Six month prison sentence imposed on company director in prosecution taken by The Pensions Board
5 April 2013: Today, in Limerick District Court, Judge McCarthy convicted Gerry 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 fine of €5,000 was imposed on the company, Gerry Neilon Scaffolding Ltd, for the same offence. Raymond Neilon, the other director of the company, was not present in court and a bench warrant was issued for his arrest.
Gerry Neilon with an address of Newtown, Pallasgreen, Co. Limerick 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). Raymond Neilon with an address of Lusmore, Commonline, Cappawhite, Co.Tipperary was also convicted of the same offence, however he was not present in Court and a bench warrant was issued for his arrest. Both men had pleaded guilty to the offence.
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.”
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.