U.S. Code » Title 29 » Chapter CHAPTER 18— EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM › Subchapter SUBCHAPTER I— PROTECTION OF EMPLOYEE BENEFIT RIGHTS › Subtitle Subtitle B— Regulatory Provisions › Part part 1— reporting and disclosure

29 U.S.C. § 1027

Retention of records

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Every person subject to a requirement to file any report (including the documents described in subparagraphs (E) through (I) of section 1021(k) of this title) or to certify any information therefor under this subchapter or who would be subject to such a requirement but for an exemption or simplified reporting requirement under section 1024(a)(2) or (3) of this title shall maintain a copy of such report and records on the matters of which disclosure is required which will provide in sufficient detail the necessary basic information and data from which the documents thus required may be verified, explained, or clarified, and checked for accuracy and completeness, and shall include vouchers, worksheets, receipts, and applicable resolutions, and shall keep such records available for examination for a period of not less than six years after the filing date of the documents based on the information which they contain, or six years after the date on which such documents would have been filed but for an exemption or simplified reporting requirement under section 1024(a)(2) or (3) of this title.

Notes of Decisions
Cited in 38 cases (4 in the last 5 years), 1980–2022 · leading case: UNITED STATES of Am., Plaintiff-Appellee, v. Stephen SARAULT, Defendant-Appellant, 840 F.2d 1479 (9th Cir. 1988).
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UNITED STATES of Am., Plaintiff-Appellee, v. Stephen SARAULT, Defendant-Appellant, 840 F.2d 1479 (9th Cir. 1988). · cites it 7× “Title 29 U.S.C. § 1027 (1982) describes the records mentioned in 18 U.”
Harrison Combs v. Mrs. Bob King, Individually & D/B/A King Trucking, 764 F.2d 818 (11th Cir. 1985). · cites it 5× “See 29 U.S.C. §§ 1027 & 1059 (1975); 29 C.F.R.”
United States v. S & Vee Cartage Co., Inc., Silverio Vitello AKA Sal Vitello, & Anna Vitello, 704 F.2d 914 (6th Cir. 1983). · cites it 4× “, 29 U.S.C. § 1027 (1976). 29 U.S.C. § 1027 , entitled “Retention of Records,” provides as follows: Every person subject to a requirement to file any description or report or to certify any information therefor under this subchapter or who would be subject to such a requirement…”
Hollowell v. Cincinnati Ventilating Co., Inc., 711 F. Supp. 2d 751 (E.D. Ky. 2010). · cites it 3× “5 Defendants respond by stating all required documents have been produced, and further they are not required to maintain plan documents relating to the 1971-1990 defined benefit plan under 29 U.S.C. § 1027 , ERISA’s document retention statute.”
Shaver v. Operating Engineers Local 428 Pension Trust Fund, 332 F.3d 1198 (9th Cir. 2003). · cites it 6× “See 29 U.S.C. § 1027 (“Every person subject to a requirement to file any report .”
United States v. Michael C. Coyle, 63 F.3d 1239 (3rd Cir. 1995). “See 29 U.S.C. § 1027 . HCA purported to comply with its obligations by reporting to the Fund on the Schedules A it prepared.”
United States v. Jackie Presser Harold Friedman & Anthony Hughes, 844 F.2d 1275 (6th Cir. 1988). “The indictment also charges that Presser violated the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1027 , by making false statements and concealing facts about the “ghost” employees on documents required to be maintained under ERISA.”
United States v. Eriksen, 639 F.3d 1138 (9th Cir. 2011). · cites it 3× “shall maintain records on the matters of which disclosure is required which will provide in sufficient detail the necessary basic information and data from which the documents thus required may be verified, explained, or clarified, and checked for accuracy and completeness, and…”
La Barbera v. Fed. Metal & Glass Corp., 666 F. Supp. 2d 341 (E.D.N.Y 2009). “” 29 U.S.C. § 1027 . Section 515 of ERISA states: *348 Every employer who is obligated to make contributions to a multiemployer plan under the terms of the plan or under the terms of a collectively bargained agreement shall, to the extent not inconsistent with law, make such…”
Babino v. Gesualdi, 278 F. Supp. 3d 562 (E.D.N.Y 2017). “: 29 U.S.C. § 1027 . While Section 1027 states that such records must be kept for at least six years, Section 1059 implies that employers must keep said records indefinitely.”
Kelly D. Crotty v. Dakotacare Admin. Servs., Inc., D/B/A Dakotacare &/or Dakotacare Cobra Servs., 455 F.3d 828 (8th Cir. 2006). “The record here is devoid of evidence on both of these crucial matters. We do not need to decide what steps would satisfy this obligation; it suffices to say that Dakotacare has not met the minimum threshold necessary to meet its burden of proof.”
Jimmy Stanton v. Larry Fowler Trucking, Inc., Jimmy Stanton v. Larry Fowler Trucking, Inc., 52 F.3d 723 (8th Cir. 1995). “However, 29 U.S.C. § 1027 (1988) 3 imposes a recordkeeping requirement on administrators.”
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