Payment plan offered in pension charges

Employer to pay $269,024.92 by Dec. 15, 2017

Representatives of the Hurlstone group of companies appeared in Summary Court on Thursday for an update on charges of failing to contribute to a pension plan for employees and failing to pay arrears within the time given by the Superintendent of Pensions.

Attorney Charmaine Richter confirmed a proposal to pay $269,024.92. A payment of $50,000 is to be made by April 30, with another $50,000 to be paid by Dec. 15. A third payment of $50,000 is to be made by June 15, 2017. The balance of $119,024.92 is to be paid by Dec. 15, 2017.

Crown counsel Kenneth Ferguson told Magistrate Grace Donalds, “The Crown’s position in respect of these matters is that we want the monies to be paid over by the companies operating in the Cayman Islands regarding pensions for their employees who qualify. We bend over backwards,” he said.

The charges date from 2011 and relate to Hurlstone Ltd., Hurlstone General Contractors Ltd., Cayman Steel Ltd., Pro-Electric Ltd., Construction Equipment Services Ltd. and Construction Management Ltd.

File notes indicate that the matter first came to court in 2011. In September 2012, representatives of the companies and of the Pensions Office were in discussion regarding payment, and by April 2013 “substantial progress” was being made. There were six more court appearances before the figure owed was agreed on.

The court continued to monitor progress over five dates in 2015.

On Thursday, Mr. Ferguson advised that the charges would have to be amended in regard to the time frame in which pensions contributions had not been made. He asked for another mention on May 26 to see if the proposed first payment in April had been made.