N.H. Admin. Code § Ret 313.01 - Modification or Suspension of Rules
(a) The board of
trustees shall, in the interest of justice, modify or suspend any requirement
or limitation imposed by this chapter, except those that are also mandated by
statute, following a determination that good cause exists for such proposed
modification or suspension. Such modification or suspension shall only be
considered when made upon the member's initiative.
(b) The member shall have the burden of
proving by a preponderance of the evidence to the board of trustees that the
basis for such a modification or suspension is not due primarily to the fault
of the member. Good cause shall include, but not be limited to, a member's
detrimental reliance on a third party to timely and accurately provide
information to the member or the NHRS necessary for the member's eligibility
for retirement benefits as well as those circumstances enumerated in
Ret
201.02(d).
(c) The party determined to be at fault shall
reimburse the NHRS for any cost incurred as a result of that party's failure to
comply with the NHRS's requirements.
Notes
#1953, eff 2-9-82 (rule Ret 204.2); ss by #2740, eff 6-11-84 EXPIRED 6-11-90
New. #5225, eff 9-18-91), EXPIRED: 2-5-98
New. #7375, INTERIM, eff 10-13-00, EXPIRES: 4-11-01; ss by #7478, eff 4-10-01; ss by #7573, eff 10-10-01, EXPIRED: 10-10-09
New. #9562, eff 10-14-09
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