10% penalty on 401k loan after age 55

I have a client who currently has a 403b and an outstanding loan of about $13000. She terminated her employment on 6-23-06 and her DOB is 4-1-52 so she was 54 at termination. She now would like to roll that 403b into an IRA. The way I understand the rule is if she terminated employment at age 55 or later she would not be subject to the 10% penalty on the loan amount, but since she terminated before age 55 and now wants to move to an IRA at age 56 she is subject to the 10% penalty on the loan or has to repay the loan. Could anyone shed some light on this situation please?



Are you sure this client never received a notice from the plan regarding her requirements to retire the loan? There may well be a missing 1099R here for 2006 or 2007 which would indicate how the loan is to be handled. The early withdrawal penalty would apply if this is not a loan offset that was rolled over. See attached:
http://www.relius.net/News/TechnicalUpdates.aspx?ID=262



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