Pensions Authority successfully prosecutes company director for pensions failures

The Pensions Authority has successfully prosecuted a company director for failing to pay employee pension contributions into the Construction Workers Pension Scheme.

The ruling was made at the Waterford District Court on 26 July 2021 by Judge Staunton.

As a result, Alan Kearney, director of Total Facades Limited, was found guilty 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.

Kearney of 39 Cedar View, Forest Road, Swords, Co. Dublin was fined €1,000.

Total Facades Limited had deducted pension contributions from the wages and salaries of its employees between April and August 2018 for remittance to the trustee of CWPS but had failed to remit the contributions within the statutory timeframe. However, a significant portion of the outstanding employee contributions due to the scheme were repaid prior to sentencing.

Commenting on the ruling, 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".

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