Rule of 55 401k: Guide to Penalty-Free Early Withdrawals
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The rule of 55 allows workers the potential to withdraw money from an employer-sponsored retirement plan like a 401(k) without a penalty once they reach age 55. Distributions are still taxable as income but there’s no additional 10% early withdrawal penalty.
The IRS rule of 55 applies to certain 401(k) and 403(b) plans. If you have either of these types of retirement accounts through your employer, it’s important to understand how the rule of 55 works when taking retirement plan distributions.
Key Points
• The rule of 55 allows penalty-free withdrawals from employer-sponsored retirement plans for individuals aged 55 or older in certain situations.
• This rule applies to 401(k) and 403(b) plans, allowing the potential for early access to retirement funds without the usual 10% penalty.
• To qualify, individuals must have separated from their employer at age 55 or older and leave the funds in the employer’s plan.
• The rule of 55 does not apply to IRAs, and certain conditions and restrictions may vary depending on the specific retirement plan.
• While the rule of 55 may be beneficial for early retirees, it’s important to consider tax implications and other factors before utilizing it.
What Is the 401(k) Rule of 55?
The 401(k) rule of 55 is an exception to standard IRS withdrawal rules for qualified workplace plans, including 401(k) plans and 403(b) plans. Typically, you can’t withdraw money from these plans before age 59 ½ without paying a 10% early withdrawal penalty. This penalty is only waived for certain allowed exceptions, of which the rule of 55 is one.
Specifically, the rule of 55 applies to “distributions made to you after you separated from service with your employer after attainment of age 55,” per the IRS. It doesn’t matter whether you quit, get laid off, or retired — you can still withdraw money from your retirement plan penalty-free, as long as the plan allows it. For qualified public safety employees, this exception kicks in at age 50 instead of 55.
How Does the Rule of 55 Work?
The rule of 55 for 401(k) and 403(b) plans allows workers to potentially access money in their retirement plans without a 10% early withdrawal penalty. This rule applies to current workplace retirement plans only. Also, the plan must allow the rule of 55 withdrawals (plans are not required to do so).
You can’t use the rule of 55 to take money from a 401(k) or 403(b) you had with a previous employer penalty-free unless you first roll over those account balances into your current workplace plan before separating from service.
This rule doesn’t apply to individual retirement accounts (IRA) either. So, you can’t use the rule of 55 to tap into an IRA before age 59 ½ without a tax penalty.
Rule of 55 Requirements
To qualify for a rule of 55 401(k) or 403(b) withdrawal, you’ll need to:
• Be age 55 or older
• Separate from your employer at age 55 or older
• Leave the money in your employer’s plan (rule of 55 benefits are lost if you roll funds over to a rollover IRA)
You also need to have a 401(k) or 403(b) plan that allows for rule of 55 withdrawals. If your plan doesn’t permit early withdrawals before age 59 ½, then you won’t be able to take advantage of this rule.
Also keep in mind as you’re doing retirement planning that IRS rules require a 20% tax withholding on early withdrawals from a 401(k) or similar plan. This applies even if you plan to roll the money over later to another qualified plan or IRA.
It’s wise to consider how that withholding will affect what you receive from the plan and how much you may still owe in taxes on your 401(k) later when reporting the distribution on your return.
Public Safety Workers and the Rule of 50
Qualified public safety workers, such as firefighters, police officers, EMTs, and air traffic controllers, have the potential to take penalty-free early withdrawals from their qualified workplace plans at age 50 instead of 55. They are eligible to take distributions in the calendar year they turn 50. They must also have separated from their employer during or after the year they turned 50.
If you are a public safety employee, check with your plan administrator to make sure that the rule of 50 applies to your specific workplace plan and to ensure that you meet the definition of a qualified public safety employee.
Example of the Rule of 55
Here’s how the rule of 55 works. Say you lose your job or decide to retire early at age 55, and you need money to help pay your bills and cover lifestyle expenses. Under the rule of 55, you may take distributions from the 401(k) or 403(b) plan you were making regular or 401(k) catch-up contributions to, up until the time you left your job. You will not be charged the typical 10% early withdrawal penalty in this instance.
Also worth noting: If you decide to go back to work a year or two later at age 56 or 57, say, you can still generally continue to take distributions from that same 401(k) or 403(b) plan, as long as you have not rolled it over into another employer-sponsored plan or IRA.
Rule of 55 vs 72(t) Distributions
In addition to the rule of 55 for early distributions, there are also 72(t) distributions. These distributions allow people to make withdrawals from certain workplace retirement plans and IRAs before age 59 ½ without penalty as long as they take the withdrawals using a method known as Substantially Equal Periodic Payments (SEPP).
To do this, an individual must agree to withdraw the money according to a specific schedule defined by the IRS, using specific calculations, for at least five years or until they reach age 59 ½, whichever is longer. They will need to withdraw the total balance in their account using this method.
However, it’s important to know that once an individual begins a SEPP plan, it generally can’t be stopped or changed (with certain exceptions) or they will owe a penalty.
Should You Use the Rule of 55?
The IRS rule of 55 is designed to benefit people who may need or want to withdraw money from their retirement plan early for a variety of reasons. For example, you might consider using this rule if you:
• Decide to retire early and need your 401(k) to close the income gap until you’re eligible for Social Security benefits
• Are taking time away from work to act as a caregiver for a spouse or family member and need money from your retirement plan to cover basic living expenses
• Want to take some of the money in your 401(k) early to help minimize required minimum distributions (RMDs) later
In those scenarios, it may make sense to apply the rule of 55 in order to access your retirement savings penalty-free. On the other hand, there are some situations where you may be better off letting the money in your employer’s plan continue to grow.
For instance, if your employer’s plan requires you to take a lump sum payment, this could push you into a substantially higher tax bracket. Having to pay taxes on all of the money at once could diminish your account balance more so than spreading out distributions — and the associated tax liability — over a longer period of time.
You may also reconsider taking money from your 401(k) early if you still plan to work in some capacity. If you have income from a new full-time job or part-time job, for instance, you may not need to withdraw funds from your 401(k) at all. But if you change your mind later and decide to return to work, you can continue to take withdrawals from the same retirement plan penalty-free.
Pros and Cons of 55 Rule 401k Withdrawals
It’s important to weigh the advantages and disadvantages to the rule of 55 401(k) withdrawals before choosing to use this method. Here’s what to consider.
Pros
• Distributions can be taken from a qualifying 401(k) without incurring an early withdrawal penalty.
• Provides immediate access at age 55 to retirement funds for eligible individuals that need it.
• A person may work for a new employer and earn income while taking distributions from a previous employer.
• Rule of 55 withdrawals do not need to be repaid, unlike 401(k) loans.
Cons
• Withdrawals are taxed at ordinary income rates.
• The rule of 55 may not be offered by all 401(k) plans, and it is not an option for IRAs.
• Withdrawal rules may vary — for example, some employers don’t allow partial withdrawals after a person leaves their employment, meaning the individual might need to withdraw the entire balance of their account.
• Retirement income may be impacted over the long term since withdrawing money might reduce the growth potential of an individual’s retirement savings.
Other Ways to Withdraw From a 401(k) Penalty-Free
Aside from the rule of 55, there are other exceptions that could allow you to take money from your 401(k) penalty-free. The IRS generally allows you to do so if you:
• Reach age 59 ½
• Pass away (for distributions made to your plan beneficiary)
• Become totally and permanently disabled
• Need the money to pay for unreimbursed medical expenses exceeding 10% of your adjusted gross income (AGI)
• Need the money to pay health insurance premiums while unemployed
• Are a qualified reservist called to active duty
A 401(k) loan might be another option for withdrawing money from your retirement account without a tax penalty. You might consider this if you’re not planning to retire but need to take money from your retirement plan.
With a 401(k) loan, you’ll have to pay the money back with interest. Your employer may stop you from making new contributions to the plan until the loan is repaid, generally over a five-year term. If you leave your job where you have your 401(k) before the loan is repaid, any remaining amount becomes payable in full. If you can’t pay the loan off, the whole amount is treated as a taxable distribution and the 10% early withdrawal penalty also may apply if you’re under age 59 ½.
Recommended: 401(k) Loan vs Personal Loan
What to Consider Before Rolling Over Your 401(k)
If you have left or will be leaving an employer and you’re considering rolling over your 401(k) into a traditional or Roth IRA, be aware that once you do so, you will not be eligible to use the rule of 55. With an IRA, you must wait until you are age 59 ½ before taking penalty-free withdrawals.
Recommended: IRA Calculator
The Takeaway
Early retirement may be one of your financial goals, and achieving it requires some planning. Maxing out your 401(k) or 403(b) may help you save the money you’ll need to retire early, and you might be able to access the funds early with the rule of 55. You may also want to consider investing in a tax-advantaged IRA as another way to help save for retirement and work toward financial security.
Prepare for your retirement with an individual retirement account (IRA). It’s easy to get started when you open a traditional or Roth IRA with SoFi. Whether you prefer a hands-on self-directed IRA through SoFi Securities or an automated robo IRA with SoFi Wealth, you can build a portfolio to help support your long-term goals while gaining access to tax-advantaged savings strategies.
Easily manage your retirement savings with a SoFi IRA.
FAQ
Does getting a new job affect my rule of 55 eligibility?
No. You can typically use the rule of 55 to keep withdrawing from your 401(k) if you get another job. As long as it’s the same 401(k) you were contributing to when you left your previous job and you haven’t rolled it over into an IRA or another plan, you can still continue to take distributions from it if you get a full-time or part-time job.
How do I initiate a rule of 55 withdrawal?
To start taking the rule of 55 withdrawals, you can reach out to your plan’s administrator to make sure the plan offers rule of 55 withdrawals. If it does, you’ll need to prove that you qualify. That means establishing that you are 55 or older, and that you’re leaving your job.
Is the rule of 55 withdrawal paid as a lump sum?
Some 401(k) plans may require you to take a lump sum payment if you are using the rule of 55. That could create a big tax liability since you will need to pay income tax on the money you withdraw. In this case you might want to explore other alternatives to the rule of 55. It may also be helpful to speak with a tax professional.
Can I use the rule of 55 for an IRA?
No. IRAs, including rollover IRAs, are not eligible for the rule of 55. The rule only applies to employer-sponsored plans like 401(k)s and 403(b)s.
Does the rule of 55 apply to 403(b) plans?
Yes, the rule of 55 applies to 403(b) plans like it does 401(k) plans. However, not all 403(b) plan providers choose to allow rule of 55 early distributions. Check your plan’s specific details or contact the plan administrator.
Photo credit: iStock/bagi1998
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Tax Information: This article provides general background information only and is not intended to serve as legal or tax advice or as a substitute for legal counsel. You should consult your own attorney and/or tax advisor if you have a question requiring legal or tax advice.
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