Circuit Court appeal in prosecution taken by the Pensions Authority for failing to comply with a statutory request for information
18 April 2016: In Limerick Circuit Court on Tuesday 12 April 2016, the appeal of Gerry Neilon and Raymond Neilon (directors of Gerry Neilon Scaffolding Limited) was finalised. Judge O’Donnell suspended the six month sentence imposed on both directors for a period of two years. He also made a payment order of €10,000 as a condition of the suspended sentence. He further granted liberty to the Pensions Authority to re-enter the proceedings if the payment order is not adhered to.
In 2013, Gerry Neilon with an address of Newtown, Pallasgreen, Co. Limerick and Raymond Neilon with an address of Lusmore, Commonline, Cappawhite, Co. Tipperary were convicted for failing to comply with a statutory request issued by the Pensions Authority pursuant to section 18 of the Pensions Act 1990, as amended. 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. A custodial sentence of six months imprisonment was imposed on them by the District Court Judge.
Commenting on this case the Pensions Regulator, Mr. Brendan Kennedy, said, “This case should act as a reminder to all employers and company directors that the Pensions Authority treats the 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.”
For further information, contact:
Head of Operations and Communications
The Pensions Authority
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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.