Can I use the rule of 55 and still work?

Asked by: Jaylin Osinski  |  Last update: October 10, 2025
Score: 4.9/5 (20 votes)

You must leave your job the calendar year you turn 55 or later. The rule of 55 doesn't apply if you left your job at, say, age 53. You can't start taking distributions from your 401(k) and avoid the early withdrawal penalty once you reach 55. However, you can apply the IRS rule of 55 if you're older and leave your job.

Can I use the rule of 55 and go back to work?

Regarding your specific question, yes, you can begin receiving Rule of 55 distributions from your ``just ended'' employer and then begin new employment elsewhere.

Can my employer deny the rule of 55?

In addition, note that employers are not obliged to allow early withdrawals. If they do allow them, they may require that the entire amount be taken out in one lump-sum withdrawal. This could expose you to a higher income tax. This rule applies to current – not former – 401(k) or 403(b) plans.

Can you retire at 55 and still work?

You can get Social Security retirement benefits and work at the same time before your full retirement age. However, your benefits will be reduced if you earn more than the yearly earnings limits.

Can workers 55 and older access 401k funds without penalty if they are laid off fired or quit?

Workers 55 and older can access 401(k) funds without penalty if they part ways with their employer, whether they're laid off, fired, or quit. Unemployed individuals can receive substantially equal periodic payments (SEPP) from a 401(k).

The Rule of 55 Explained

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What are the pitfalls of the rule of 55?

The IRS rule of 55 recognizes you might leave or lose your job before you reach age 59½. If that happens, you might need to begin taking distributions from your 401(k). Unfortunately, there's usually a 10% penalty—on top of the taxes you owe—when you withdraw money early.

How do I avoid 20% tax on my 401k withdrawal?

Deferring Social Security payments, rolling over old 401(k)s, setting up IRAs to avoid the mandatory 20% federal income tax, and keeping your capital gains taxes low are among the best strategies for reducing taxes on your 401(k) withdrawal.

Can I stop working at 55 and collect Social Security?

You can stop working before your full retirement age and receive reduced benefits. The earliest age you can start receiving retirement benefits is age 62. If you file for benefits when you reach full retirement age, you will receive full retirement benefits.

What is the rule of 55 lump sum?

Starting at age 55 (age 50 for state public safety employees) you can take a penalty-free lump-sum distribution from a previous employer's 401(k) plan up to the total vested account balance.

What is the loophole to retire at 55?

The rule of 55 is a loophole that allows for early withdrawals from workplace retirement accounts. You must be 55 or older in the year you leave your job (for any reason) to qualify for early withdrawals from a 401(k) or 403(b).

Can I cash out my 401k while still employed?

Cashing Out Your 401k while Still Employed

You could elect to suspend payroll deductions but would lose the pre-tax benefits and any employer matches. In some cases, if your employer allows, you can make an in-service withdrawal if you've reached the age of 59 ½. Such funds can be used to cover a qualifying hardship.

How do I know if I qualify for the rule of 55?

The rule of 55 applies to you if: You leave your job in the calendar year that you will turn 55 or later (or the year you will turn 50 if you are a public safety worker such as a police officer or an air traffic controller). You can leave for any reason, including because you were fired, you were laid off, or you quit.

Can I withdraw from my TSP at 55 without penalty?

If you leave the federal government at age 55 or older, you can withdraw from your TSP without fear of a penalty—as long as you retire immediately.

What happens if I retire and keep working?

You can get Social Security retirement benefits and work at the same time. However, if you are younger than full retirement age and make more than the yearly earnings limit, we will reduce your benefits. Starting with the month you reach full retirement age, we will not reduce your benefits no matter how much you earn.

How to retire at 55 with no money?

Your options include:
  1. Contributing to a 401(k) at work.
  2. Opening a traditional or Roth individual retirement account (IRA)
  3. Investing through a taxable brokerage account.
  4. Purchasing real estate as an investment property.
  5. Buying an annuity to get a regular income stream.

When my husband dies, do I get his Social Security and mine?

If your spouse dies, do you get both Social Security benefits? You cannot claim your deceased spouse's benefits in addition to your own retirement benefits. Social Security only will pay one—survivor or retirement. If you qualify for both survivor and retirement benefits, you will receive whichever amount is higher.

How do I get the $16728 Social Security bonus?

Have you heard about the Social Security $16,728 yearly bonus? There's really no “bonus” that retirees can collect. The Social Security Administration (SSA) uses a specific formula based on your lifetime earnings to determine your benefit amount.

Is it better to collect Social Security at 62 or 67?

You can start receiving your Social Security retirement benefits as early as age 62. However, you are entitled to full benefits only when you reach your full retirement age. If you delay taking your benefits from your full retirement age up to age 70, your benefit amount will increase.

What are the three ways you can lose your Social Security?

Indeed, here are three ways you can lose at least part of your Social Security benefit.
  • No. 1: Keep working while taking benefits early. ...
  • No. 2: Be a substantially lower-earning spouse. ...
  • No. 3: Be alive in 2034. ...
  • Social Security still provides an important foundation for retirement.

How do I claim the rule of 55?

What is the rule of 55, and how does it work?
  1. You must retire, get laid off, or quit during the year you turn 55 or after.
  2. Public safety employees such as police officers, EMTs, and firefighters can start to take money from their accounts in the calendar year of their 50th birthday.

Is a Roth IRA better than a 401k?

Unlike a traditional IRA or a traditional 401(k), the Roth IRA is one of the few tax-advantaged accounts that allows you to withdraw the money you've contributed at any time for any reason without paying taxes or penalties.

What is the rule of 55 for the IRS?

The rule of 55 is an IRS provision that allows workers who leave their job for any reason to start taking penalty-free distributions from their current employer's retirement plan in or after the year they reach age 55.