Skip to main content
April 10, 2024
Question

Rule 55

  • April 10, 2024
  • 2 replies
  • 0 views

Hello,

I was laid off from my job in 2020 when I was 54. I have not contributed to my previous employer's 401k since. Would rule 55 apply to me if I took a distribution in 2023 after being laid off a second time from a different employer?

Thanks,

    2 replies

    DMarkM1
    April 10, 2024

    Yes, the "Rule of 55" as an exception to the 10% early withdrawal penalty would apply to any distribution that happened after you reached age 55 from a qualified plan with a former employer.  Here is an IRS topic with more information.   The distribution is taxable income.  

    **Say "Thanks" by clicking the thumb icon in a post**Mark the post that answers your question by clicking on "Mark as Best Answer"
    April 10, 2024

    Thanks for the reply DMarkM1

    Employee
    April 10, 2024

    Being laid off by a different employer does not qualify you to use the age-55 exception for distributions from the 401(k) at the first employer.

    April 10, 2024

    Thanks for the reply dmertz.