22 January 2015: In Arklow District Court, on Wednesday 21 January 2015, Eftim Hurley Groundworks Ltd with a registered address of Clonpadden, Arklow, Co. Wicklow and a director of the company, Eftim Hurley pleaded guilty to failing to comply with a statutory request made by the Pensions Authority pursuant to section 18 of the Pensions Act 1990. The request sought information and documentation detailing deductions made from employees’ wages for pension scheme contributions and payments made to the trustee of the pension scheme, the Construction Workers Pension Scheme (CWPS), as a result of allegations that monies were not being remitted to the trustee.
Since the proceedings were initiated the company admitted that employee pension arrears of €2,762 were due to CWPS. These arrears were repaid prior to the prosecution being finalised. A fine of €250 was imposed on both Eftim Hurley Groundworks Ltd and Eftim Hurley.
The Pensions Authority supervises occupational pension schemes and PRSAs and monitors employers’ compliance with the legislation relating to the collection and remittance of contributions.
Commenting on the conviction in this case, the Pensions Regulator, Brendan Kennedy, said, “The conviction today should act as a warning to all employers and company directors that the Pensions Authority treats failure to respond to a request for information by the Authority very seriously. The Authority has a responsibility to enforce this requirement and regards non-compliance as a serious matter.”
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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.
