What is Rule of 55 exemption?

Asked by: Lacy Emmerich  |  Last update: February 18, 2026
Score: 4.4/5 (55 votes)

What Is the Rule of 55? Under the terms of this rule, you can withdraw funds from your current job's 401(k) or 403(b) plan with no 10% tax penalty if you leave that job in or after the year you turn 55. (Qualified public safety workers can start even earlier, at 50.)

How does the rule of 55 work?

This is where the rule of 55 comes in. If you turn 55 (or older) during the calendar year you lose or leave your job, you can begin taking distributions from your 401(k) without paying the early withdrawal penalty. However, you must still pay taxes on your withdrawals.

How do I know if I qualify for 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 take early retirement 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.

At what age can you withdraw your 401k without paying taxes?

401(k) Tax Basics

There's no way to take a distribution from a 401(k) without owing income taxes at the rate you're paying the year you take the distribution. Except in special cases, you can't take a distribution from your 401(k) at all until you've reached age 59.5.

The Rule of 55 Explained

23 related questions found

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.

Do you pay taxes on 401k after 55?

However, the IRS rule of 55 may allow you to receive a distribution in the year you reach age 55 or later (and before age 59½) without triggering the early penalty if your plan provides for such distributions. Any distribution would still be subject to an income tax withholding rate of 20 percent, however.

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.

Can I retire at 55 and get Social Security?

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.

At what age is IRA withdrawal tax free?

If you're at least age 59½ and your Roth IRA has been open for at least five years, you can withdraw money tax- and penalty-free. See Roth IRA withdrawal rules.

Can I retire at 55 with no money?

Retiring with little to no money saved is not impossible, but it can present some challenges to your financial plan. Depending on where you're starting from, you may need to delay Social Security benefits, work longer, or drastically reduce expenses to retire with no money saved.

Can you go back to work after the rule of 55?

Work: You must leave your job to start taking withdrawals but you can return to work later. You aren't locked into retiring forever. Retirement Account: You can only withdraw funds from your most recent 401(k) or 403(b) account for the rule of 55 to work.

What is the Federal Rule 55?

Default. (a) Entry . When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default.

Can my employer deny the rule of 55?

While employers can allow early distributions (IRS speak for withdrawals) to the departing 55-year-old employees, they are not obligated to do so. So, asking your company's 401(k) plan administrator is crucial if early withdrawals are allowed.

How much should I have in my 401k at 55?

By age 40, you should have three times your annual salary already saved. By age 50, you should have six times your salary in an account. By age 60, you should have eight times your salary working for you. By age 67, your total savings total goal is 10 times the amount of your current annual salary.

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.

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.

How to get $3000 a month in Social Security?

Exactly how much in earnings do you need to get a $3,000 benefit? Well, you just need to have averaged about 70% of the taxable maximum. In our example case, that means that your earnings in 1983 were about $22,000 and increased every year to where they ended at about $100,000 at age 62.

Can two wives collect Social Security from one husband?

Each survivor benefit can be up to 100% of your benefit. The amount may be reduced if the women start benefits before their own full retirement age, but they don't have to share — the amount isn't reduced because you've had more than one spouse.

What is the 5 year rule for Social Security?

The Social Security 5-year rule refers specifically to disability benefits. It requires that you must have worked five out of the last ten years immediately before your disability onset to qualify for Social Security Disability Insurance (SSDI).

How much does a married couple need to retire at 55?

It's recommended that most couples save at least seven to eight times their combined annual income to retire comfortably.

What happens when you turn 55?

First, there's the Rule of 55. This IRS rule says that if you get fired, laid off or quit your job in the year that you turn 55, you can withdraw money from your current 401(k) or 403(b) without a penalty.

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.