- 4 - Pension System are both exempt from taxation under section 501(a). As previously indicated, petitioner elected to transfer from the Retirement System to the Pension System on January 30, 1990. On the application to transfer, petitioner specifically opted to receive, in a lump sum, the distribution to which he was entitled upon transferring from the Retirement System to the Pension System. As a result of the election to transfer, petitioner received a distribution (the Transfer Refund) from the Retirement System in the amount of $158,680.98.4 Of this amount, $158,446.20 was paid to petitioner by check dated March 31, 1990, from the Maryland State Retirement Systems and the balance, or $234.78, was paid by check dated May 31, 1990. Petitioner's Transfer Refund of $158,680.98 includes $21,765.02 in previously taxed contributions and $136,681.18 of earnings.5 The earnings represent interest and constitute the taxable portion of that part of the Transfer Refund that was paid 4 The parties stipulated that the Transfer Refund amounted to $158,680.96. The documentary record clearly reveals, however, that the correct amount is $158,680.98. 5 So stipulated. The sum of these two amounts equals $158,446.20, which is the amount of the check dated March 31, 1990, from the Maryland State Retirement Systems. Although the record is not completely clear regarding the status of the balance of the Transfer Refund, i.e., the $234.78 amount that was paid to petitioner by check dated May 31, 1990, it would appear that this amount represents taxable employer "pickup" contributions. See sec. 414(h).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011