The Rule of 55: One Way to Fund Early Retirement

A mature man sits on a large motorcycle and looks into the distance.

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published 19 October 2024

Editor’s note: "The Rule of 55" is part eight of an ongoing series focused on how to retire early and the FIRE (Financial Independence, Retire Early) movement. Part One is How to Retire Early in Six Steps. To see all early retirement articles, jump to the end.

The kids may really be alright. Young professionals today seem to be taking retirement more seriously than ever. According to a survey by Northwestern Mutual, the average Gen Zer and millennial start saving for retirement in their 20s, compared to Gen Xers and baby boomers, who typically began in their 30s.

Access to more personal finance advice certainly helps, but a key motivator is the desire to retire earlier. A YouGov poll found that 30% of millennials expect to retire between ages 51 and 60.

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Why the rush? Much like the workplace and career paths, younger generations are redefining retirement. An Edelman Financial Engines report found that nearly four in 10 Americans want a retirement that looks different from previous generations, with many prioritizing an “active” and “adventurous” lifestyle.

Early retirement means you’re more likely to have the health to pursue activities like travel and volunteering abroad.

But here’s the catch for those looking to retire early: funds in 401(k)s or similar tax-deferred plans typically can’t be accessed without penalties before age 59½.

That’s where the rule of 55 can help. It lets you start taking distributions from your 401(k) penalty-free a little earlier. Here’s how it works — and how it could help fund an early retirement.

What is the Rule of 55?

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.

This can be a valuable tool for those who want to retire early but don’t want to face hefty penalties for accessing their savings.

Additionally, Joli Fridman, CFP, CPA/PFS, and wealth advisor at Buckingham Strategic Wealth, points out that it’s helpful to “employees who retire earlier than planned, such as for health reasons or losing a job.”

How the Rule of 55 works

To qualify, you must leave your job — either voluntarily or involuntarily — in or after the year you turn 55.

Fridman emphasizes that “the rule applies only to the 401(k) plan of your most recent employer.” This means that money in other retirement accounts must stay put until you reach age 59½ if you want to avoid the early withdrawal penalty.

“If you roll over your funds to an IRA or a new employer’s plan, you lose the ability to use the rule of 55,” adds John Chapman, CFP® at WorthPointe Wealth Management.

For example, if you leave your job at 55 and keep your funds in your employer’s 401(k), you can start withdrawing from that account without penalty. But if you roll those funds into an IRA, you’ll have to wait until age 59½ to access them without a penalty.

While the rule helps you avoid the penalty, it doesn’t exempt you from taxes. Any distributions you take will be taxed as ordinary income.

Planning for withdrawals

Before tapping into your 401(k) under the rule of 55, Chapman recommends contacting your plan custodian to confirm the withdrawal rules and ensure your separation date is correctly documented.

He also notes that once you start taking withdrawals, the money you remove will no longer benefit from future growth and compounding, which could impact your long-term retirement goals.

While this strategy can provide penalty-free access to your 401(k), it’s not a magic solution for early retirement. Chapman advises that investors should still have a solid financial foundation — such being debt-free and accumulating a healthy emergency fund — before considering this option.

Considerations for early retirees

If you plan to retire early, the rule of 55 can be a helpful tool, but experts caution that it shouldn’t be your only strategy. To increase your flexibility, consider having multiple sources of income, such as a non-retirement brokerage account or cash savings, which allow for penalty-free withdrawals at any age. You should plan for early retirement income over the long haul, not just the first few years of retirement.

As Chapman notes, “One common mistake is relying too heavily on a 401(k) without building other savings.” This could leave you “401(k)-rich but cash-poor,” limiting your access to funds if you retire early. Regular contributions to a brokerage account alongside your 401(k) can provide greater liquidity and flexibility down the road.

Special consideration should also be given to public safety employees, such as police officers, firefighters, EMTs, and air traffic controllers. Essentially, for these workers, the rule of 55 applies in the calendar year they turn 50.

Is the Rule of 55 right for you?

The rule of 55 offers a unique benefit, but it’s just “one piece of the retirement puzzle,” says Chapman.

Fridman adds that workers planning an early retirement must still consider other key factors, such as when to claim Social Security, how to take pension payments, and how to make efficient withdrawals from investment accounts. “The best strategy,” she advises, “is to work with a financial adviser who can help determine the best plan for your situation.”

After all, early retirement is about more than avoiding penalties — it’s about making your money last.

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