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Author: RBStanley Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 75379  
Subject: Early Retirement in Y2K Date: 12/28/1999 1:10 PM
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Here's my retirement scenario in a nutshell – I will be 52 in Y2K and want to back out of full time employment in that year. I plan to rollover my 401k to an IRA and use the Tax Code Section 72(t)(2)(A)(iv) exception to apply the Amortization Method for Substantially Equal Payments to obtain an appropriate distribution and avoid the early withdrawal penalty. The basis for my amortization calculation will be the balance in my 401k as of 12/31/99. I would appreciate your comments on the following aspects of this process:

1. My 401k trustee will only rollover into one IRA account. Once that is accomplished, I plan to spread the money into a range of rollover mutual funds. Can I control how much I withdraw from each mutual fund to add up to the substantially equal payment (SEP) schedule I choose in the initial calculation? For example, say I have $400,000 spread among 4 funds at 100k per fund. My SEP calculation is, say, $2,000/month. Can I arbitrarily make the decision to withdraw say $200 from Fund A, $1,500 from Fund B, $300 from Fund C and $0 from Fund D to make up the $2,000 SEP for one month? Can I change the mix in other months as long as it adds up to the $2,000 SEP amount?
2. Must the SEP calculation be done on a monthly basis or can it be done on an annual basis? Taking the above example, my annual SEP would be $24,000. Can I choose to withdraw any amount from any fund at any time during the year, as long as it adds up to $24,000 SEP by the end of the year?
3. If I retire in mid-year 2000, can I prorate my SEP for the first year based on the date of receipt of my first SEP?
4. Is my IRA trustee required to withhold a certain percent of each SEP distributed to me for tax purposes or do I need to pay quarterly estimated taxes from the amount of the SEP that I receive?
5. After I separate from service at my employer (retire) and have my 401k rolled over into an IRA and start my SEP cycle, I may want to go back to work part time. Is there any restriction on who I go back to work for or how much I work? Can I start a new 401k at this new employer?
6. I currently have an IRA apart from my 401k. When I complete the retirement and rollover of the 401k to a rollover IRA, can I combine my pre-existing IRA with the new rollover IRA in the SEP distribution calculation?
7. My wife will continue to work after I go through this process. We may continue to contribute to existing or new Roth IRA's with her money. We currently have a joint banking accounts. Should I consider separate banking accounts for myself for my SEP distributions so that we can assure the IRS that none of my distributions are being used to contribute to IRA's?

Thanks for any and all help with these issues.
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