Last Updated on July 30, 2026 by MyHRConcierge

Employee benefit plans require more than thoughtful plan design- they also require careful recordkeeping. Under the Employee Retirement Income Security Act (ERISA), employers and plan administrators have specific obligations to maintain records that support plan administration, government reporting and participant benefits.

Understanding ERISA document retention requirements can help employers reduce compliance risks, prepare for Department of Labor (DOL) and Internal Revenue Service (IRS) audits and respond confidently to participant inquiries or benefit disputes.

Why ERISA Document Retention Matters

Proper recordkeeping is a critical part of administering an ERISA-covered employee benefit plan. Employers should be able to demonstrate that their benefit plans have been operated according to their governing documents and that required filings accurately reflect plan activity.

Maintaining organized records can help employers:

• Support Form 5500 filings (when applicable) and other required reports.
• Respond to DOL and IRS audits.
• Resolve participant benefit questions or disputes.
• Demonstrate compliance with ERISA fiduciary responsibilities.
• Preserve important historical plan information.

Without adequate documentation, employers may find it difficult to demonstrate compliance or support participant benefit determinations if questions arise years after a plan transaction occurs.

ERISA Section 107: The Six-Year Record Retention Rule

One of ERISA’s primary recordkeeping requirements is found in Section 107.

Under this provision, employers must retain records that support information included in required reports- such as the annual Form 5500- for at least six years. The six-year retention period begins on the later of the report’s filing date or the date it was required to be filed.

The records retained should be sufficient to verify that all required filings were complete and accurate.

Examples of supporting documentation may include:

• Annual reports
• Financial records
• Plan transaction records
• Participant data used to prepare required filings
• Workpapers supporting Form 5500 information

Maintaining these records helps employers substantiate the information reported if questioned during an audit or compliance review.

ERISA Section 209: Records Supporting Employee Benefits

ERISA Section 209 addresses a separate recordkeeping obligation. Rather than focusing on government reporting, Section 209 requires employers to maintain records sufficient to determine the benefits due- or that may become due—- o each employee and beneficiary.

In practice, employers should retain records documenting:

• Employee eligibility
• Compensation history
• Years of service
• Vesting information
• Benefit elections
• Beneficiary designations
• Distribution and payment history

Unlike Section 107, Section 209 does not establish a specific record retention period. Instead, because plan administrators must be able to demonstrate how participant benefits were determined, many legal and compliance professionals recommend retaining these records until all benefits have been paid and any applicable audit or legal periods have expired.

Maintaining these records beyond the minimum retention periods can help employers respond to participant claims, audits, or other compliance inquiries.

IRS Record Retention Requirements

In addition to ERISA, employers should also consider IRS recordkeeping requirements.

Treasury Regulation § 1.6001-1(e) requires taxpayers to maintain books and records that may become material to the administration of any internal revenue law. Unlike ERISA’s six-year rule, the IRS regulation does not establish a specific retention period. Instead, records must be retained for as long as they may be relevant to determining tax liability or demonstrating compliance with IRS requirements.

For employee benefit plans, this broad standard often means records should be maintained well beyond ERISA’s minimum requirements. Tax examinations, plan corrections, participant claims and compliance issues can arise years after a transaction occurs, making long-term record retention an important best practice.

What ERISA Documents Should Employers Keep?

A comprehensive document retention program should include both plan-level and participant-level records.

Plan Documents

Maintain copies of:

• Plan documents
• Plan amendments
• Adoption agreements
• Trust agreements
• Custody agreements
• Service provider agreements

Participant Communications

Retain required participant disclosures, including:

• Summary Plan Descriptions (SPDs)
• Summaries of Material Modifications (SMMs)
• Required participant notices and disclosures

Government Filings

Keep copies of:

• Form 5500 filings (when applicable)
• Supporting schedules
• Financial workpapers
• Independent audit reports, when applicable

Compliance Documentation

Employers should also retain:

• Actuarial reports
• Valuation reports
• Nondiscrimination testing results
• Coverage testing documentation
• Records of voluntary or required plan corrections

Employee-Level Records

Maintain records supporting participant benefits, including:

• Eligibility information
• Service history
• Compensation records
• Benefit elections
• Beneficiary designations
• Qualified Domestic Relations Orders (QDROs)
• Participant loan documentation
• Distribution records
• Tax withholding information
• Tax reporting documents

These records help demonstrate how participant benefits were calculated and administered throughout the life of the plan.

Best Practices for ERISA Document Retention

Establishing a thoughtful document retention program can strengthen compliance and simplify plan administration.

Retain Records Beyond the Minimum When Appropriate: Although ERISA Section 107 establishes a six-year minimum for records supporting required reports, many participant-level records should be maintained much longer. Whenever practical, retain records supporting employee benefits until all benefits have been paid and any applicable audit or legal periods have expired.

Use Secure, Searchable Storage: Store records in a secure format that protects against loss while allowing documents to be easily searched and retrieved. Whether records are maintained electronically or in paper form, employers should ensure they remain authentic, complete, and readily available if requested by the DOL, IRS or plan auditors.

Suspend Record Destruction During Legal Matters: If your organization becomes involved in litigation, a government investigation, a participant claim or an audit, immediately suspend any scheduled destruction of potentially relevant records. Maintain those records until the matter has been fully resolved and legal counsel confirms normal retention practices may resume.

Develop a Written Document Retention Policy: A formal document retention policy helps create consistency throughout your organization. Your policy should clearly define:

• Required retention periods
• Storage methods
• Security requirements
• Record destruction procedures
• Policy review schedules
• Roles and responsibilities for HR staff, plan administrators, and service providers

Regularly reviewing and updating the policy can help ensure it remains aligned with current legal and operational requirements.

Consider Other Applicable Retention Requirements: While ERISA and IRS rules establish important federal recordkeeping requirements, employers should also consider other obligations that may require records to be retained longer. State record retention laws, litigation hold requirements and contractual obligations with third-party administrators or service providers may all affect how long certain documents should be maintained.

Stay Ahead of ERISA Compliance

Effective ERISA compliance extends well beyond creating plan documents- it requires maintaining complete, organized and accessible records throughout the life of the plan.

A proactive approach to ERISA document retention helps ensure critical records are available whenever they’re needed- whether responding to an employee question, supporting a government filing or navigating an audit years into the future.

For more information on how to enhance your organization’s compliance efforts, contact MyHRConcierge at 855-538-6947, sales@myhrconcierge.com. Or, schedule a convenient consultation below: