We got a 1099-R due to a 403B distribution. The employer contributed money since my husband did not need medical insurance. Should it be subject to 10% penalty?

The Investment Bank told him that since he was no longer employed there, that it was his to withdraw and it would not be subject to the 10% penalty.   I was not so sure, so just want to check with others.  On the Confirmation, they listed the transaction type as Employment Termination and we had Federal and State Taxes withheld.  I am wondering if the Distribution Code on the 1099-R is potentially incorrect?   Interested in others thoughts.