- 3 - Refund distribution was paid from a qualified employer plan under section 4980A(e)(2), then we must also decide whether such distribution qualifies for 10-year forward averaging under section 402(e)(1). FINDINGS OF FACT Some of the facts have been stipulated, and they are so found. Petitioners resided in Hagerstown, Maryland, at the time their petition was filed with the Court. Petitioner Allan R. Powell (petitioner) was a teacher for 41 years in the Baltimore and Hagerstown Public Schools until his retirement, effective July 1, 1992. At the time of trial, petitioner was employed as a part-time professor at Hagerstown Junior College. As an employee of the Baltimore and Hagerstown Public Schools, petitioner was a member of the Maryland State Teachers' Retirement System (the Retirement System) until he transferred to the Maryland State Teachers' Pension System (the Pension System) on June 1, 1990. In determination letters dated June 23, 1982, respondent determined that the Retirement System and the Pension System were qualified plans under section 401(a) and that they maintained trusts that were exempt from income tax under the provisions of section 501(a). In 1984, 2 years after respondent issued the determination letters, the Maryland State legislature amended some of the provisions of the Retirement System. Respondent did not re-evaluate the provisions of the Retirement System after thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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