Company director convicted and fined in prosecution taken by the Pensions Authority

29 December 2016: In Cork District Court, on Wednesday 21 December 2016, Judge Tim Lucey convicted Aidan McGurn, with an address of Derrymihane, Castletownbere, County Cork 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.

There were two summonses before the court, one in relation to his directorship of Aidan McGurn Construction Ltd and the other of AMC Labour Hire Ltd. The employee arrears related to periods between June 2007 and December 2010. Judge Lucey fined Aidan McGurn €1,000 in relation to the first summons and all other matters were taken into consideration. Payment of employee deductions totaling €59,776 which were due to CWPS had been 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.”

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 (“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. 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.