Harold E. Emmons and Anna Mae Emmons - Page 5

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          (2)(a) (1988).  Additionally, the Accumulation Fund holds all               
          reserves for the payment of all benefits, except for those                  
          payable from the Annuity Savings Fund.  Md. Ann. Code, art. 73B,            
          sec. 14(2)(a) (1988).                                                       
               The Transfer Refund                                                    
               On January 11, 1991, petitioner elected to transfer from the           
          Retirement System to the Pension System, effective February 1,              
          1991.  As a result of the election to transfer, petitioner                  
          received a distribution (the Transfer Refund) from the Retirement           
          System in the amount of $390,513.91.  The Transfer Refund                   
          consisted of $12,460.05 in previously taxed contributions made by           
          petitioner, $374,918.36 of earnings, $2,732.09 of employer "pick-           
          up contributions",5 and $403.41 of interest on the employer pick-           
          up contributions.  The earnings, pick-up contributions, and                 
          interest on the pick-up contributions; i.e. $378,053.86,                    
          constitute the taxable portion of the Transfer Refund.                      
               The rate of earnings paid as part of the Transfer Refund was           
          not the rate of regular interest of 4 percent, but was an amount            
          based on the average interest rate for the 5 years preceding the            
          year of transfer, compounded annually.  Md. Ann. Code, art. 73B,            
          sec. 11B(5) (1988).  The interest rate for each of the 5 years              
          was computed as the sum of the investment income and the realized           
          gains and losses, divided by the book value of the total                    
          investments of the Retirement System.  Id.                                  

          5 See sec. 414(h).                                                          



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