Discussion:Qualified Safety Public Employees- please clarify?

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Discussion Forum Index --> Advanced Tax Questions --> Qualified Safety Public Employees- please clarify?
Discussion Forum Index --> Tax Questions --> Qualified Safety Public Employees- please clarify?

Taxestaxes (talk|edits) said:

27 March 2009
I just need some reassurance please :=) I have never had this before and wanted to make sure I was thinking clearly. I have a client whom retired at age of 51, took a lump sum distribution. His 1099-r is coded with a 1. However, he was an ambulance director. The ambulance dept. is operated by county government. Wanted to make sure that qualifies as safety public employee and he is not liable for 10% early penalty?

".....qualified public safety employee if you provided police protection, firefighting services, or emergency medical services for a state or municipality....."

Marty1970 (talk|edits) said:

27 March 2009
An ambulance driver is exempt under 72(t)(10). I don't know about a director. See Notice 2007-7; Q and A 7:-----public safety employee...."performs services requiring specialized training in the area of..........emergency medical services." The distribution must be from a 414(d) (governmental) defined benefit plan. The exemption does not apply to an IRA distribution.

Taxestaxes (talk|edits) said:

28 March 2009
Well he is also an ambulance driver, he does all the duties other EMTS do....and it is a govt. plan. Thanks for the reply!!

Taxea (talk|edits) said:

28 March 2009
I would think yes, because he probably worked his way up to the position he retired at. Have one here in Hawaii and I would take the credit. Of course, I must admit that I knew him when he was running the rig. taxea

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