26 November 2014: In Clonmel District Court on Tuesday 25 November 2014, Judge Terence Finn convicted Paul Kendrick Decorators Limited, a limited liability company now in liquidation, with a registered address of Unit 11L Ard Gaoithe Business Park, Cashel Road, Clonmel, Co. Tipperary and company director Mr. Paul Kendrick, with an address of 3 Northgate, Fethard Road, Clonmel, Co. Tipperary, 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 employee arrears related to 11 months from January 2012 to January 2013.
The company and Mr. Kendrick 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.
Judge Finn fined Mr Kendrick €3,000 for breach of section 58A(1) of the Pensions Act and all other matters were taken into consideration. Full payment of all employee arrears had been made prior to sentencing. Costs of €708 were also awarded to the Authority.
Commenting on the conviction in this case, the Pensions Regulator, Brendan Kennedy, said, “The non-remittance of pension contributions has a significant effect on pension scheme members. The Pensions Authority treats this issue seriously and advises employers in such a position to contact the trustees of their pension scheme immediately.”
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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.
