Asked 10/18/2010
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Can I withdraw from my 401k without getting taxed or penalized. I am 43 years old. I was medically retired from Police work for an on duty injury. I receive a pension (tax free per Colorado State law) each month. The amount of the pension was based on my balance in my 401k on the day I was retired. This was done by taking my 401k balance and formulating an annuity paid each month for my life expectancy. This amount was subtracted from my monthly salary I was being paid at the time of the retirement. The pension payment amount was the difference between the annuity and the Salary amount.
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Answer 1/4 - Submitted 10/18/2010
At the present time, the only way to withdraw money from your 401K without the 10 percent penalty is to show you are using the money to pay for medical insurance or expenses. You have to advise your administrator of the fund the reason you are making the withdrawral and ask them to note it on your file and future paperwork. If you are not doing that, you will be taxed, no matter what. We used monies from our account to cover expenses during unemployment and we will be taxed as well unless the rules change for this year, and they dont look like they will. Sorry.
Answer 2/4 - Submitted 10/19/2010
The 401(k) distribution you're getting may be Colorado tax-exempt, it isn't federal tax exempt. You will still pay federal income tax on the amounts you receive. Since your distributions are set up as an annuity paid over your anticipated life, you are not subject to the early distribution penalty.
If you take additional funds out of the 401(k), they will be subject to both income tax and the penalty. Only by rolling the funds into another qualified retirement plan would you be able to avoid taxation entirely.
Answer 3/4 - Submitted 10/19/2010
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