72 t (10) and early withdrawals


Q. I am 60. I retired from the Federal Aviation Administration (air traffic controller) at 56. At that time, I set up the “Substantially Equal Payments” under the 72 t. That arrangement ends this September (5 years). In 2015, Congress passed the “Defending Public Safety Employees’ Retirement Act.” Will this allow me to take a disbursement in addition to my ongoing “Substantially Equal Payments” without the additional 10 percent tax? My financial adviser believes that by taking other disbursements, even given the 72 t (10), will trigger the penalty because it would make the “Substantially Equal Payments” different.

A. Generally, any additional withdrawals will invalidate the exemption to the early withdrawal penalty, but you should consult a CPA for advice regarding your particular situation.


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Mike Miles is a Certified Financial Planner licensee and principal adviser for Variplan LLC, an independent fiduciary in Vienna, Virginia. Email your financial questions to fedexperts@federaltimes.com and view his blog at money.federaltimes.com.

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