Breeda Moynihan-Cronin (Kerry South, Labour)
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Question 93: To ask the Minister for Social and Family Affairs the steps he will take arising from criticism by the Pensions Ombudsman of what he called the theft by employers of pension contributions deducted from employees but not remitted to pension schemes, particularly in the construction sector; and if he will make a statement on the matter. [37604/06]

Séamus Brennan (Dublin South, Fianna Fail)
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The Pensions Act 1990 contains a number of provisions relating to the payment of contributions deducted from pension scheme members. Under the Act, employers who deduct pension contributions are required to remit those contributions to the scheme trustees within 21 days following the month in which the deduction was made. Employers are also required to provide employees with regular statements outlining the contributions which have been remitted to the trustees on their behalf.

Employers who deduct pension contributions from employees and who fail to remit these contributions to the scheme trustees are in breach of Section 58A of the Pensions Act. The Pensions Board is the body responsible for monitoring and enforcing the provisions of the Pensions Act and will fully investigate all such cases which are brought to its attention. The primary aim must be to ensure that the contributions are paid so that pension entitlements are not affected. The Board will also consider prosecuting the employers in such cases where there is sufficient evidence available to support such a prosecution.

It is also open to an individual to pursue a complaint of maladministration of the pension scheme through the Office of the Pensions Ombudsman who will investigate and make an appropriate determination which can only be appealed to the High Court. The Pensions Ombudsman has, I understand, referred a number of such cases from the construction sector to the Pensions Board for further investigation and action and these are being examined at present.