Company convicted and fined in prosecution by the Pensions Authority

Thursday 18 May 2017: In Roscommon District Court, on Tuesday 16 May 2017, Judge Gearty convicted James Irwin Construction Ltd for failing to remit employee pension contributions to the trustee of the Construction Workers Pension Scheme (CWPS), within the statutory timeframe pursuant to section 58A(1) of the Pensions Act, 1990, as amended. The company with a registered address of Cloonadra, Lanesboro Post Office, Co. Longford was fined €1,500. Costs of €250 were awarded to the Pensions Authority.

James Irwin Construction Ltd had deducted pension contributions from the wages and salaries of its employees for periods between August 2014 and November 2015 for remittance to the trustee of CWPS but had failed to remit the contributions within the statutory timeframe. However, all outstanding employee contributions due to CWPS for the period of the summons were made 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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For further information, contact:

David Malone

Head of Operations

The Pensions Authority

Tel (01) 6131900

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.