2 questions about 457s and 401ks

(1) If employer offers both 401k and 457 plans (say employee works for the county) could the employee effectively max out contributions to both plans? If the employee is over age 50 could they do 24k to both plans for a total of 48k? (18k plus 6k catch times 2).

(2) If employee separates from service after age 55 and starts taking withdrawals from the 401k, the are exempt from the 10% early withdrawal penalty. Is this an IRS thing or is there ever a case where 401k plan documents could be written in such a way that the employee would have to pay the 10% early withdrawal penalty if the employee separates from service at or after age 55 and starts taking distributions prior to age 59 1/2 from the 401k?

Thank you!



  1. Yes, these two plans are totally separate regarding annual contribution limits.
  2. The separation of service at 55 exception is an IRS rule and applies to all 401k plans. The plan administrator should code the 1099R with code 2 in Box 7. If they don’t the employee can claim the exception on Form 5329.

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