24 February 2015: In Tullamore District Court, on Monday 23 February 2015, Judge Catherine Staines convicted DK Partitions and Ceiling Ltd, a limited liability company with a registered address of Drumcooley, Edenderry, County Offaly 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 the period October 2012 to December 2012
DK Partitions and Ceiling Ltd was 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 Staines fined DK Partitions and Ceiling Ltd €500 for breach of section 18 of the Pensions Act and all other matters were taken into consideration. Full payment of all employees’ deductions due to CWPS had been made prior to sentencing. Costs of €520 were also awarded to the Authority.
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.
