Raymond J. and Jacquelyn M. Byrne - Page 4




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          approved after the submission of additional evidence.  At the               
          time the application was approved, the commission possessed                 
          medical evidence that Judge Byrne’s disability was sustained                
          during the course of his employment as a judge.  On December 14,            
          1989, the chairperson of the commission and the Chief Justice of            
          the Supreme Court of California signed a certificate of                     
          retirement, and Judge Byrne began receiving disability retirement           
          benefits as of that date.3                                                  
               On February 16, 1993, the California Workers’ Compensation             
          Appeals Board found that Judge Byrne sustained an injury to his             
          psyche arising out of, and in the course of, his employment and             
          that the injury caused total permanent disability and awarded him           
          a permanent disability indemnity of $224 a week for life.                   
          Petitioners’ exclusion of these payments from gross income is not           
          in dispute.                                                                 
               In 1997, Judge Byrne received $63,745.56 from the Judges’              
          Retirement System.  Of this amount, $1,259.40 represented a                 
          return of his contributions.  Cal. PERS issued a Form 1099-R,               
          Distributions from Pensions, Annuities, Retirement or Profit-               
          Sharing Plans, IRAs, Insurance Contracts, etc., to Judge Byrne in           
          which it reported a gross distribution of $63,745.56 and a                  

               3A dispute arose over the effective date of Judge Byrne’s              
          retirement and whether he was entitled to additional benefits for           
          the period before Dec. 14, 1989.  In a stipulated settlement                
          executed by Cal. PERS, the commission, and Judge Byrne, Cal. PERS           
          agreed to pay benefits of $148,192.97 for the period between Jan.           
          1, 1987, and Dec. 13, 1989.                                                 




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