The rule of 55 can assist workers with an employer-sponsored retirement plan, such as a 401(k), who want to retire early or require access to the assets if they lose their job after their career. Moreover, it might be a lifeline for employees who need cash flow and have no other viable options. This article details how the rule of 55 works and whether you should consider utilizing it.
List of Contents
What Exactly Is the Rule of 55?
The rule of 55 is an Internal Revenue Service (IRS) guideline that permits workers aged 55 or older to withdraw funds from their employer-sponsored retirement plans without penalty. Effectively, this law permits older people who leave their jobs to access their retirement assets early without incurring a 10% early withdrawal penalty. The rule of 55 specifically applies to occupational plans, such as 401(k) and 403(b). Not applicable to individual retirement accounts (IRAs).
In addition, the purpose of workplace retirement programs is to help employees save for their golden years. Typically, withdrawals before age 59 and 12 are subject to a 10% early withdrawal penalty. The rule of 55 is one exception that allows this rule to be disregarded. IRS regulations permit employees to withdraw funds from their 401(k) or 403(b) plan without incurring a penalty if both of the following are true:
- Withdrawals occur in the year of the employee’s 55th birthday or later.
- Withdrawals occur upon separation from an employer.
For instance, your firm chooses to downsize and terminates your employment shortly after your 55th birthday. The 55-year-old rule permits you to withdraw funds from your 401(k) or 403(b) without incurring the 10% early withdrawal penalty.
Working Principles of the Rule of 55
If you have a 401(k) or 403(b) plan from your employer, you may be aware of the 10% early withdrawal penalty. Those aged 55 to 59, who are not yet retired, are an exception to this rule. 1/2. The age of 55 determines when and how to access your retirement funds. The IRS rule of 55 allows you to withdraw money from your 401(k) or 403(b) plan without penalty if you are between 55 and 59 and a half and are laid off, dismissed, or resigned from your employment. It applies to employees who quit their positions in the year of their 55th birthday or later.
The Examples of the Rule of 55
Assume you are 57 years old, and you lose your job. Now that you are unemployed, you may need to withdraw from your 401(k) account. If you were under 55, you would be required to pay a 10% penalty. Nevertheless, following the rule of 55, you can withdraw distributions tax-free if payments from your employer-sponsored retirement savings account were paid to you after you resigned from service with your employer and after the year you turned 55.
Additionally, the regulation does not apply to prior workplace retirement programs, such as 401(k) and 403(b) (b). You must wait until age 59 and a half to remove funds from these accounts without incurring a 10% penalty. Nevertheless, there is a technique to employ if you know you will be quitting your work. You can access plans from prior jobs without incurring a penalty if you roll them into your current 401(k) or 403(b) (b). Once this is accomplished, you can leave your current work before age 59 and a half and take the money utilizing the rule of 55.
Additionally, the rule of 55 does not apply to individual retirement funds (IRAs). If you resign and roll over your 401(k) into an IRA, you cannot receive penalty-free withdrawals until age 59 and a half. (Unless you withdraw funds due to disability, you can use the funds for school expenditures or use the funds to purchase a house, or another exemption).
The Rule of 55 vs. a 401(k) Loan
The rule of 55 only applies when an employee leaves their employer. If you are still employed by the firm that owns your 401(k), you cannot use it. However, you might take out a 401(k) loan if your plan permits it. The IRS permits employees to borrow up to $50,000 or 50% of their vested account amount, whichever is less. This money is normally repaid over five years through wage deferrals at a modest interest rate. Depending on the plan, you may continue contributing to your 401(k) throughout this period.
The drawback is that any leftover debt on the loan becomes due immediately if you quit your company. If you cannot repay the loan in full, the whole amount becomes a taxable distribution. This means that you would face income tax on the amount you borrowed and the 10% early withdrawal penalty if you are under age and a half.
An Alternative to the Rule of 55
The rule of 55 can be employed to schedule early withdrawals from 401(k) or 403(b). However, it is not the only way to avoid the 10% early withdrawal penalty. You may also withdraw funds from a workplace retirement plan before and a half years of age through substantially equal monthly installments (SEPPs). This approach is outlined in IRS regulation 72 (t). The regulation permits employees to receive a series of payments from their retirement plan for five consecutive years before age and a half. Your expected lifespan determines these payments. They can be withdrawn annually or monthly, with no 10% early withdrawal penalty.
Suppose you wish to access your retirement assets early but do not anticipate quitting your employment. If you turn 55 or later, Substantially Equal Periodic Payments (SEPPs) may be beneficial. You do not have to wait until age 55 to get these benefits, so greater freedom exists. However, remember that early withdrawals from your 401(k) or 403(b) plan reduce your account’s potential for future development.
Conclusion
To conclude, the rule of 55 might reduce the financial burden of early retirement by allowing you to access your 401(k) without incurring early withdrawal penalties. Whether you take advantage of this law depends on whether you intend to work again and how much you have saved and invested for retirement outside of your employer’s plan. Nevertheless, creating a diversified portfolio consisting of a 401(k), an IRA, and a brokerage account can help you handle the numerous tax consequences of early retirement.
Frequently Asked Questions
When did people begin to use the Rule of 55?
The rule of 55 was adopted in 1988 as part of the Technical and Miscellaneous Revenue Act of 1988, which amended the 1968 Internal Revenue Code.
What is the maximum amount I may withdraw using the Rule of 55?
If you are 55 or older and were laid off, terminated, or resigned, you can withdraw penalty-free payments from your most recent employer-sponsored 401(k) or 403(b). The maximum amount you may withdraw from your 401(k) or 403(b) account is restricted to your pay multiplied by the number established for that tax year.
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Read more: Retirement Planning
Source: The Balance