Elaine S. Bennett - Page 4

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          received a distribution (the Transfer Refund) from the Retirement           
          System in the amount of $348,483.42, which petitioner received in           
          the form of a check dated February 28, 1991.                                
               The Transfer Refund consisted of $21,461.94 in previously              
          taxed contributions made by petitioner, and $327,655.59 of                  
          earnings in the form of interest.5  The earnings constitute the             
          taxable portion of the Transfer Refund.                                     
               If petitioner had not transferred to the Pension System but            
          had remained a member of the Retirement System, she would have              
          been entitled to retire and receive a normal service retirement             
          benefit, including a regular monthly annuity, at age 60.  She               
          would not have been entitled to receive a Transfer Refund because           
          a Transfer Refund is payable only as a result of transferring               
          from the Retirement System to the Pension System.                           
               As a result of transferring from the Retirement System to              
          the Pension System, petitioner became, and presently is, a member           
          of the Pension System.  As a member of the Pension System,                  
          petitioner is entitled to receive a retirement benefit based upon           
          her salary and her creditable years of service, specifically                
          including those years of creditable service recognized under the            
          Retirement System.  However, because petitioner received the                


          5         So stipulated.  However, the sum of these two amounts             
          equals $349,117.53, which sum exceeds the amount of the Transfer            
          Refund (i.e., $348,483.42) by $634.11.  This discrepancy is not             
          explained in the record.                                                    




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