Glen L. Wittstadt, Jr. and Lynne M. Wittstadt - Page 10

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          83(8) (1988), and therefore could only have transferred under a             
          policy established in accord with the enabling statute that                 
          created the Board of Trustees for the Maryland State Retirement             
          and Pension Systems (the Board).  Specifically, petitioners argue           
          that petitioner failed to initiate the transfer by filing the               
          appropriate election form at least 90 days prior to the date that           
          the transfer was to become effective, as required by Md. Ann.               
          Code, art. 73B, sec. 83(8) (1988); therefore, according to this             
          argument, petitioner was permitted to transfer to the Pension               
          System, and to receive the Transfer Refund, on account of his               
          retirement.                                                                 
               Petitioners' argument, while colorable, is not persuasive.             
          First, petitioner was the only witness at trial.  Not only did he           
          fail to call any representative of the Maryland State Retirement            
          Agency or any member of the Board, but, more fundamentally, he              
          failed to persuade us of the existence of a policy in Maryland              
          whereby individuals could elect to transfer from the Retirement             
          System to the Pension System without satisfying the requirements            
          of Md. Ann. Code, art. 73B, sec. 83(8) (1988).  Rule 142(a);                
          Burton v. Commissioner, supra at 632; Sarmir v. Commissioner,               
          supra at 88.                                                                
               Moreover, petitioner testified that he was aware:  (1) He              
          could have transferred from the Retirement System to the Pension            
          System at any time after 1979 and received a transfer refund; (2)           
          an election to transfer (and thereby receive a transfer refund)             




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