disability exception to withdrawal penalty prior 591/2

I have a client 44 yrs old who just received a settlement of 500k for a disability. He wants lifetime income and to keep from blowing his newly received money. If we put him in an annuity or series of annuities, and he is disabled, I understand he may avoid the 10% IRS penalty for early w/drawal. If he is later deemed fit for some occupation, can the 10% penalty be imposed at some later date. 15 years is a long time to remain disabled and he may at some point receive training for a new occupation. An insurance company rep told me today that the “new” income riders would qualify for the exception to the 59 1/2 penalty rule under 72t and/or 72Q. I have read the IRS publications and am having trouble substantiating this myself. Of course, with this line of thinking, I am ignoring the possiblity of the client qualifying for the exeption under the disability criteria. My concern is that he may someday no longer be disabled and have a penalty problem. In that he wants income for life, what is the best way to approach this using annuities while avoiding the 10% penalty for early withdrawal prior to age 59 1/2? Using the income rider seemed like a good idea, but I am having trouble determining if that would actually satisfy the 72t rules given the life expectancy table that the IRS uses for this determination.



The income riders do NOT automatically qualify as 72(q) payments. If he wants income for life, he could do a SPIA (Single Premium Immediate Annuity). These are automatically exempt from the penalty. He should choose either a fixed or a variable with a minimum guarantee. One company I am familiar with has a VA that qualifies as a SPIA, has a 75% guarantee, and allows access to additional withdrawals. It is available from most any quality advisor.

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