- 10 - 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)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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