[andrewkalford]

I was told by Chase Bank that since I was born before 1946, (I am 70yrs old and I have a TIAA-CREF 403(b) annuity), I could withdraw from my plan to buy my first home, without paying taxes. TIAA-CREF said it would be withheld anyway. Info?

[AK lawyer]

Let's start by looking in the horse's mouth:

"
26 U.S.C. § 403 : US Code - Section 403: Taxation of employee annuities
...

(b) Taxability of beneficiary under annuity purchased by section 501(c)(3) organization or public school
(1) General rule
If -
(A) an annuity contract is purchased -

(i) for an employee by an employer described in section501(c)(3) which is exempt from tax under section 501(a),
(ii) for an employee (other than an employee described in clause (i)), who performs services for an educational organization described in section 170(b)(1) (A)(ii), by an employer which is a State, a political subdivision of a State, or an agency or instrumentality of any one or more of the foregoing, or
(iii) for the minister described in section 414(e)(5)(A) by the minister or by an employer,

(B) such annuity contract is not subject to subsection (a),
(C) the employee's rights under the contract are nonforfeitable, except for failure to pay future premiums,
(D) except in the case of a contract purchased by a church, such contract is purchased under a plan which meets the nondiscrimination requirements of paragraph (12), and (E) in the case of a contract purchased under a salary reduction agreement, the contract meets the requirements of section 401(a)(30),then contributions and other additions by such employer for such annuity contract shall be excluded from the gross income of the employee for the taxable year to the extent that the aggregate of \such contributions and additions (when expressed as an annual addition (within the meaning of section 415(c)(2))) does not exceed the applicable limit under section 415. The amount actually distributed to any distributee under such contract shall be taxable to the distributee (in the year in which so distributed) under section 72 (relating to annuities). For purposes of applying the rules of this subsection to contributions and other additions by an employer for a taxable year, amounts transferred to a contract described in this paragraph by reason of a rollover contribution described in paragraph (8) of this subsection or section 408(d)(3)(A)(ii) shall not be considered contributed by such employer.
..." 26 U.S.C. § 403 : US Code - Section 403: Taxation of employee annuities

Was this annuity purchased by a "section 501(c)(3) organization or public school"?