Company and directors convicted and fined in prosecution taken by the Pensions Authority

Tuesday 25 July 2017: In Tullamore District Court, on Monday, 24 July 2017, Judge Lydon convicted O’Grady Crane Hire Ltd for failing to remit employee pension contributions within the statutory timeframe pursuant to section 58A(1) of the Pensions Act, 1990, as amended.

The company with a registered address of Ballynowlart, Clonbullogue, Edenderry, Co. Offaly was fined €100. The directors of the company, Thomas O’Grady and Liam O’Grady were also convicted and both were fined €100.

O’Grady Crane Hire Ltd had deducted pension contributions from the wages of employees between January 2012 and July 2016 for remittance to the pension provider, Irish Life, but had failed to remit the contributions within the statutory timeframe. However, all outstanding employee contributions due to the scheme for the period of the summons were made prior to sentencing. Costs of €235 were also paid to the Pensions Authority.

Commenting on the conviction in this case, the Pensions Regulator, Brendan Kennedy, said, “This conviction should act as a warning to all employers and company directors that the Pensions Authority treats the failure of the employer to remit pension contributions as a very serious offence. We advise any employer with outstanding pension contributions to immediately regularise their position.”

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For further information, contact:

David Malone

Head of Operations

The Pensions Authority

Tel: (01) 6131900

Note to Editors

The Pensions Authority

The Pensions Authority (the “Authority”) is the statutory body established by the Pensions Act 1990 (the “Act”) to regulate occupational pension schemes, trust based RACs and Personal Retirement Savings Accounts (PRSAs) and to advise the Minister for Social Protection on overall pension policy development. See www.pensionsauthority.ie

Under the Act, the Authority has power to carry out investigations into alleged breaches of the Act and to ensure that trustees, employers, pension administrators and their advisers comply with their obligations to current and former employees in relation to their pension contributions and benefits.

The Authority’s powers allow it to conduct on-site visits without notice, seize and copy relevant documents; enter dwellings on foot of a warrant, and to prosecute any person that contravenes the provisions of the Act.