Six month prison sentence imposed on company director after execution of bench warrant, in case taken by The Pensions Board

12 September 2013: In Limerick District Court on Tuesday 10 September 2013, Judge O’Kelly convicted Raymond Neilon, a director of Gerry Neilon Scaffolding Limited, for failing to comply with a statutory request made by The Pensions Board and sentenced him to six months imprisonment. A bench warrant had been issued for his arrest in April when he was not present in court for sentencing. On that date, Gerry Neilon, also a director of Gerry Neilon Scaffolding Limited was convicted of the same offence and sentenced to six months imprisonment.

Raymond Neilon with an address of Lusmore, Commonline, Cappawhite, Co. Tipperary was convicted of failing to comply with a statutory request issued by The Pensions Board pursuant to Section 18 of the Pensions Act 1990, as amended, to furnish it with certain information and documentation relating to deductions made from the wages of employees for the purpose of pension and the associated payments of these contributions to the trustee of The Construction Workers Pension Scheme (CWPS). 

The Pensions Board supervises occupational pension schemes and monitors employers’ compliance with the legislation relating to the collection and remittance of pension contributions.

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.”

-Ends-

For further information, contact:

Maura Howe
Assistant 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.