Two construction company directors convicted for failing to comply with a statutory request made by The Pensions Board

Thursday 12 May 2011: In Mallow District Court on Tuesday 10 May 2011, Joe and Anne McSweeney, with an address at Cloughlucas, Ironmines, Mallow, Co. Cork were both convicted for failing to comply with a statutory request made by The Pensions Board. They were each fined €2,500 with 4 months to pay. The Board was also awarded its costs. The case was heard by Judge Kelleher who noted the seriousness of the offence before him.

Joe and Anne McSweeney, who were directors of Joe McSweeney Limited, which has since been dissolved, were convicted of failing to comply with a statutory request made by the Pensions Board pursuant to section 18 of the Pensions Act 1990, to furnish certain information and documentation detailing deductions made from employees wages for pension scheme contributions to the Pensions Board within a specified timeframe. This information included records of remittals, made in relation to the construction workers pension scheme from April 2007 to 31 August 2010; and payslips and/or payroll documentation for each employee for whom a pension deduction has been made for remittal to the construction workers pension scheme from April 2007 to 31 August 2010.

The Pensions Board supervises occupational pension schemes and monitors employers’ compliance with the legislation relating to the collection and remittance of pension contributions.

Commenting on the conviction in this case, the Chief Executive of the Pensions Board, Mr. Brendan Kennedy, said, “The conviction today should act as a warning to all employers and company directors that The Pensions Board treats failure to respond to a request for information by the Board very seriously. The Board has a responsibility to enforce this requirement and regards non-compliance as a serious matter.”

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For further information:
David Malone
Head of Information
The Pensions Board
Tel (01) 6131900/ 087 6857743

Note to Editors

The Pensions Board

The Pensions Board 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.pensionsboard.ie

Under the Act, the Board has power to investigate the state and conduct of Irish pension schemes, and to ensure that trustees, employers, pension administrators and their advisers comply with the obligations they owe to current and former employees in relation to their pension contributions and benefits.

The Board’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 and or sue any person that contravenes the provisions of the Act.

 
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