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Asked 1/29/2009

What are the exemptions to the 10% penalty for early withdrawel of your 401k

I lost my job due to temporary long term disability and had to use my 401k to pay bills. Am I exempt from the 10% penalty?

 
 
 
 
 
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Answer 1/2 - Submitted 12/28/2009

There may be an exception for you in regards to the penalty. If you paid more than 7.5% of you income in medical bills you would qualify and/or if you are over 59 1/2 you would qualify, there is an exception for hardship. Please talk with your tax professional.

 
 

Answer 2/2 - Submitted 12/28/2009

When you say temporary disability, I would assume you are not considered permanently disabled.
As above if you paid medical bills in excess of a certain percentage of your income (7 or 10% I believe) the penalty can be waived, the only other exception if you are under 59 1./2, 55 in some cases is if you are permanently disabled. You have to have an award letter and have it submitted with the withdrawal forms for your plan...

 
 
 
 
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