- 5 - 15.9 percent, and constitute the taxable portion of the Transfer Refund. Petitioner did not roll over the Transfer Refund into either an individual retirement account or an individual retirement annuity. When petitioner transferred from the Retirement System to the Pension System, he had attained the age of 66. If petitioner had not transferred to the Pension System but had remained a member of the Retirement System, he would have been entitled to retire and receive a normal service retirement benefit, including a regular monthly annuity. He would not have been entitled to receive a Transfer Refund because a Transfer Refund is payable only as a consequence of transferring from the Retirement System to the Pension System. Also, as a consequence of transferring from the Retirement System to the Pension System, petitioner became, and presently is, a member of the Pension System. As a member of the Pension System, petitioner is entitled to receive a retirement benefit based upon his salary and his creditable years of service, specifically including those years of creditable service recognized under the Retirement System.5 However, because petitioner received the Transfer Refund on account of 5 Petitioner became a member of the Retirement System in 1966 and therefore had been a member of the Retirement System for some 24 years at the time of his election to transfer to the Pension System.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011