Search This Site

19 Nov 2009: Pension Ombudsman welcomes successful court action by Minister


Pensions Ombudsman welcomes successful court action by Minister in construction industry pensions case
Wexford builder to pay €76,500 plus costs
The Pensions Ombudsman, Mr Paul Kenny, welcomed the decision yesterday in the Wexford Circuit Court to make an Order in favour of the Minister for Social and Family Affairs who had sought to have one of his determinations enforced.
Explaining the background to the case, Mr Kenny said that in 2007 he had made a Determination against Jackman Developments Ltd of Enniscorthy who had failed to include an employee in the insurance scheme which was specifically set up to provide cover for construction workers. In this particular case, the employee had died but because of failure to have him included in the insurance scheme meant that his dependents did not receive the benefit to which they would have been entitled under the scheme. In this case, the benefit amounted to €63,500 and the Determination required Jackman Developments Ltd to pay this amount, which they failed to do. The Pensions Act provides that enforcement of Determinations by the Pensions Ombudsman may be pursued by either a party to the Determination or by the Minister.
"While it has taken some time to bring this matter to conclusion, I am pleased that the court Order provides not just for the payment of the insurers benefit of €63,500 but also for interest amounting to some €13,000, with interest continuing until payment is made, together with the Minister’s costs in taking the action" Mr Kenny said.
For further information contact Mr. Paul Kenny, Pensions Ombudsman at (01) 647 1650, or see
19th November, 2009.