10% penalty exception for public safety worker

Is there *any* way this exception can carry over when the money is moved from the plan to an IRA? I have always understood the answer to be a resounding “no,” but I have a CPA telling the client that he (client) *never ever* pays the penalty on the money, even if it’s moved to an IRA.

I think that is flat-out wrong, but is there any esoteric rule/reg/etc. (perhaps instituted by SECURE?) that might allow this exception to carry over, and I am overlooking it?

Please and thanks.



You are correct and the CPA is wrong.  Client can refer the CPA to Sec 72(t)(10), and the IRS rollover chart which indicates this exception does not apply to IRAs.

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