Thursday 23 May 2019: In Cork City District Court, on Wednesday 15 May 2019, Judge O'Leary convicted B.C.L Ventilation Limited 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 Unit 7A Little Island Industrial Estate, Little Ireland, Cork was fined €1,000. Costs of €239 were also awarded to the Pensions Authority.
B.C.L Ventilation Limited had deducted pension contributions from the wages and salaries of employees for periods between July 2017 and April 2018 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 the scheme were repaid 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 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 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 Employment Affairs and 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.