Construction Company Director fined for deduction and non-remittance of employee pension contributions to the Construction Workers Pension Scheme in a prosecution taken by The Pensions Board
11 January 2013: In Portlaoise District Court on Friday 21 December 2012, Judge Staines imposed a fine of €100 on Jonathan Healy, director of J&M Healy Limited with a registered address at O’Moore Forest, Mountmellick, Co. Laois for failing to remit employee pension contributions to the trustee of the Construction Workers Pension Scheme (CWPS) within the statutory time limit. The company had also failed to reply to a statutory request issued by The Pensions Board.
J&M Healy Limited had deducted pension contributions from the wages and salaries of its employees in the months of November 2009 and December 2009, January 2010 to March 2010 and June 2010 and July 2010 for remittance to the trustee of CWPS but had failed to remit the contributions to the trustee within the statutory time frame. However, the totality of the arrears was repaid by the director to the scheme prior to the sentencing hearing.
Commenting on the conviction in this case, the Chief Executive of The Pensions Board, Mr. Brendan Kennedy, said, “This conviction 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:
Head of Operations
The Pensions Board
Tel (01) 6131900
Note to 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 www.pensionsboard.ie
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.