Rule of 55 vs. 72(t): Retirement Plan Withdrawals

The 72(t) rule allows early withdrawals from retirement accounts without the typical 10% penalty, provided distributions follow a Substantially Equal Periodic Payments (SEPP) schedule. This method is often used by those seeking income before reaching age 59 ½, but it requires strict adherence to IRS guidelines to avoid penalties. An alternative, the Rule of 55, applies specifically to 401(k) plans, allowing penalty-free withdrawals if an individual leaves their job in the year they turn 55 or later. There are some important differences to keep in mind when comparing the Rule of 55 vs. Rule 72(t), which can help you determine the most suitable strategy for accessing retirement funds early.

For more help managing your retirement plan withdrawals, consider working with a financial advisor.

What Is the Rule of 55?

The Rule of 55 is an IRS rule that allows you to take penalty-free distributions from your workplace retirement plan once you reach age 55, as long as you’ve left your job. So if you decide you want to retire at 55, you could take money out of your 401(k) without having to worry about the 10% early withdrawal penalty that normally applies to distributions made before age 59 ½.

There are a few stipulations that apply if you’re interested in using the Rule of 55 to tap into your workplace plan early.

You must separate from your job in or after the year you turn 55, whether through retirement, resignation or termination.
You can’t roll the money in your plan over to an IRA before making withdrawals.
You can only apply the rule to the plan for your most recent employer; it can’t be applied retroactively to other 401(k) plans you might have with previous employers.
You’ll be subject to a 20% income tax withholding on distributions.

Additionally, your plan has to allow you to use the Rule of 55 to take money out early. Not all 401(k) plans or 403(b) plans give employees this option.

What Is Rule 72(t)?

Rule 72(t) isn’t a rule, per se. Instead, it refers to a section of the IRS tax code that deals with early distributions from tax-advantaged plans. Under Section 72(t), taxpayers are allowed to take penalty-free withdrawals from an IRA, 401(k) or 403(b) when they’re made using substantially equal periodic payments (SEPPs).

To qualify for penalty-free withdrawals, payments must continue for at least five years or until age 59 ½, whichever is later. The IRS allows you to choose from one of three calculation methods for determining your substantially equal periodic payments (SEPP): the required minimum distribution (RMD) method, the amortization method and the annuitization method

SEPP Calculation Methods

The RMD method generally yields the lowest amount that can be withdrawn from an IRA or workplace plan. It calculates withdrawals by dividing the account balance by a life expectancy factor from IRS tables, typically yielding the lowest payout. For example, a 50-year-old with a $500,000 IRA using the RMD method (and single life expectancy) might start with annual withdrawals of around $14,000, recalculated each year based on account balance and life expectancy.

The amortization method determines fixed payments by amortizing the account balance over a set life expectancy using a chosen interest rate, generally resulting in higher withdrawals than the RMD method. The same person using the amortization method with a 5% interest rate could receive just over $30,000 annually, fixed over their life expectancy.

The annuitization method provides a middle ground. This method applies an annuity factor based on life expectancy and an IRS-approved interest rate to produce a consistent payout, usually falling between the RMD and amortization methods.

Rule of 55 vs. Rule 72(t): Which Is Better?

Whether it makes sense to use the Rule of 55 vs. Rule 72(t) can depend on what type of retirement accounts you have and your reasons for taking early withdrawals. If you’ve been saving consistently in your 401(k) and you’d like to retire early, then the Rule of 55 could allow you to do that without having to pay a 10% early withdrawal penalty. You would, however, still owe income tax on those distributions.

Section 72(t) also allows you to take money from an IRA or qualified workplace plans early, though you have less control over the amount you can withdraw. While the Rule of 55 would allow you to take money from your 401(k) in any amount, you’d have to use one of the three IRS-approved calculation methods to determine what you could withdraw under Rule 72(t).

You’re also obligated to take those payments continuously for five years or until you turn 59 ½, whichever occurs later. With the Rule of 55, you can take a distribution at 55 and then pause withdrawals until a later age, such as 60. Of course, the catch is that this rule only applies to workplace plans. You wouldn’t be able to use the Rule of 55 for an IRA.

Alternatives to the Rule of 55 and Rule 72(t)

If you don’t necessarily need to withdraw money from your 401(k) early but you decide to leave your employer, you have some other options. For example, you could:

Leave the money in your former employer’s plan until you need to withdraw it.
Roll it over to your new employer’s retirement plan if you’re changing jobs.
Roll it over to an IRA.

Any of these scenarios would allow you to sidestep a 10% early withdrawal penalty. You’d also continue to benefit from earning compound interest by leaving the money invested rather than withdrawing it.

If you have an IRA and need to take a distribution, the IRS does provide some exceptions to the 10% early withdrawal rule, apart from Rule 72(t). For instance, you could avoid the penalty if you’re withdrawing money to:

Purchase a first home (withdrawals are limited to $10,000)
Pay health insurance premiums while unemployed
Cover expenses because you’ve become totally and permanently disabled
Pay qualified higher education expenses
Pay for eligible unreimbursed medical expenses

You can also avoid the penalty if you’re a qualified reservist who is called to active duty.

Considering all of the options for withdrawing money from a 401(k) or IRA can help you find the most tax-efficient solution. Keep in mind that if you have a 401(k) loan in place at the time you leave your job, the balance would be due in full. Otherwise, the total amount would be treated as a taxable distribution and a 10% penalty may also apply.

Bottom Line

Understanding the tax implications of using the Rule of 55 or Rule 72(t) can help in retirement planning. If you can wait until age 59 ½ to withdraw money from your retirement accounts you can eliminate the 10% early withdrawal penalty altogether. If early withdrawals are necessary, strategic planning may reduce the tax burden.

Retirement Planning Tips

Consider talking to a financial advisor about the best way to handle early withdrawals from a 401(k) or IRA and how that might affect your tax situation. Finding a financial advisor doesn’t have to be hard. SmartAsset’s free tool matches you with up to three financial advisors who serve your area, and you can have a free introductory call with your advisor matches to decide which one you feel is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.
If you’re thinking about rolling over money from a 401(k) to an IRA, be sure to ask if a direct rollover is an option. With this type of rollover, your plan administrator handles the transfer of funds from your 401(k) to your IRA for you. The IRS requires rollover funds to be deposited into the new account within 60 days. Having someone else do this for you means you don’t have to worry about missing the IRS window, which could result in a tax penalty.