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Nathan Kim

Company ended our defined benefit pension plan and offered lump sum payout - tax implications?

So my workplace just announced they're terminating our defined benefit pension plan and gave us the option to take a lump sum payout. I'm considering taking the cash instead of rolling it into my 401k since it's not really a huge amount (around $18,500). I know they'll automatically withhold federal and state taxes, but I'm wondering if I'll also get hit with that 10% early withdrawal penalty like when you take money early from 401ks and IRAs? I'm 43 years old, so definitely under retirement age. Should I be setting aside extra money to cover this penalty when tax time comes around next year? The HR department was super vague about it when I asked.

The 10% early withdrawal penalty typically applies to early distributions from qualified retirement plans, but there are some important nuances with defined benefit plan terminations. If you take the lump sum as cash (not rolling it over), you'll face immediate income tax withholding (typically 20% federal), but whether the 10% early withdrawal penalty applies depends on your age and the specific plan. At 43, you're under 59½, so the penalty would normally apply. However, if you separated from service at age 55 or older, or if this distribution qualifies under other exceptions, you might avoid it. Your best option to avoid both taxes AND the penalty would be to roll the amount directly into an IRA or your current employer's 401k. Even though it's not a large amount, that $18,500 could grow significantly over time in a tax-advantaged account.

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If they take the cash instead of rolling it over, would they get a 1099-R form at tax time? And do they have to report this on their taxes even though the company is withholding?

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Yes, you'll receive a 1099-R form from the plan administrator reporting the distribution. You absolutely must report this on your tax return even though they withheld taxes. The withholding is just an estimate of what you might owe. The 1099-R will include a distribution code that helps determine if the 10% penalty applies. Watch for this code - if it's code 1, the distribution is generally subject to the penalty unless you qualify for an exception. If it's code 2 or 7, the distribution is usually not subject to the penalty.

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After reading this thread, I wanted to share my experience with a similar situation. I used taxr.ai (https://taxr.ai) to analyze my pension distribution documents and it saved me a ton of headaches! I uploaded my plan termination paperwork and the tool analyzed everything, explaining exactly what tax implications I was facing and highlighting potential exceptions to the 10% penalty I might qualify for that I had no idea about.

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Does this actually work for pension documents? I thought these AI tools were just glorified tax calculators. Did it actually tell you something your HR department or a financial advisor couldn't?

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I'm kinda skeptical tbh. What specific exceptions did it find? And how much does it cost to use? Seems like something you could just google.

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It definitely works for pension documents! It's not just a calculator - it actually reads and analyzes your specific documents with AI. It spotted an exception based on my specific pension plan provisions that neither HR nor the pamphlet they gave me had mentioned. The value was in how it translated the dense legal language in my pension termination documents into plain English and pointed out exactly where I needed to focus. It saved me from making a costly mistake with my distribution choice. The service is worth checking out if you're facing any kind of specialized tax document situation.

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Just wanted to follow up about my experience with taxr.ai. I was really skeptical (as you could see in my previous comment), but I gave it a shot with my pension documents. Gotta admit I was impressed! It identified that my specific plan termination qualified for special tax treatment under a provision I hadn't heard of, and it explained exactly how to report it correctly on my taxes. The analysis showed me that rolling over part of my distribution and taking part as cash actually made the most sense in my situation. Ended up saving me over $1,200 in penalties I would have unnecessarily paid. Really helpful for making sense of all the confusing tax implications.

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If you're trying to contact the IRS to ask about penalties on your pension distribution, good luck getting through! I spent HOURS on hold before finding Claimyr (https://claimyr.com) which got me connected to an actual IRS agent in under 15 minutes. There's a video showing how it works here: https://youtu.be/_kiP6q8DX5c - seriously, it was a game changer. The agent clarified exactly how my pension distribution would be taxed and whether exceptions applied to my situation.

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Wait how does this even work? I don't understand how a third party service can magically get you through to the IRS when their phone lines are constantly jammed.

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Sounds like BS honestly. The IRS is impossible to reach regardless of what service you use. They've been underfunded for years and nobody gets through. I'll believe it when I see it...

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It uses a sophisticated system that navigates the IRS phone tree and waits on hold for you. When an agent finally picks up, you get a call connecting you directly to them. It's not magic - it's just technology that waits on hold so you don't have to. I was super skeptical too, but it absolutely works. I was connected to an IRS representative in about 12 minutes when I had previously spent over 3 hours getting disconnected twice. The agent I spoke with answered all my questions about the pension distribution and penalty exceptions.

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OK I need to eat my words here. After my skeptical comment, I decided to try Claimyr since I've been trying to reach the IRS for WEEKS about my pension distribution questions. It actually worked!! Got connected to an IRS agent who confirmed that my pension distribution IS subject to the 10% penalty unless I qualify for one of the exceptions. The agent walked me through Form 5329 which is what you use to report early distributions and claim exceptions. Turns out in my case I might qualify for the "series of substantially equal payments" exception which could save me thousands. Never would have known this without actually talking to someone at the IRS. Seriously worth it after beating my head against the wall trying to get through on my own.

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I went through this last year. Make sure you check if your distribution qualifies for any of the exceptions to the 10% penalty. Some common ones are: - Made after age 59½ - Made to a beneficiary after your death - Made because you're totally and permanently disabled - Used for medical expenses exceeding 7.5% of AGI - Made as part of a SEPP (72t) distribution - Made after separation from service after age 55

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Thanks for this list! Do you know if these exceptions apply specifically to defined benefit pension plans being terminated? Or are these just the standard 401k/IRA exceptions?

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These exceptions generally apply to most qualified retirement plans including defined benefit pension plans. The rules are pretty similar across different retirement vehicles. The "separation from service after age 55" exception can be especially relevant in your situation if you left the company at 55 or later. Since you mentioned you're 43, this wouldn't apply to you, but the medical expense exception might if you have significant medical costs.

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What state are you in? Some states offer additional exceptions to the early withdrawal penalty that the federal government doesn't. Also, not all states tax retirement distributions the same way.

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Good point! I'm in Illinois and they don't tax retirement income at all, which was a pleasant surprise when I took a distribution from my pension.

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Based on my experience with a similar pension plan termination, I'd strongly recommend getting professional guidance before making your decision. The 10% early withdrawal penalty will likely apply at your age, but there might be ways to structure the distribution to minimize the tax hit. One thing to consider is whether you can do a partial rollover - take some cash for immediate needs and roll the rest into an IRA to continue growing tax-deferred. Also, make sure you understand exactly when the distribution will be processed, as this could affect which tax year it hits. The withholding they do upfront is often not enough to cover your total tax liability, especially if this pushes you into a higher tax bracket for the year. I'd recommend consulting with a tax professional who can run the numbers based on your specific situation before you make the final call.

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This is really solid advice! I'm curious about the partial rollover option you mentioned. How exactly does that work with a pension plan termination? Can you actually choose to roll over just part of the lump sum and take the rest as cash, or does it have to be an all-or-nothing decision? I'm in a similar situation and my HR department couldn't give me a clear answer on whether partial distributions are even allowed.

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Great question! The ability to do partial rollovers depends on your specific plan's termination provisions. Many plans do allow you to split the distribution - for example, you might be able to roll $10,000 into an IRA and take $8,500 as cash. However, some plans require an all-or-nothing election. You'll need to carefully review your plan's termination documents or Summary Plan Description (SPD) for the exact rules. If HR can't answer this definitively, ask them to connect you with the plan administrator or third-party administrator who handles the distributions. They should be able to tell you exactly what options are available. Keep in mind that even if partial distributions are allowed, you'll still face the 10% penalty on whatever portion you take as cash (assuming no exceptions apply). The tax withholding will also be calculated on the cash portion only.

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I went through a similar situation about two years ago when my company terminated our pension plan. At 43, you'll almost certainly face the 10% early withdrawal penalty on any amount you take as cash, plus regular income tax. Here's what I learned the hard way: the 20% federal withholding they do automatically is often not enough to cover your total tax liability, especially if this distribution bumps you into a higher tax bracket. In my case, I ended up owing an additional $2,800 at tax time beyond what was withheld. My advice would be to seriously consider the rollover option, even though $18,500 doesn't seem like a lot right now. That money could grow to over $75,000 by the time you retire if invested properly. If you absolutely need some cash now, see if your plan allows partial distributions - take what you need and roll the rest over. Also, make sure to ask HR for the specific plan documents that detail any exceptions or special provisions. Sometimes pension plan terminations have unique rules that differ from standard 401k early withdrawal rules.

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This is really helpful perspective from someone who actually went through it! The point about the 20% withholding not being enough is something I hadn't considered. Did you end up having to pay estimated taxes or penalties for underpayment when you filed? I'm trying to figure out if I should be making quarterly payments if I take the cash distribution this year. Also, when you say it could grow to $75,000 by retirement - are you assuming a specific rate of return? I'm just trying to weigh the immediate need for cash against the long-term growth potential. Thanks for sharing your experience!

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I didn't end up owing underpayment penalties because the withholding plus my regular payroll withholding covered at least 90% of my total tax liability for the year. But I did have to pay that extra $2,800 when I filed, which was a nasty surprise I wasn't prepared for. For the growth calculation, I was assuming about 7% average annual return over 22 years (until age 65). That's pretty conservative for a diversified portfolio. Even at 6%, you're still looking at around $60,000. The key is starting that compound growth as early as possible. If you do take the cash, I'd definitely recommend setting aside at least 35-40% for taxes and penalties (federal income tax + state + 10% penalty). Better to overestimate and get a refund than be caught short. You might want to consider making an estimated tax payment for Q4 if this distribution is happening late in the year.

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One thing that hasn't been mentioned yet is that if your company is terminating the pension plan, they might also be offering enhanced severance packages or early retirement incentives. If you're eligible for any kind of separation package that qualifies you for the "separation from service at age 55 or later" exception (even though you're 43), this could change the penalty calculation. Also, consider the timing of when you take the distribution. If you expect to be in a lower tax bracket next year (maybe due to job loss, reduced hours, or other life changes), it might make sense to delay the distribution until then. Some plan terminations give you a window of time to make your election rather than forcing an immediate decision. I'd definitely recommend getting a copy of the actual plan termination document - not just the HR summary - and having a tax professional review it. There might be special provisions or exceptions specific to your plan that could save you money. The $18,500 might not seem huge now, but when you add taxes and penalties, you could be looking at only keeping around $11,000-$12,000 of it.

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This is really excellent advice about checking for enhanced severance or early retirement packages! I hadn't thought about how those might affect the penalty situation. The timing point is crucial too - if there's flexibility in when to take the distribution, it could make a huge difference tax-wise. Do you know if there are typically standard timeframes that companies give employees to make this decision, or does it vary widely by plan? I'm wondering if there's usually enough time to properly analyze all the options and maybe even consult with a tax professional before the deadline hits. Also, your math on only keeping $11,000-$12,000 out of $18,500 really puts it in perspective. That's a pretty significant chunk going to taxes and penalties!

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The timeframes for making pension distribution elections typically range from 30-180 days after the plan termination notice, but this varies significantly by plan. Some give you as little as 30 days while others are more generous with 6 months or more. The key is to look for the "election period" or "distribution deadline" in your termination documents. Most plans are required to give you at least 30 days to decide, but many provide longer periods precisely because these are complex financial decisions. If you're feeling rushed, you can often request an extension or additional information from the plan administrator - they have a fiduciary duty to help you make an informed decision. Regarding the math breakdown on that $18,500: assuming you're in a 22% federal tax bracket plus state taxes (varies by state) plus the 10% early withdrawal penalty, you could indeed be looking at a 40-45% total tax hit. That's why the rollover option becomes so attractive - you keep the entire $18,500 working for you in a tax-advantaged account. One more tip: if you do decide to take some cash, consider timing it early in the tax year rather than late. This gives you more time to adjust your withholdings or make estimated payments to avoid surprises at tax time.

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This breakdown of timeframes and tax implications is incredibly helpful! I'm definitely leaning toward the rollover option now after seeing how much would actually go to taxes and penalties. One question about timing - you mentioned taking cash early in the tax year is better than late. Does this also apply to rollovers, or is the timing less critical when you're moving the money to an IRA? I'm trying to understand if there are any advantages to doing the rollover in January vs December from a tax perspective. Also, when you mention requesting extensions from the plan administrator, is this something that's commonly granted? I'd hate to ask for more time and have them deny it, especially if it makes me look indecisive about an important financial decision.

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Great question about rollover timing! For rollovers, timing is much less critical from a tax perspective since there's no immediate taxable event - the money moves directly from your pension to an IRA without creating a tax liability. However, there can still be some strategic considerations around timing. If you're doing a direct rollover (trustee-to-trustee transfer), it doesn't matter much whether it happens in January or December since no taxes are triggered. But if you're doing an indirect rollover (where you receive the check and then deposit it into an IRA within 60 days), timing could matter more because of the 20% withholding requirement and the need to complete the rollover quickly. Regarding extensions, they are commonly granted when you have legitimate reasons - like needing time to consult with a financial advisor or waiting for additional plan documents. Plan administrators are generally accommodating because they want to avoid fiduciary liability issues. Just be honest about why you need more time and most will work with you. The key is to request the extension before your deadline expires, not after. One thing I'd add to this discussion: make sure you understand whether your company is offering any matching or additional contributions if you choose the rollover option. Some plan terminations include enhanced benefits that make rollovers even more attractive.

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This is such valuable information about the different types of rollovers! I didn't realize there was a difference between direct and indirect rollovers, and that 20% withholding on indirect rollovers could complicate things. That definitely makes the direct rollover sound like the safer option. Your point about enhanced benefits during plan terminations is really intriguing - I haven't seen this mentioned anywhere else in this thread. What kind of enhanced benefits are we talking about? Like additional employer contributions on top of the pension value, or something else? This could really change the math on whether to roll over versus take cash. I'm also curious about something - if someone does choose the rollover option, are there typically restrictions on what type of IRA account you can roll into, or what investment options are available? I want to make sure I understand all the downstream implications before making this decision.

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I'm in a very similar situation - my company just announced pension plan termination and I'm 45. After reading through all these responses, I'm leaning heavily toward the rollover option, but I'm curious about something that hasn't been fully addressed yet. Has anyone dealt with the situation where you need to roll over to a new employer's 401k instead of an IRA? My new job has a 401k with limited investment options compared to what I could get with an IRA, but there might be some advantages to keeping everything in employer plans that I'm not aware of. Also, for those who mentioned getting professional tax advice - what type of professional did you use? CPA, fee-only financial planner, or someone else? I want to make sure I'm talking to someone who really understands pension distributions and not just general retirement planning. The stakes feel pretty high even though it's "only" $18,500, especially after seeing how much could go to taxes and penalties if I make the wrong choice.

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Great questions! Regarding rolling to a new employer's 401k vs an IRA, there are actually some pros and cons to consider. 401k plans often have better creditor protection than IRAs, and some have institutional-class funds with lower expense ratios. However, IRAs typically offer much more investment flexibility and you maintain full control. For professional advice, I'd recommend finding a CPA who specializes in retirement distributions or a CFP (Certified Financial Planner) with experience in pension rollovers. Make sure they understand the nuances of defined benefit plan terminations specifically - not all tax professionals are familiar with the special rules that can apply. You're absolutely right that the stakes are higher than the dollar amount suggests. Even though $18,500 might not seem huge, the difference between keeping it all working for you versus losing 40%+ to taxes and penalties is substantial over time. Plus, getting this decision right now helps you build experience for potentially larger distributions in the future. One thing to ask your new employer: do they allow in-service distributions or loans from their 401k? This could give you more flexibility later if you need access to some of the funds.

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Vince Eh

I've been following this discussion closely since I'm dealing with a similar pension plan termination at my company. One aspect that hasn't been fully explored is the impact of state taxes on your decision. Since you mentioned HR was vague about the penalty, I'd suggest getting the specific plan document language about early distribution penalties. Sometimes pension plans have slightly different rules than traditional 401k plans, especially around plan terminations. The "involuntary distribution due to plan termination" might have different treatment than a voluntary early withdrawal. Also, consider your overall tax situation for this year. If you've had other major income events (like selling investments, receiving bonuses, etc.), adding $18,500 in taxable income could push you into a higher bracket, making the rollover even more attractive. Conversely, if this has been a lower-income year for you, the tax hit might not be as severe. Have you considered splitting the difference? Some plans allow you to take a smaller amount as cash (maybe $5,000 for any immediate needs) and roll the remainder ($13,500) into an IRA. This gives you some liquidity while preserving most of the tax-advantaged growth potential.

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This is a really thoughtful analysis, especially the point about state taxes and how your overall income situation this year affects the decision. I hadn't considered that the "involuntary distribution due to plan termination" might have different penalty treatment than regular early withdrawals - that's definitely worth investigating further. Your suggestion about the partial distribution is smart too. Taking just enough cash to cover immediate needs while rolling over the bulk makes a lot of sense. It's kind of a middle ground that gives you some flexibility without taking the full tax hit on the entire amount. I'm curious though - when you mention getting the specific plan document language, did you find that your HR department was helpful in providing those details, or did you have to go directly to the plan administrator? I'm getting similar vague responses from my HR team and wondering if I need to escalate this request to get the detailed information I need to make an informed decision.

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I'm facing a very similar situation and this thread has been incredibly helpful! One thing I wanted to add that might be relevant - have you checked if your pension plan has any special provisions for "hardship distributions" that might avoid the 10% penalty? Some defined benefit plans include hardship exceptions that are broader than the standard IRA/401k rules, especially during plan terminations. These might include things like unexpected medical expenses, home repairs, or even job loss-related expenses that wouldn't normally qualify for penalty relief. Also, regarding the timing question that came up earlier - if your company is doing layoffs or offering voluntary separation packages alongside the pension termination, you might want to coordinate the timing of these events. Sometimes taking a separation package in the same tax year as the pension distribution can create additional deductions that help offset the tax impact. I'd definitely echo what others have said about getting the actual plan documents rather than relying on HR summaries. In my experience, HR departments often don't fully understand the tax implications and focus more on the administrative process. The plan administrator or the company that's handling the termination usually has much more detailed knowledge about the specific tax treatment and available options.

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This is a really excellent point about hardship distributions! I hadn't thought about the possibility that defined benefit plans might have broader hardship exceptions during terminations. That could be a game-changer for people who are facing unexpected expenses around the same time as their plan termination. Your suggestion about coordinating with separation packages is brilliant too. If someone is taking a voluntary buyout or severance, the additional deductions from job search expenses, COBRA payments, or even relocation costs could help offset some of the tax burden from the pension distribution. It's definitely worth running the numbers on different timing scenarios. I'm curious though - when you mention getting information from the company handling the termination rather than HR, are you talking about a third-party administrator? And have you found them to be more knowledgeable about the specific tax implications? I feel like I'm getting the runaround from multiple departments and want to make sure I'm talking to the right people who actually understand these rules.

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