Home / Taxes & accounts / The rule of 55, explained
Taxes & accountsThe 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.

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 55 | 72(t) payments | |
|---|---|---|
| Earliest age | The year you turn 55 (50 for public safety) | Any age |
| Accounts | The plan of the employer you leave | IRAs and workplace plans |
| Amount | Any amount, when you want | Fixed by an IRS formula |
| Commitment | None | 5 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
- Internal Revenue Service, Publication 575, Pension and Annuity Income.
- Internal Revenue Service, Topic no. 558, Additional tax on early distributions from retirement plans other than IRAs.
Keep reading
- 72(t) SEPP rules, explained
The IRS methods, the rate cap, the 5-year-or-59½ rule and what breaking the schedule costs.
- The Roth conversion ladder, explained
Convert, wait five years, withdraw: how the ladder works under the IRS rules, with a five-year example.
- How much do I need to retire at 55?
The portfolio for a 40-year retirement by spending level, with the rule of 55 and Social Security.
- How to retire early, step by step
Spending, your number, savings rate, the bridge to 59½ and health insurance, with the math at each step.
Last reviewed by Asier Fernández, editor, on . Educational information only, not financial advice. How we calculate