C. Merritt and Dorothy Pumphrey - Page 9

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               In support of her determination that petitioner did not                
          receive the "balance to the credit" when he transferred from the            
          Retirement System to the Pension System, respondent relies on the           
          fact that petitioner's years of creditable service under the                
          Retirement System carried over to the Pension System, see Md.               
          Ann. Code, art. 73B, sec. 115(4) (1988), and that those years of            
          service increased the monthly annuity benefit to which petitioner           
          is entitled.                                                                
               By contrast, petitioners contend that petitioner received              
          the entire account balance from the Retirement System when he               
          received the Transfer Refund.9  Therefore, petitioners conclude             
          that the "balance to the credit" requirement of section                     
          402(e)(4)(A) is satisfied.                                                  
               We begin our analysis with section 402(e)(4)(C).  That                 
          section provides, in relevant part, as follows:                             
                    (C) Aggregation of Certain Trusts and Plans.--For                 
               purposes of determining the balance to the credit of an                
               employee under subparagraph (A)--                                      
                    (i) all trusts which are part of a plan shall                     
                    be treated as a single trust, all pension                         
                    plans maintained by the employer shall be                         
                    treated as a single plan * * *  [Emphasis                         
                    added.]                                                           


          9 Respondent appears to concede implicitly that the                         
          Transfer Refund included all of petitioner's contributions and              
          the earnings thereon.  Cf. Wheeler v. Commissioner, T.C. Memo.              
          1993-561 (a member of the Retirement System did not receive the             
          "balance to the credit" upon receiving a Transfer Refund; a                 
          portion of the member's contributions was transferred from the              
          Retirement System to the Pension System).                                   




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