What is a Rule 55?

Asked by: Dale Howe DDS  |  Last update: October 4, 2025
Score: 5/5 (15 votes)

What is the rule of 55? The IRS rule of 55 recognizes you might leave or lose your job before you reach age 59½. If that happens, you might need to begin taking distributions from your 401(k). Unfortunately, there's usually a 10% penalty—on top of the taxes you owe—when you withdraw money early.

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.

What is Rule 0f 55?

The IRS rule allows workers who lose or leave their jobs to begin taking 401(k) distributions penalty-free, as long as they are 55 or older. Normally, any withdrawals before 59 ½ are subject to a 10% tax penalty but if you qualify under the rule of 55, you don't have to pay it.

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

Regarding your specific question, yes, you can begin receiving Rule of 55 distributions from your ``just ended'' employer and then begin new employment elsewhere.

What is Rule 54?

Rule 54— Judgments; Costs. (a) Definition; Form. "Judgment" as used in these rules includes a decree and any order from which an appeal lies. A judgment shall not contain a recital of pleadings, the report of a master, or the record of prior proceedings. (b) Judgment Upon Multiple Claims or Involving Multiple Parties.

The Rule of 55 Explained

32 related questions found

What is Rule 56?

Summary Judgment. (a) Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense – or the part of each claim or defense – on which summary judgment is sought.

What is the rule of 54?

A default judgment must not differ in kind from, or exceed in amount, what is demanded in the pleadings. Every other final judgment should grant the relief to which each party is entitled, even if the party has not demanded that relief in its pleadings.

What are the benefits of 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.) It doesn't matter whether you were laid off, fired, or just quit.

How do I avoid 20% tax on my 401k withdrawal?

One of the easiest ways to lower the amount of taxes you have to pay on 401(k) withdrawals is to convert to a Roth IRA or Roth 401(k). Withdrawals from Roth accounts are not taxed. Some methods allow you to save on taxes but also require you to take out more from your 401(k) than you actually need.

At what age is IRA withdrawal tax free?

If you wish to withdraw your earnings from a Roth IRA without paying taxes, you must be 59½ and must have held the Roth IRA for at least five years. Exceptions to these requirements include: Becoming disabled and needing the funds to live on. Needing Roth funds of up to $10,000 to buy your first home.

What is the 55 law?

The IRS rule of 55 recognizes you might leave or lose your job before you reach age 59½. If that happens, you might need to begin taking distributions from your 401(k). Unfortunately, there's usually a 10% penalty—on top of the taxes you owe—when you withdraw money early.

What is rule of 55 current employer?

The rule of 55 is an IRS provision that allows workers who leave their job for any reason to start taking penalty-free distributions from their current employer's retirement plan in or after the year they reach age 55.

What are the pitfalls of the rule of 55?

Rule of 55 disadvantages

For example, the money you withdraw from your 401(k) or 403(b) will be taxed as regular income, perhaps triggering other issues (e.g., depending on the amount you withdraw, you could end up in a higher tax bracket and thus owe more to Uncle Sam).

What is the rule for 55?

The IRS rule allows workers who lose or leave their jobs to begin taking 401(k) distributions penalty-free, as long as they are 55 or older. Normally, any withdrawals before 59 ½ are subject to a 10% tax penalty but if you qualify under the rule of 55, you don't have to pay it.

What is the difference between default Judgement and dismissal?

The judge therefore grants the motion (or decides the case) by default. A dismissal, in contrast, might be granted to the Defendant in a situation where the Plaintiff files a lawsuit, but then fails to respond to filings and orders in the case.

What is excusable neglect in law?

This is called a mistake, inadvertence, surprise, or excusable neglect. This means a court order or judgment was made against you because you. Misunderstood the facts or the law and your misunderstanding was reasonable and justifiable (more than just not knowing the law)

How do I claim the rule of 55?

What is the rule of 55, and how does it work?
  1. You must retire, get laid off, or quit during the year you turn 55 or after.
  2. Public safety employees such as police officers, EMTs, and firefighters can start to take money from their accounts in the calendar year of their 50th birthday.

How to cash out a 401k without paying taxes?

The easiest way to borrow from your 401(k) without owing any taxes is to roll over the funds into a new retirement account. You may do this when, for instance, you leave a job and are moving funds from your former employer's 401(k) plan into one sponsored by your new employer.

Do you get taxed twice on a 401k withdrawal?

We see this question on occasion and understand why it may seem this way. But, no, you don't pay income tax twice on 401(k) withdrawals. With the 20% withholding on your distribution, you're essentially paying part of your taxes upfront.

What is the rule of 55 retirement loophole?

The rule of 55 is an IRS provision that allows you to withdraw money from your 401(k) or other qualified retirement plan without the 10% early withdrawal penalty if you leave your job in or after the year you turn 55.

How do I know if I qualify for Rule of 55?

However, you'll still need to pay income tax on any withdrawals. The rule applies to anyone who turns 55 or older during the year that they lose or leave their job. It doesn't matter if your departure was voluntary or involuntary.

Can I close my 401k and take the money?

Yes. The tax and penalty on early withdrawals doesn't mean you can't take them — it just means you may lose some of your retirement savings to the government in the process.

Why does the rule of 55 exist?

The IRS rule allows workers who lose or leave their jobs to begin taking 401(k) distributions penalty-free, as long as they are 55 or older. Normally, any withdrawals before 59 ½ are subject to a 10% tax penalty but if you qualify under the rule of 55, you don't have to pay it.

What does rule 54 mean?

Federal Rule of Civil Procedure 54(b) states that a district court may direct entry of a final judgment as to fewer than all claims or parties, which would allow an immediate appeal, “only if the court expressly determines that there is no just reason for delay.” This lengthy opinion by Judge Greenberg (no relation), ...

What is the retirement 8% rule?

Thinking Big. Recently, a radio talk show host named Dave Ramsey recommended that retirees invest 100% of their assets in equities, from which they would withdraw 8% per year of the portfolio's starting value, with each year's expenditures adjusted for inflation.