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Penalty does not apply to distributions taken on or after the date taxpayer turns 59 1/2. See section 72(t)(1)1 point
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Age 59 1/2 is 6 months after the taxpayer attains age 59. It was covered in this topic a few years ago. From the top of that topic, scroll down to see my first answer that has a link too.1 point
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72(t)(2) clearly states: made on or after the date on which the employee attains age 59½ Since it was a 401K penalty can be avoided if separated from service at time of withdrawal.1 point