- 9 - In 1979, the Maryland State legislature (the legislature) adopted legislation, effective January 1, 1980, that created the Pension System and enabled participants in the Retirement System to voluntarily transfer to the Pension System.11 See Md. Ann. Code, art. 73B, secs. 83(8), 86B(6), 89(1)(e), 141, 142 (1988). Petitioners' principal contention is as follows: Petitioner's election to receive a lump sum distribution of his employee contribution was an election made pursuant to the retirement policy legally established by the Board [of Trustees for the Maryland State Retirement and Pension Systems] and was not pursuant to the statutory transfer option in Section 83(8). According to petitioners' theory, this policy was specifically designed to encourage retiring members of the Retirement System to transfer to the Pension System. Petitioners contend that petitioner did not satisfy the predicate requirements to transferring from the Retirement System to the Pension System imposed by Md. Ann. Code, art. 73B, sec. 10(...continued) virtually identical provisions authorizing distributions to employees and teachers who choose to transfer from a retirement system to a pension system. See Md. Ann. Code, art. 73B, secs. 11B(5), 14(1)(g) (1988), regarding the Maryland State Employees' Retirement System; Md. Ann. Code, art. 73B, sec. 89(1)(e) (1988), regarding the Maryland State Teachers' Retirement System. 11 The Pension System and the related transfer option to that system from the Retirement System were created in part because of concern about the actuarial integrity of the Retirement System due in particular to the unlimited post- retirement cost-of-living adjustments afforded those individuals retiring under the Retirement System. See Hylton v. Commissioner, T.C. Memo. 1995-27; Sites v. United States, 75 AFTR 2d 95-2503, 95-1 USTC par. 88,029 (D. Md. 1995).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011