The Rule Of 55

Shawn Plummer

CEO, The Annuity Expert

What is the Rule of 55?

The Rule of 55 allows individuals who leave their job in the calendar year they turn 55 or later to withdraw funds from their 401k or 403b plans without incurring the 10% early withdrawal penalty. Normally, withdrawals before age 59½ are subject to this penalty.

Rule Of 55 401K

Guidelines for the Rule of 55

  1. Age Requirement: You must be 55 or older in the year you leave your job.
  2. Employment Termination: The rule only applies to funds in the plan of your most recent employer.
  3. Plan Specific: Not all plans allow for this, so check with your plan administrator.
  4. Taxation: Withdrawals are still subject to regular income tax.

Alternatives to the Rule of 55

1. 72(t) Distributions

72(t) distributions are a series of substantially equal periodic payments (SEPPs) from your retirement accounts.

  • Age-Independent: Can be used at any age.
  • Commitment: Once started, SEPPs must continue for 5 years or until you reach 59½, whichever is longer.
  • Calculation Methods: Three IRS-approved methods for calculating SEPPs: Required Minimum Distribution, Fixed Amortization, and Fixed Annuitization.
  • Flexibility: Offers more flexible access to your retirement funds, but requires strict adherence to the rules.

2. Roth IRA Conversion

Converting funds from a 401k or 403b to a Roth IRA:

  • Five-Year Rule: Withdrawals of converted amounts are penalty-free if the Roth IRA has been open for five years.
  • Taxes: Taxes must be paid on converted amounts, but future withdrawals may be tax-free.

3. Other Retirement Accounts

If you have other retirement accounts (e.g., IRAs), you might be able to use them for income:

  • Age Restrictions: 59½ is generally the age at which you can start withdrawing without penalties.


The Rule of 55 offers a way to access funds early from 401k or 403b plans, but it’s important to understand the guidelines and consider alternatives like 72(t) distributions or Roth IRA conversions. Each option has its benefits and limitations, and the right choice depends on individual circumstances.

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The 55 Rule For 401K

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Frequently Asked Questions

What is the 55 rule for 401k?

The 55 rule for 401k is a provision that allows individuals at least 55 years old and has retired or left their job to withdraw money from their 401k plan without incurring the 10% penalty for early withdrawal.

Who is eligible for the 55 rule for 401k?

Individuals at least 55 years old and have retired or left their job are eligible for the 55 rule for 401k.

What are the benefits of the 55 rule for 401k?

The benefits of the 55 rule for 401k include access to funds, flexibility, and tax savings.

What are the limitations of the 55 rule for 401k?

The limitations of the 55 rule for 401k include age restrictions, income restrictions, and the impact on retirement savings.

Shawn Plummer

CEO, The Annuity Expert

Shawn Plummer is a licensed financial professional, insurance agent, and annuity broker with over 14 years of first-hand experience with annuities and insurance. Since beginning his journey in 2009, he has been pivotal in selling and educating about annuities and insurance products. Still, he has also played an instrumental role in training financial advisors for a prestigious Fortune Global 500 insurance company, Allianz. His insights and expertise have made him a sought-after voice in the industry, leading to features in renowned publications such as Time Magazine, Bloomberg, Entrepreneur, Yahoo! Finance, MSN, SmartAsset, The Simple Dollar, U.S. News and World Report, Women’s Health Magazine, and many more. Shawn’s driving ambition? To simplify retirement planning, he ensures his clients understand their choices and secure the best insurance coverage at unbeatable rates.

The Annuity Expert is an independent online insurance agency servicing consumers across the United States. The goal is to help you take the guesswork out of retirement planning and find the best insurance coverage at the cheapest rates

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