Brian Hayes (Dublin South West, Fine Gael)

The Commissioners have significant oversight authority to review instances where benefits are adjusted as a result of the payment of the levy to ensure that such adjustment is made in accordance with the requirement of the levy legislation. That power is already in place for the Commissioners to use at their discretion. That requires a level of public awareness of the role of the Commissioners and of the rights of consumers who pay into these products. The more cases that are brought to the attention of the Commissioners, the greater the number that can come out of that.

The trustees can reduce the benefits of any member, or class of members, up to the amount of their share of the levy, but not by more. Trustees do not have any obligation under this wording to reduce the benefits of all members by the same amount, though their freedom to be too arbitrary would be constrained by trust law considerations. The Revenue Commissioners have the powers to make these findings where cases are brought to their attention.