Bench warrant for the arrest of a construction company director issued at sentencing hearing in prosecution taken by The Pensions Board

25 October 2012: In Kilkenny District Court, on 16 October 2012, Judge Eamon O’Brien issued a bench warrant for the arrest of John O’Brien, a director of Asphalt Roofing Ltd. John O’Brien with an address of 10 Loretto Park, Freshford Road, Co. Kilkenny had failed to appear in court for the sentencing of a case taken by The Pensions Board for failing to remit employee pension contributions to the trustee of the Construction Workers Pension Scheme within the statutory time limit.

The charges against Asphalt Roofing Ltd and Donal O’Regan, the other director of Asphalt Roofing Ltd were struck out by Judge O’Brien as repayments of the arrears were made to the scheme by Mr O’Regan who was present in Court.

Commenting on this case, the Chief Executive of The Pensions Board, Mr. Brendan Kennedy, said, “This case should act as a warning to all employers and company directors that The Pensions Board treats the failure of the employer to remit pension contributions to the trustees of the pension scheme as a very serious offence. We advise any employer with outstanding pension contributions to immediately contact the pension scheme to regularise their position.”


For further information, contact:

David Malone
Head of Operations
The Pensions Board
Tel (01) 6131900

Notes for Editors

The Pensions Board

The Pensions Board is the statutory body established by The Pensions Act 1990 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

Under the Act, the Board has power to investigate the state and conduct of Irish pension schemes, and to ensure that trustees, employers, pension administrators and their advisers comply with the obligations they owe to current and former employees in relation to their pension contributions and benefits.

The Board’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 and or sue any person that contravenes the provisions of the Act.

The Construction Workers Pension Scheme (CWPS)

CWPS is an occupational pension scheme approved by the Revenue Commissioners and registered with The Pensions Board.  It was established pursuant to a Registered Employment Agreement (“REA”) on Construction Industry Pensions, Assurance and Sick Pay, which is registered by the Labour Court and was concluded between employers and employee organisations operating in the construction industry.

Under the REA, all employers operating in the construction industry are required to become a party to an approved contributory pension scheme to provide pension and death-in-service benefits to employees. These obligations are discharged by deducting pension contributions from their employees and remitting them to CWPS or another appropriate scheme.