State of Michigan 401(k) and 457 Plans

Frequently Asked Questions

Question:
Am I considered a Public Safety Officer?

Answer:
A Public Safety Officer (PSO) who separates from employment and takes a distribution from their 401(k) account at age 50 or older may be exempt from the Internal Revenue Service (IRS) 10% early withdrawal penalty. To see if you qualify as a PSO, please visit https://www.irs.gov/irb/2007-05_IRB, Section 828 of PPA ’06, wherein it states, “For purposes of § 72(t)(10), the term “qualified public safety employee” means an employee of a State or of a political subdivision of a State (such as a county or city) whose principal duties include services requiring specialized training in the area of police protection, firefighting services, or emergency medical services for any area within the jurisdiction of the State or the political subdivision of the State.”

Neither the state of Michigan nor Voya Financial® determine whether you qualify as a PSO, so the 1099-R you receive after a plan distribution will not reflect PSO status. If you believe you qualify, you should seek assistance from your tax advisor.