The Code (Section 72(t)) allows you to take distributions as part of a series of substantially equal periodic payments, not less frequently than annually, made for your life or the joint lives of you and your designated beneficiary after separation from employment without the 10% penalty. There is also an exception for distributions to unemployed people when the distributions are used to pay health insurance premiums. There is no specific hardship excuse from the 10% penalty.
I do not know how this will impact your unemployment benefits (that is not a tax question). Best regards.
Answered on Dec 21st, 2010 at 7:13 PM