Hi,
My father-in-law became "permanently and totally disabled" a few years ago. I think he is 55.
This morning, he officially became divorced and was awarded $38,000 from his now ex-wife's Thrift Savings Plan (Federal Retirement).
He doesn't want to do a roll-over. He wants to take the cash and run.
TSP says they are going to take 20% Fed withholding no matter what. That's fine. He might be able to get that back at the end of the year when I file his taxes.
But I am wondering about the 10% early-withdrawal penalty.
I realize that Exception 3 of the Form 5329 allows one to avoid the penalty if "Distributions due to total and permanent disabilty"
But he is getting this distribution because he is getting divorced, NOT because he became disabled.
Yet, he IS disabled, so I (personally) don't think he deserves to be taxed.
Any suggestions?
Thanks,
Chris