Joe M. and Patricia M. Brown - Page 14

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          normal service retirement.  In view of the fact that petitioner             
          had worked for the Highway Administration for over 35 years and             
          had previously received a Transfer Refund, retirement on a                  
          "normal" basis, rather than on a disability basis, was more                 
          advantageous.  Accordingly, on April 22, 1991, petitioner applied           
          to the Pension System for a normal service retirement, effective            
          May 1, 1991.   Petitioner's application for retirement was                  
          approved, and petitioner retired from the Highway Administration            
          on May 1, 1991.                                                             
               As a result of his retirement, petitioner is receiving a               
          normal service retirement benefit from the Pension System based             
          upon his salary and his creditable years of service, specifically           
          including those years of creditable service recognized under the            
          Retirement System.  However, as previously indicated, because               
          petitioner received the Transfer Refund on account of                       
          transferring from the Retirement System to the Pension System,              
          petitioner's monthly annuity is less than the monthly annuity               
          that he would have received if he had not transferred to the                
          Pension System but had retired under the Retirement System.                 
               On November 19, 1991, the Social Security Administration               
          (SSA) notified petitioner that he was entitled to disability                
          benefits because of SSA's determination that petitioner had                 
          become disabled on December 22, 1990.                                       








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