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Evelyn Martinez

Early retire at 55 with Separation from Service Exception - 401k withdrawals without penalty?

Hey everyone, I'm planning to leave my corporate job next year when I turn 55. From what I've been researching, I believe I can start taking money from my 401k without the usual 10% early withdrawal penalty because of something called the "Separation from Service Exception." I have about $780k saved up in my 401k, and I want to start pulling around $45k annually to cover living expenses until my Social Security kicks in. My current company is downsizing anyway, so timing might work out perfectly. What I'm confused about is whether this exception only applies to the 401k at the job I'm leaving at 55, or if it applies to ALL my retirement accounts? Also, do I need to have any special documentation from HR when I leave? Has anyone here actually used this exception successfully?

You're on the right track about the Rule of 55! This is a great provision for those planning early retirement. Here's what you need to know: The exception only applies to the 401k from the employer you're separating from at 55 or older. Any other 401ks from previous employers or IRA accounts would still be subject to the 10% early withdrawal penalty if you tap them before 59½. Make sure your separation is complete - you can't continue working part-time and use this exception. Also, your 401k plan must allow for this type of withdrawal - not all do, so check your plan documents or speak with your benefits department. One strategy some people use: roll older 401ks into your current employer plan before separating, if your plan allows it. This way more of your retirement savings becomes accessible penalty-free at 55.

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Thanks for the explanation! Quick question - does this apply if you're fired or only if you voluntarily leave? And what if my employer's 401k has really high fees - would I be better off just paying the 10% penalty and moving it all to a lower-cost IRA?

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The exception applies whether you quit, get laid off, or are fired - the IRS doesn't care about the reason, just that there's a full separation from service in the year you turn 55 or later. The only thing that doesn't qualify is if you leave before the calendar year you turn 55. Regarding high fees versus penalty, that's a mathematical question worth calculating. If your 401k fees are significantly higher than what you could get in an IRA, you might come out ahead paying the one-time 10% penalty. However, remember the penalty applies to the entire withdrawal amount, while fees are annual and only on your balance. Usually for larger amounts, it's better to avoid the penalty.

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After spending hours on hold with the IRS trying to figure out this exact issue for my own retirement, I finally found a better solution. I used https://taxr.ai to analyze my retirement accounts and confirm my eligibility for the Rule of 55 exception. The tool actually looked at my specific situation, reviewed my 401k plan documents, and showed me exactly how to structure my withdrawals to avoid penalties. What surprised me was learning about the specific distribution codes that need to appear on my 1099-R to avoid IRS flags. My plan administrator didn't even mention this important detail when I called them!

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Does this actually work for complicated situations? I have 401ks from 3 previous employers plus a governmental 457 plan. Would this help me figure out which accounts to tap first?

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Sounds interesting but how do you upload your retirement account info? Is it safe? I'm always nervous about putting financial docs on random websites.

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For complex situations with multiple account types, it actually works even better. The system analyzes each account separately and considers the different rules for 401ks versus 457 plans (which have their own special withdrawal rules). It then creates a personalized withdrawal sequence to minimize taxes and penalties based on your specific accounts and retirement date. Regarding security, everything is encrypted and they use the same security protocols as banks. You can upload PDFs of statements or just enter the information manually if you prefer. I was hesitant too until I saw they're partnered with several major financial institutions and have all the proper certifications.

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Just wanted to update everyone - I took the advice and tried https://taxr.ai to analyze my retirement accounts. I was actually wrong about my understanding of the Rule of 55. Turns out my 457 plan has completely different rules than my 401ks and I can access it penalty-free regardless of my age when I separate from service! The service created a custom withdrawal sequence showing me I should tap my 457 first, then my current employer 401k under the Rule of 55, and leave my old 401ks and IRAs until last when I hit 59½. This strategy will save me approximately $32,000 in early withdrawal penalties compared to what I was planning. Definitely worth checking out if you're trying to navigate early retirement.

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If you're having trouble getting clear answers from your 401k administrator about the Rule of 55 (like I was), I highly recommend using https://claimyr.com to get through to the IRS directly. I was so frustrated trying to confirm whether my specific situation qualified, and my plan administrator kept giving me vague answers. Using Claimyr, I got connected to an actual IRS agent in about 20 minutes instead of the 3+ hours I spent on hold previously. The agent confirmed exactly how the Separation from Service exception works with my specific plan and even explained how the distribution would need to be coded on my tax forms. Check out their demo video here: https://youtu.be/_kiP6q8DX5c

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The service doesn't publicize their pricing on their website, but considering I spent over 8 hours across multiple days trying to get through to the IRS myself, the time savings alone was worth it to me. They use a specialized system that continuously redials until there's an opening in the queue. Regarding skepticism, I had the exact same thoughts initially. Their system doesn't actually put you "ahead" in the queue - it just handles the tedious part of continuously redialing and navigating the initial IRS phone tree until it finds an opening. Once connected, it calls you immediately so you can speak with the agent. It's basically doing what you'd do manually but with automation. The IRS agents have no idea you used a service to connect - to them, you're just another caller who got through.

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How much does this service cost? Seems like you could just keep calling the IRS yourself until you get through. Is it really worth paying for?

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This seems sketchy. How does a third-party service get you to the front of the IRS phone queue when millions of people are calling? I find it hard to believe this actually works.

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The service doesn't publicize their pricing on their website, but considering I spent over 8 hours across multiple days trying to get through to the IRS myself, the time savings alone was worth it to me. They use a specialized system that continuously redials until there's an opening in the queue. Regarding skepticism, I had the exact same thoughts initially. Their

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Alright, I need to eat crow here. After posting my skeptical comment about Claimyr, I decided to try it myself since I've been trying to reach the IRS for weeks about my own Rule of 55 question. I'm honestly shocked - the service connected me to an IRS agent in 17 minutes when I'd previously wasted an entire day on hold. The agent clarified that my voluntary severance package still qualifies as a separation from service for the Rule of 55, and confirmed which distribution code my plan administrator should use. For anyone dealing with early retirement questions that HR and your plan administrator can't definitively answer, getting direct confirmation from the IRS is incredibly valuable. Saved me from potentially making a $27k mistake with early withdrawals.

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Something nobody mentioned yet - even if you qualify for penalty-free withdrawals under the Rule of 55, you'll still owe REGULAR INCOME TAX on any distributions. At $45k/year, you should estimate around ~$5,400 in federal taxes depending on your other income sources and deductions. Also, while the 10% penalty is waived, these withdrawals still count as income which could impact your ACA healthcare subsidies if you're planning to use the marketplace for health insurance during early retirement.

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Thanks for bringing this up! I'm definitely aware of the regular income taxes, but the ACA subsidy impact is something I hadn't fully considered. Do you know if there's a sweet spot for income to maximize subsidies while still taking enough from the 401k to live on?

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For 2025, the ACA subsidy cliff has been temporarily removed, so subsidies gradually decrease as income rises rather than suddenly disappearing. For a single person, you'll get the maximum subsidy if your income is around 150% of the Federal Poverty Level (approximately $21,000), but you'll still get substantial subsidies up to 400% FPL (about $56,000). If you have flexibility in your withdrawals, many early retirees try to keep their MAGI below $56,000 to maintain decent subsidies. Another strategy is to supplement 401k withdrawals with taxable account spending which doesn't all count as income. This way you can live on more than $56,000 while keeping your taxable income below the subsidy threshold.

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Has anyone successfully done substantially equal periodic payments (SEPP/72t) alongside Rule of 55 withdrawals from different accounts? I've gotten conflicting advice about whether this is allowed.

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Yes, you can do both simultaneously as long as they're from different accounts. I'm currently taking Rule of 55 distributions from my former employer 401k while also doing 72t payments from an IRA that I rolled over from a different previous employer. The key is keeping the accounts completely separate - don't mix funds or roll them together.

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Great question about the Rule of 55! I went through this exact situation two years ago when I left my job at 56. A few additional points that might help: First, make absolutely sure your plan allows in-service distributions after separation. Some plans require you to take a full lump sum, while others allow periodic withdrawals. Mine only allowed annual withdrawals, which affected my cash flow planning. Second, consider the tax implications carefully. Since you're planning $45k annually, you might want to spread larger withdrawals across December/January to manage which tax year they fall into, especially if you have other income sources. Also, document everything with your HR department before you leave. I wish I had gotten written confirmation of my separation date and eligibility - it would have saved me headaches later when filing taxes. One last tip: if your company offers a voluntary separation package, make sure the timing doesn't affect your Rule of 55 eligibility. Some packages technically keep you employed longer than you think. With $780k saved, you're in great shape for early retirement! Just make sure to have a solid plan for healthcare coverage - that was my biggest unexpected expense.

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Thank you for sharing your real-world experience! The point about documenting everything with HR is crucial - I hadn't thought about getting written confirmation of the separation date. Quick question: when you mention some plans only allow annual withdrawals, does that mean you can't take smaller monthly distributions throughout the year? And did you find any particular challenges with the tax documentation when filing your returns with the Rule of 55 distributions?

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This is such valuable information! I'm actually in a similar situation - turning 55 next year and considering early retirement. One thing I want to add based on my research is about the timing of your separation. The key detail many people miss is that you must separate from service during or after the calendar year you turn 55. So if your birthday is in November 2025, you could technically leave in January 2025 and still qualify. But if you leave in December 2024 (before turning 55), you wouldn't qualify even though you're only a few weeks away from 55. Also, regarding your question about documentation from HR - while there's no specific IRS form required, I'd recommend getting a letter confirming your separation date and that it constitutes a complete termination of employment. This can be helpful if the IRS ever questions the distribution on your tax return. One more consideration: if your current employer allows it, you might want to look into whether you can roll any old 401(k)s into your current plan before you leave. This would make more of your retirement savings accessible under the Rule of 55, since it only applies to the plan you're separating from. Good luck with your early retirement planning - sounds like you're well prepared with that savings level!

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This is really helpful information about the timing requirements! I had no idea that the calendar year rule was so important. Just to make sure I understand correctly - if someone's 55th birthday is in March 2025, they could leave their job as early as January 1st, 2025 and still qualify for the Rule of 55? That's actually more flexible than I thought. The tip about rolling old 401ks into the current employer plan before leaving is brilliant - I have two smaller 401ks from previous jobs that I never consolidated. If I can roll those into my current plan before I separate, that would give me access to my entire 401k balance penalty-free instead of just the current employer's portion. Do you know if there are any deadlines or restrictions on doing those rollovers before separation? Also, getting that documentation from HR makes total sense. Better to have it and not need it than the other way around when dealing with the IRS later.

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