New Hampshire Code of Administrative Rules
Ret - Board of Trustees of the N.H. Retirement System
Chapter Ret 300 - PARTICIPATION IN THE RETIREMENT SYSTEM
Part Ret 313 - RULE WAIVERS
Section Ret 313.01 - Modification or Suspension of Rules
Current through Register No. 40, October 3, 2024
(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.
#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
