Man Pleads Guilty To Four Charges Of Failing To Pay Into A Pension Plan For Employees & Failing To Keep Proper Records.
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By Alric Lindsay
Israel Hawkins, trading as “Spoons,” appeared in the Summary Court today, July 15, 2025, to face four charges of failing without reasonable cause to provide a pension plan for employees, and two charges of failing to keep or maintain proper records. He pleaded guilty to the charges and is expected to be sentenced on August 25, 2025.
Background and details of pleas
Regarding the first count, it was alleged in court that between October 1, 2022 and December 11, Hawkins failed without reasonable cause to pay contributions of $3,521 to a pension plan for Doris Gillen, an employee.
For the second count, it was alleged that between May 2023 and May 2024, Hawkins failed to contribute $1,605.72 to a pension plan for Renee Young.
Concerning the third count, it was alleged that between the October 1, 2022 and April the 12, 2023, Hawkins failed to pay contributions of $1,124.12 into a pension plan for another employee.
Regarding the fourth count, it was alleged that between October 21, 2022, and January 20, 2025, Hawkins failed to pay contributions of $3,450.95 into a pension plan for Dennis Gillen.
Looking at the failure to keep records, it was alleged that on or before August 14, 2024, Hawkins knowingly and willfully failed to keep proper payroll accounts, books or records with respect to all sums of monies paid into a pension plan.
Lastly, on or before August 14, 2024, Hawkins was charged with failing to keep and maintain records for employees.
When the Crown Counsel from the Office of the Director of Public Prosecutions was asked about the status of payments to date, DPP Crown Counsel confirmed that he was unaware of any payments being made to date.
After hearing DPP Crown Counsel, the Chief Magistrate told Hawkins it would be in his best interests to start making some kind of payments towards the outstanding amounts.
Hawkins is expected to be sentenced on August 25, 2025.
Note to readers
The obligation for an employer to establish a pension plan is covered under section 4(1) of the National Pensions Act. This states:
4. (1) Subject to section 25(2), every employer in the Islands shall provide a pension plan or make contribution to a pension plan for every person employed by that employer in the Islands which shall, at the employer’s discretion, be either a defined benefit pension plan or a defined contribution pension plan and the specific pension plan shall be selected in the prescribed manner.
The obligation for an employer to keep proper records is covered under section 18A of the National Pensions Act. This states:
18A.(1) An employer shall cause to be kept proper payroll accounts, books and records
with respect to all sums of money paid by the employer to a pension plan.
(2) For the purposes of subsection (1), proper payroll accounts, books and records
shall not be deemed to be kept if there are not kept such payroll accounts, books
and records as are necessary to give a true and fair view of the state of affairs of
the employer with regards to a pension plan and to explain its transactions.
(3) An employer shall cause all books of account required to be kept under
subsection (1) to be retained for a minimum period of five years from the date
on which they are prepared.…
(8) A person who contravenes this section commits an offence and is liable on summary conviction to a fine of one hundred thousand dollars or to imprisonment for a term of five years, or to both.
