Background:
1998 QDRO issued / approved, 401K plan administrator (or trustee?) created a separate account for my funds. I've not touched it. 2018 balance about 4 times what it was and I need cash. Best as I've been able to determine (lousy customer service) the plan does still recognize me as an AP and my exemption from 10% penalty still applies. Plan won't allow partial withdrawal, all or nothing only & of course will withhold 20%
Questions:
1. Does the exemption from 10% penalty apply to all, including the earnings?
2. When I file my tax return, how do I evidence to the IRS it is not subject to the penalty? (only income tax)
3. If instead I do a direct rollover into a new IRA (losing the QDRO status) and take 72(t) SEPP for a min. of 5 years, when I turn 59.5 in just 3 years, can I make additional penalty free withdrawals over & above the 72(t) distributions?
4. Other thoughts - am I missing anything, is there a chance the QDRO/penalty exemption "expired",...?