Glen L. Wittstadt, Jr. and Lynne M. Wittstadt - Page 9

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               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).                            




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