FAQ - ANSWER

What distributions from a 401k are not subject to the 10% early withdrawal penalty?

Answer: There are only a couple of situations where the IRS will waive the 10% early withdrawal penalty.

• Payments up to the amount of your deductible medical expenses
• There is a Qualified domestic Relations Order (QDRO) from the courts that mandate funds from your account go to a former spouse, child, or dependent.
• You have separated from service and were at least 55 years of age when you did so (or separated from service in the year in which you turned 55).
• You have elect a Section 72(t) distribution.
• You are totally disabled. (The key to the disability exception seems to lie in the permanence of the condition, not the severity. Therefore, to claim this exemption you have to furnish not only information proving that you are totally disabled, but also information on the permanence of the disability.)
• You have died and your beneficiary gets the money.
• You have made contributions under special automatic enrollment rules that are withdrawn pursuant to your request within 90 days of enrollment.