How to ask a retirement plan for your records (ERISA request letter)
What to ask for, which laws to cite, the 30-day and 90-day deadlines, and what to do if the plan does not answer.
A written request starts legal deadlines that a phone call does not. Send it to the plan administrator named in the plan's latest Form 5500 report, by certified mail, and keep a copy.
What to ask for
- Plan documents under ERISA section 104(b)(4): the summary plan description, the plan document and amendments for your years, and any merger or trust agreement covering your account.
- Your account history under ERISA section 105: every contribution, transfer and distribution.
- A search of the plan's records and any predecessor or successor plan by name, date of birth, employee ID and past addresses, not by Social Security number alone. Records from years ago sometimes carry a wrong number.
- Distribution records if money left the plan: date, amount, recipient and any IRA provider.
Deadlines
- Documents: the administrator should send them within 30 days. A court can impose a penalty of up to $110 a day for failing to provide requested documents.
- Benefit claims: the plan generally must decide within 90 days, extendable once by 90 days with written notice.
- Appeals: you usually have at least 60 days after a denial to appeal.
If the plan does not answer
Contact the Department of Labor's EBSA Benefits Advisors at 1-866-444-3272 or askebsa.dol.gov. They contact plans for free.
Search your employer and Attovar drafts this letter for you, addressed to the plan that holds the money today, with the plan's name and numbers filled in and blanks for your personal details.
Sources
- 29 U.S.C. 1024(b)(4): Furnishing documents on request
- 29 CFR 2560.503-1: Claims procedure
- EBSA: Ask a benefits advisor
Reviewed October 2026. Information only, not legal or tax advice.