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New Member
posted Jul 12, 2020 12:50:29 PM

Previous employer auto-enrolled in retirement investment plan without consent. Withdrew funds. Will I owe a penalty?

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1 Replies
Level 15
Jul 12, 2020 1:25:47 PM

Auto-enrollment in a 401(k) does not require explicit consent.  However, the employer is required to allow you to opt out:  https://www.irs.gov/retirement-plans/plan-participant-employee/retirement-topics-automatic-enrollment

 

The distribution is subject to ordinary income tax.  If you are under age 59½ and you do not qualify for a penalty exception, the distribution is also subject to a 10% early-distribution penalty:  https://www.irs.gov/retirement-plans/plan-participant-employee/retirement-topics-tax-on-early-distributions