13 January 2015: In Dublin District Court, on Monday 12 January 2015, Judge John O’Neill convicted CAG Manufacturing Ltd (In Liquidation), a limited liability company with a registered address of Stepaside Hill, Stepaside, Co. Dublin for failing to remit employee pension contributions to the trustee of the Construction Workers Pension Scheme (CWPS) within the statutory time limit pursuant to section 58A(1) of the Pensions Act, 1990, as amended. The Company was fined €3,000. A director of the company, Christopher Gray, was also convicted and fined €300.
CAG Manufacturing Ltd (In Liquidation) had deducted pension contributions from the wages and salaries of its employees during the period May 2011 to March 2012 for remittance to the trustee of CWPS but had failed to remit the contributions to the trustee within the statutory timeframe.
The company and Mr. Gray were further convicted of failing to comply with a statutory request issued by the Pensions Authority pursuant to section 18 of the Pensions Act, 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 CWPS. These matters were taken into consideration.
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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For further information, contact:
David Malone
Head of Operations and Communications
The Pensions Authority
Tel (01) 6131900
Note to Editors
The Pensions Authority
The Pensions Authority 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.pensionsauthority.ie
Under the Act, the Authority has power to carry out investigations into alleged breaches of the Pensions 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.
The Construction Workers Pension Scheme (CWPS)
CWPS is an occupational pension scheme approved by the Revenue Commissioners and registered with the Pensions Authority.
