How long is long enough? ERISA record retention rules every employer should know

A common question employers ask is: How long do we need to keep records related to employee benefits, and what are the rules?

This summary covers the requirements for benefit plans governed by ERISA (the Employee Retirement Income Security Act). It focuses on the key rules from ERISA Sections 107 and 209 and IRS regulations. At the end, you’ll find practical tips for keeping your records in order.

ERISA

ERISA Section 107 says you must keep records that support any required reports (like annual reports filed with the government) for at least six years. The six-year clock starts from the date the report was due or actually filed. You need to keep any paperwork that shows your filings were accurate and complete.

ERISA Section 209 requires you to keep records that show how benefits were calculated for each employee and beneficiary. In practice, this means you should keep records until all benefits have been fully paid out and any audit periods have ended.

Here’s the key point: If there’s ever a dispute about benefits, the employer must prove what was paid. That’s why it’s smart to keep detailed records about things like eligibility, years of service, pay, vesting, benefit elections, and payment history—even after benefits have been paid—until any audit window closes.

IRS regulation