29 November 2022: In Cork City District Court on Wednesday 27 July 2022, Judge O’Leary convicted Breifne Hanratty with an address of 42 Ardfield Road, Grange, Douglas, Co. Cork, 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.
In Cork City District Court on Wednesday 26 October 2022, Judge O’Leary convicted Mr Alan Hennessy with an address at 6 Upper Clevedon, Upper Kilmoney Road, Carrigaline, Co. Cork, P43RC67 of the same offence.
Mr Hanratty and Mr Hennessy are a partnership trading as Munster Sealant Services with a registered address of 11 Heatherfield, Carrigaline, Co. Cork, P43TX61. They were each fined €1950 with 10 and 12 months to pay respectively. The Pensions Authority was awarded costs of €500.
Mr Hanratty and Mr Hennessy had deducted pension contributions from the wages and salaries of their employees between July to December 2016, August to December 2017 and January to February 2018 for remittance to the trustee of CWPS but had failed to remit the contributions within the statutory timeframe. However, all outstanding employee and employer contributions due to the scheme were repaid prior to the court date.
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:
Head of Operations
The Pensions Authority
Tel: (01) 6131900