PolicyBrief
H.R. 329
119th CongressJan 9th 2025
Expanding Penalty Free Withdrawal Act
IN COMMITTEE

The "Expanding Penalty Free Withdrawal Act" amends the Internal Revenue Code to allow penalty-free early withdrawals from retirement plans for individuals who have received unemployment compensation for at least 26 consecutive weeks, with certain limitations and effective for distributions made after December 31, 2024.

Bonnie Watson Coleman
D

Bonnie Watson Coleman

Representative

NJ-12

LEGISLATION

Penalty-Free Retirement Withdrawals for Long-Term Unemployed: New Bill Offers Lifeline, Starts 2025

The "Expanding Penalty Free Withdrawal Act" makes a significant change to how retirement funds can be accessed during long-term unemployment. Starting after December 31, 2024, the bill allows individuals who've received unemployment compensation for at least 26 consecutive weeks to withdraw money from their retirement plans without the usual early withdrawal penalties.

Cash in a Crisis

This bill aims to provide a financial safety net for those facing extended periods without work. Normally, pulling money out of a 401(k) or IRA before retirement age hits you with a penalty. This legislation creates an exception to that rule, acknowledging the severe financial strain of long-term unemployment.

The Fine Print

Here's how it works: If you've been on unemployment for at least 26 straight weeks, you can tap into your retirement savings. The withdrawal window is either the year you receive the unemployment benefits or the following year. However, there are limits. You can't withdraw more than $50,000, or a calculated amount. This calculated amount is determined to be the greater value between $10,000 or half the total value of the individual's retirement plans. This is a significant detail, as stated in SEC. 2, because it prevents people from completely draining their retirement accounts, but also recognizes that some people may not have $50,000 to withdraw.

For example, imagine a construction worker laid off during an economic downturn. After six months of unemployment benefits, they could access a portion of their 401(k) to cover mortgage payments and essential bills, penalty-free. Or, consider a mid-level manager who loses their job and faces a lengthy job search. This bill would allow them to use some retirement savings to bridge the gap without incurring extra penalties, potentially preventing them from falling into significant debt.

Long-Term Considerations

While the bill offers immediate relief, it's crucial to remember that retirement funds are meant for, well, retirement. Withdrawing early, even without penalties, reduces the amount available later in life. This is a classic trade-off: immediate financial needs versus long-term financial security. The bill attempts to balance this by limiting the withdrawal amount, but the impact on an individual's retirement nest egg could still be substantial. It's a bit like borrowing from your future self – sometimes necessary, but not without consequences.