Harold E. Emmons and Anna Mae Emmons - Page 14

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          the balance of petitioner's separate account.  Thus, petitioners            
          argue that, pursuant to section 414(k), petitioner's separate               
          account in the Annuity Savings Fund should be treated as a                  
          defined contribution plan.  Petitioners further argue that this             
          defined contribution component constituted a profit-sharing plan,           
          and that the Transfer Refund was paid from such profit-sharing              
          plan.  Finally, petitioners argue that because profit-sharing               
          plans are not aggregated with pension plans under section                   
          402(e)(4)(C), petitioner received the balance to her credit from            
          a profit-sharing plan when she received the Transfer Refund.                
               We have carefully considered petitioners' contention, and we           
          reject it for two reasons.                                                  
               First, the Retirement System did not provide a benefit based           
          "partly on the balance of the separate account" of petitioner               
          under section 414(k).  As discussed earlier, in order to satisfy            
          the "separate account" requirement in section 414(k),                       
          petitioner's separate account must have maintained the                      
          characteristics of a defined contribution plan; namely, the                 
          allocation of investment gains and losses to petitioner's                   
          separate account.  Here, the Annuity Savings Fund held                      
          petitioner's accumulated contributions.  Pursuant to Maryland               
          law, petitioner's account in the Annuity Savings Fund was                   
          credited with "regular interest" annually.  Md. Ann. Code, art.             
          73B, sec. 14(2)(c) (1988).  We do not think that the crediting of           






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