31 January 2017: In Bray District Court, on Monday 23 January 2017, Judge Kennedy convicted Bio-Logix Environmental Ltd for failing to remit employee and employer pension contributions, within the statutory timeframe pursuant to section 58A of the Pensions Act, 1990, as amended. The company with a registered address of Unit 11A, Solus Tower Estate, Corke Abbey Avenue, Bray, Co. Wicklow was fined €1,500. A director of the company, Seamus Phelan of 4 Duncairn Avenue, Bray, Co. Wicklow was fined €750. Costs of €670 were awarded to the Pensions Authority.
Bio-Logix Environmental Ltd had deducted pension contributions from the wages of employees between November 2014 and October 2015 for remittance to the pension provider, New Ireland Assurance but had failed to remit the contributions within the statutory timeframe. The company had also failed to pay employer contributions as agreed under contracts for the same period. However, all outstanding arrears were repaid prior to sentencing.
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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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.