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What Is the Rule of 55?

Oct 15, 2026 | Rory Banks


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The rule of 55 lets you take money from your employer’s 401(k) without the 10% early-withdrawal penalty if you leave that job in or after the year you turn 55. Here’s how the timing works, what it doesn’t cover, and how a rollover can end it.

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The short answer

If you leave your job in or after the calendar year you turn 55, you can take withdrawals from that employer’s 401(k) without the usual 10% early-withdrawal penalty. Income tax still applies.

The timing goes by calendar year

The rule looks at the year you turn 55, not the birthday itself.

Say your 55th birthday is in November, and you leave your job in March of that same year. You still qualify, even though you were 54 on your last day. Leave in December of the year before, and you don’t.

What it covers, and what it doesn’t

  • Only the plan at the job you left. A 401(k) from a job you left at 48 doesn’t qualify, even once you turn 55.
  • Not IRAs. The IRS lists this exception for employer plans only. Roll the money into an IRA, and the penalty generally applies again until 59½, unless another exception fits.
  • An earlier age for some public servants. For certain public safety employees in state or local government plans, the age is 50.

Why rollovers matter here

This is where the order of operations counts. If you might need money between 55 and 59½, rolling everything into an IRA the week you leave can close the door on this exception.

It’s a decision worth making on purpose, not by default on your last day.

Where that leaves you

Whether the rule of 55 matters for you comes down to when you want to stop working, and what the money needs to do between then and 59½. That depends on your plan, your other savings, and your tax picture, and that’s where we can actually help.

For the bigger picture on old 401(k)s, including the rollover mistake that can turn into a tax bill, see Old 401(k)s: What to Do With the Ones You Left Behind

You know where to find me.

Sources

  • Separation from service in or after the year you reach 55 (qualified plans only, not IRAs); age 50 for public safety employees in governmental plans: IRS, “Retirement topics – Exceptions to tax on early distributions”

Categories

Wealth planning

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