C. Merritt and Dorothy Pumphrey - Page 10

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               During the years in issue, the State of Maryland maintained            
          both the Retirement System, in which petitioner participated,               
          and the Pension System, to which petitioner transferred effective           
          as of November 1, 1990.  Accordingly, in order to decide whether            
          petitioner received the "balance to the credit", we must treat              
          the Retirement System and the Pension System as a single pension            
          plan.  Sec. 402(e)(4)(C).                                                   
               Under Maryland law, petitioner's annuity under the Pension             
          System is calculated by taking into account petitioner's "average           
          final compensation" and petitioner's years of "creditable                   
          service".  Md. Ann. Code, art. 73B, sec. 117(2) (1988).  Because            
          section 402(e)(4)(C) requires that we treat the Retirement System           
          and the Pension System as a single pension plan, we conclude                
          that, by transferring from the Retirement System to the Pension             
          System, petitioner did not forfeit his right to a future monthly            
          annuity, but simply elected to receive an initial single payment            
          to be followed by a reduced monthly annuity.  Effectively,                  
          petitioner's transfer allowed him to receive the "balance to the            
          credit" in two parts, an initial single payment to be followed by           
          a reduced monthly annuity, based on all of his years of                     
          creditable service and on his salary during those years.  See               
          Green v. Commissioner, T.C. Memo. 1994-340.                                 
               The testimony of petitioner at trial reflects the foregoing.           
          Thus:                                                                       






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