, J.) ruling that legislative changes to the definition of "earnable compensation" applicable to members of the New Hampshire Retirement System violate the Contract Clauses of the New Hampshire and United States Constitutions. The plaintiffs and the intervenors cross-appeal the...

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