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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 the
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