Planning for retirement isn’t always straightforward—especially if you’re thinking about retiring early. If you have a 401(k), the IRS Rule of 55 might let you take money out without paying a 10% early withdrawal penalty. This can help bridge the gap between leaving your job and turning 59½.
59½ is the earliest age you can withdraw money from tax-advantaged retirement accounts, like a 401(k), traditional IRA, or Roth IRA earnings, without paying a 10% early withdrawal penalty.
But what happens if your account is a Roth 401(k)? While the Rule of 55 can still apply, there are extra tax rules to think about. This article breaks down what you need to know about using the Rule of 55 with a Roth 401(k), and what to watch out for.
What Is the Rule of 55?
The Rule of 55 is a tax rule that may let you take money out of a 401(k) or 403(b) without paying the usual 10% early withdrawal penalty. To qualify, you must leave your job during or after the calendar year you turn 55. If you meet this requirement, you can take withdrawals from your current employer’s plan—even if you’re younger than 59½.
Here’s what you need to know:
- The rule only works with 401(k) or 403(b) plans—not traditional or Roth IRAs.
- It applies only to the plan tied to your most recent employer. You usually can’t use it for money left in an old employer’s plan.
- Your employer’s plan must allow withdrawals under the Rule of 55. Not all plans do.
You can check your plan’s rules by reading your retirement plan’s Summary Plan Description or asking your plan administrator.
How the Rule of 55 Works with Roth 401(k) Accounts
A Roth 401(k) is funded with after-tax dollars. That means your contributions are made from money you’ve already paid taxes on. When you take money out, the IRS treats contributions and earnings differently.
Withdrawals break down into two parts:
Contributions
- You can withdraw your contributions at any time.
- If you’re eligible under the Rule of 55, you can usually take these funds out tax-free and penalty-free.
Earnings
- Earnings in a Roth 401(k) may be taxed if you withdraw them before age 59½.
- You may also pay a 10% early withdrawal penalty unless your Roth 401(k) has been open for at least five years or another IRS exception applies.
If you roll your Roth 401(k) into a Roth IRA, the five-year clock for qualified withdrawals starts over. That means even if you’re 55 or older, pulling out earnings from a new Roth IRA could trigger taxes and penalties.
Things to Consider Before Withdrawing
Before using the Rule of 55 to tap your Roth 401(k), think carefully about the potential impact:
1. Your Plan’s Rules
Not all plans support withdrawals under the Rule of 55. Even if you qualify by age and employment status, your employer’s plan must allow it. Review your plan documents or talk to your HR department to confirm.
2. Taxes on Earnings
While your contributions come out tax-free, the earnings portion of your Roth 401(k) may still be taxed and penalized. This depends on how long you’ve held the account and your age. If your account hasn’t been open for at least five years, earnings may not qualify for tax-free treatment—even if you’re eligible for the Rule of 55.
3. Your Retirement Timeline
Taking money out early means you’ll have less saved for the future. Make sure early withdrawals won’t leave you short later on. If possible, work with a professional to see how early access could affect your long-term goals.
4. Age and Job Status
As previously mentioned, to use the Rule of 55, you must leave your job during or after the year you turn 55. If you quit or are laid off before that year—or you’re still working—you generally won’t qualify.
Other Ways to Access Retirement Funds Early
If the Rule of 55 doesn’t fit your situation, there are a few other options. Each comes with its own rules and risks.
Substantially Equal Periodic Payments (SEPP)
This IRS-approved method, also known as Rule 72(t), lets you withdraw money from a retirement account before age 59½ without paying the 10% early withdrawal penalty. But there are strict rules:
- You must take withdrawals at least once a year.
- The amount must be based on one of three IRS-approved calculation methods (fixed amortization, fixed annuitization, or required minimum distribution).
- Once you start, you must continue the same payment schedule for at least five years or until you turn 59½, whichever is longer.
If you stop payments too early or take out more or less than allowed, the IRS may retroactively apply the 10% penalty to all prior withdrawals. Because the rules are complex and rigid, many people consult a financial advisor before setting up a SEPP plan.
Roth IRA Contributions
If you have a Roth IRA, you can usually take out the money you put in (your contributions) at any time without paying taxes or penalties. That’s because you’ve already paid taxes on this money.
But the rules are different for any growth or earnings on your contributions:
- You may owe taxes and a 10% penalty if you take out the earnings before age 59½.
- You can avoid both taxes and penalties on earnings if your account has been open for at least five years and you are 59½ or older.
So while you can always withdraw your original contributions freely, tapping into the earnings early can cost you—unless you meet both conditions.
Waiting Until Age 59½
If you’re able to wait, holding off until age 59½ avoids both penalties and tax complications on most qualified retirement withdrawals. It may be the simplest option if you don’t need the funds right away.
Final Thoughts
The Rule of 55 may give you a way to access your Roth 401(k) money early, but it comes with limits. While you can take out your contributions without a penalty, the earnings may still be taxed or penalized unless you meet certain rules.
Before making any withdrawals, check your plan’s rules and think about how early access could affect your future savings. If you’re unsure, talking to a financial professional may help you avoid costly mistakes and make a plan that fits your needs.
