Tolhurst v Trust Territory [1973] TTLawRp 38; 6 TTR 330 (4 October 1973)

6 TTR 330

GEORGE TOLHURST, Petitioner

v.

TRUST TERRITORY, Respondent

Civil Action No. 42-73

Trial Division of the High Court

Palau District

October 4, 1973

Petition for declaratory judgment that petitioner, a resident alien of the United States, Canadian citizen and Trust Territory employee, was entitled to educational benefits for his minor dependents. The Trial Division of the High Court, D. Kelly Turner, Associate Justice, held that whether or not United States nationals were entitled to benefits, entitlement to which the law limited to United States citizens, petitioner was not a national and was not entitled to benefits.

Labor Relations-Dependent's Benefits

Petitioner, an employee of the Trust Territory Government, resident alien of the United States, and citizen of Canada, who had begun naturalization proceedings, was not a United States national or citizen and was thus not entitled to educational benefits for dependents of contracting employees who are United States citizens, whether or not nationals were entitled to such benefits.

Counsel for Petitioner: Counsel for Respondent:	J. LEO MCSHANE EFFIE SPARLING, Assistant
		Attorney General

TURNER, Associate Justice

Petitioner, an employee of the Trust Territory Government as vocational counselor and teacher, was informed by the government personnel department that he was not entitled to educational benefits for his dependent minor children attending school away from the Trust Territory. He thereupon brought this petition for a "declaratory decree" for an interpretation of his rights to educational benefits under his contract of employment.

The government answered and moved for summary judgment on the pleadings and supporting documents. The government alleged in its answer that (a) petitioner is a resident alien of the United States and is a citizen of Canada, and (b) that educational benefits for dependents of contracting employees are limited to United States citizens as set forth in petitioner's employment agreement, conditions of employment incorporated therein and Section 40 (i) of the United States Department of State standardized regulations adopted by the United States Department of the Interior and the Trust Territory.

The petitioner responded by affidavit that he is "in the process of commencing naturalization."