Yes, you should qualify for the penalty waiver- you need to file a certification with the DROP administrator who will adjust your 1099-R to correctly show your status.
The Pension Protection Act waives the 10% tax on early withdrawals made to “qualified public safety employees” who separate from service during or after the year they attain age 50. The Internal Revenue Service defines
“qualified public safety employee” as “any employee of the State or political subdivision of a State whose principal duties include services requiring specialized training in the area of police protection, fire-fighting services, or
emergency medical services for any area within the jurisdiction of such State or political subdivision.”
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