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Q: Now, Mr. Pumphrey, you did ultimately retire,
and I believe your testimony has been that you retired
from the Pension System. Is that correct?
A: Well, it has to be correct, yes, sir, because
I had no other choice.
Q: And you are currently receiving an annuity
from that Pension System?
A: Yes, Sir.
Q: Do you understand based on what that annuity
is calculated?
A: Yes, sir, my years of service and the tie-ins,
the salary.
Q: And do those years of service include the
years of service that you earned under the Retirement
System?
A: Yes, sir, absolutely.
Q: So that, when you received your pension
annuity, pursuant to the plan provisions, your annuity
is calculated on all the years of service under both
the retirement system and the pension system, correct?
A: Right, absolutely. * * *
Later during the trial, in a colloquy with the Court,
petitioner testified as follows:
The Court: * * * Now, the pension that you
actually received and presumably are continuing to
receive to this day was based on your entire employment
tenure as the Clerk of Court of Howard County, I mean,
going all the way back to 1966 [and] through your
retirement?
The Witness: I certainly assume so. * * *
Petitioners also argue that their case "is different than
all of the reported cases because it deals with an elected
official that was separated from employment because of the loss
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