Born in 1959? Your RMD age is 73 or 75 — and Congress didn't settle which

Last reviewed 25 July 2026

The short version. SECURE 2.0 was drafted so that someone born in 1959 satisfies the conditions for both age 73 and age 75. Treasury acknowledged the conflict in a footnote to the final regulations and left the paragraph in place. A proposed rule says 73. Until that is finalised, 73 is the safer assumption — not because it is settled, but because starting too late is the expensive mistake.

Why this happened

SECURE 2.0 raised the age for required minimum distributions twice in one section. It reads as two conditions:

Work through a 1959 birth year and both are true. Born in 1959, you turn 72 in 2031 — after the first cut-off — and you turn 74 in 2033, after the second. The statute gives two answers to the same person.

This is not a reading anyone had to strain for. Treasury noted it, and the proposed regulations (REG-103529-23) propose treating the 1959 cohort as 73.

What most calculators tell you, and why it's wrong

The common phrasing is "the RMD age rises to 75 in 2033." That is a calendar-year framing, and the law is not written that way — it keys off when you were born, not what year it happens to be. The calendar framing hides the 1959 problem entirely, because it never asks which birth year you fall in.

BornRMD begins atSettled?
1950 or earlier72Yes
1951–195873Yes
195973 under the proposed ruleNo — see above
1960 or later75Yes

What this means for you in practice

If you were born in 1959 and you plan around age 75, and the rule finalises at 73, you will have missed two years of required withdrawals. The penalty for taking less than required is 25% of the shortfall — reduced to 10% if you correct it promptly. Planning around 73 and being wrong costs you nothing beyond having taken money out earlier than you had to.

The asymmetry is the whole point: one error is expensive and one is not. That is why 73 is the safer working assumption even though it is the unresolved one.

A second trap, if your first year is deferred. Your first RMD can be delayed to 1 April of the following year. But it is still calculated from the 31 December balance of the year before you reached the age — not the year before you take the payment. Using the wrong year's balance is one of the most common errors in this calculation.

Sources

Retirement Benefit Estimator uses your birth date to pick the starting age, and flags the 1959 cohort as unsettled rather than quietly choosing for you.

Estimates and general information only — not tax, investment, or financial advice, and not a substitute for your own tax professional. Not affiliated with the IRS, the Social Security Administration, or any government agency. Tax rules change; check against current official materials before acting.