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Taxes & accounts

The rule of 55, explained

The rule of 55 is an IRS exception: if you leave your job in or after the year you turn 55, withdrawals from that employer's 401(k) or similar plan are free of the 10% additional tax on early distributions. Regular income tax still applies, and IRAs are not covered.

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What the IRS says

IRS Publication 575 lists, among the exceptions to the 10% additional tax, distributions from a qualified retirement plan after your separation from service in or after the year you reached age 55. For qualified public safety employees the age is the earlier of 50 or 25 years of service under the plan.

The conditions

  • Leave in or after the year you turn 55. Leaving at 54 in December of the year you turn 55 counts; leaving at 53 does not, even if you wait until 55 to withdraw.
  • Only the plan of the employer you leave. 401(k)s from earlier jobs are not covered unless you rolled them into this plan before leaving.
  • Not IRAs. Money rolled from the plan into an IRA loses the exception.
  • Income tax still applies. Withdrawals from a traditional 401(k) are taxed as ordinary income; the plan usually withholds 20%.

How far it can stretch

Leaving at 55 with $600,000 in the plan, the rule covers the four and a half years to 59½. Taking $40,000 a year at a steady 3% return after inflation, the balance at 59½ would be about $469,884, and the money lasts 19.4 years, to about age 74 in total.

Rule of 55 vs 72(t)

Rule of 5572(t) payments
Earliest ageThe year you turn 55 (50 for public safety)Any age
AccountsThe plan of the employer you leaveIRAs and workplace plans
AmountAny amount, when you wantFixed by an IRS formula
CommitmentNone5 years or until 59½, whichever is later

The 72(t) calculator shows the payments for the other route.

Questions people ask

Can I cash out my 401k at 55 without penalty?

Yes, from the plan of the employer you leave in or after the year you turn 55, without the 10% additional tax. A full cash-out is still taxed as income in that year, which can push you into a higher bracket.

Rule of 55: how much can I withdraw?

The IRS rule sets no limit: the exception covers whatever you take from that plan. Your plan decides how withdrawals are allowed, for example only in full or in set amounts, so check its rules.

Which is better, the rule of 55 or 72t?

The rule of 55 is more flexible when it applies, because amounts are not fixed. 72(t) works at any age and from IRAs, but locks you into a payment schedule. Many early retirees use both for different accounts.

Can an employer deny the rule of 55?

The tax exception comes from the IRS, but a plan does not have to offer partial withdrawals after you leave. If your plan only allows a lump sum, that is the plan's rule, not the IRS's.

Tax rules have details not covered here. Check your plan's rules and talk to a tax professional before relying on the rule of 55. See the disclaimer.

Sources

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Last reviewed by Asier Fernández, editor, on . Educational information only, not financial advice. How we calculate

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