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Getting Your Retirement Money Early -- Without Penalty
Death
Another way to escape the early distribution tax, albeit a rather unattractive one, is to die before the distribution is made. None of the funds distributed from your retirement plan after your death -- for instance, to a named beneficiary -- will be subject to the early distribution tax, as long as the account is still in your name when the distribution occurs.If you are the beneficiary of your spouse's retirement plan or IRA, then upon your spouse's death you may roll over a distribution from your spouse's retirement plan or IRA to an IRA or plan of your own and avoid paying the tax. This benefit is available only to a spouse.
Disability
If you become disabled, all subsequent distributions from your retirement plan are free of the early distribution tax. But what does it mean to be disabled? And who decides? The law defines disabled as the inability to "engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or to be of long-continued and indefinite duration." Hmmm.
The key to the disability exception seems to lie in the permanence of the condition, not the severity. Disability exceptions have been denied for chemical dependence and chronic depression, even when the taxpayers were hospitalized for those conditions. It also appears that the disability must be deemed permanent at the time of the distribution -- regardless of whether it is later found to be permanent. For example, the IRS denied the exception for one taxpayer whose disability was not deemed permanent at the time the distribution was paid -- even though the taxpayer later qualified for Social Security disability benefits because the disability was ultimately determined to be permanent.
Refunds
If you receive a refund of a contribution to your retirement plan because you contributed more than you were permitted to deduct during the year, those "corrective" distributions will not be subject to the early distribution tax, although they might be subject to other taxes and penalties. In order to avoid the early distribution tax, the excess must come out of the plan within a prescribed time -- usually before you file your tax return. Corrective distributions are usually handled by the plan administrator.
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FAQs
- How does an employee file a claim for benefits?
- When are my pension rights vested?
- What are Employee Retirement Income Security Act (ERISA)'s funding requirements?
- Does the law require employers to provide pensions?
- What is the value of a simplified employee pension plan (SEP) from the employee's perspective?
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