Data Sharing and Governance Act 2019
PART 5 Public service information | ||
Definitions (Part 5) | ||
23. (1) In this Part— | ||
“Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ; | ||
“Act of 2011” means the Ministers and Secretaries (Amendment) Act 2011 ; | ||
“Act of 2012” means the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 ; | ||
“administration”, in relation to a pension scheme, includes the technical and organisational measures implemented by a public service body for the purposes of the administration of the scheme; | ||
“anonymised” in relation to personal data, means processed such that the personal data can no longer be attributed to a specific data subject; | ||
“child” has the same meaning as it has in Part 2 of the Act of 2012; | ||
“civil partner” shall be construed in accordance with section 3 of the Act of 2010; | ||
“former scheme member” means a person who was a member of a public service pension scheme during the period of his or her employment with a public service body, irrespective of whether or not an entitlement has vested in that person as a member of that scheme; | ||
“pension adjustment order” means an order under— | ||
(a) section 12 of the Family Law Act 1995 , | ||
(b) section 17 of the Family Law (Divorce) Act 1996 , | ||
(c) section 121 of the Act of 2010, or | ||
(d) section 187 of the Act of 2010; | ||
“pension scheme beneficiary” means a person, other than a scheme member, former scheme member or pensioner, who has or had an entitlement to a benefit under a public service pension scheme; | ||
“pension scheme membership information” means the information held by or on behalf of a public service body for the purposes of— | ||
(a) keeping full and proper account of the contributions paid or repaid under a public service pension scheme by a scheme member or a former scheme member, | ||
(b) keeping full and proper account of the benefits accrued by or restored to a scheme member or a former scheme member under a public service pension scheme, | ||
(c) keeping full and proper account of all benefits paid or payable to a scheme member, a former scheme member, a pensioner or any other pension scheme beneficiary under a public service pension scheme, | ||
(d) determining the eligibility of a person under a public service pension scheme, | ||
(e) calculating or recalculating the contributions and benefits referred to in paragraphs (a) and (b), or | ||
(f) the effective administration of a public service pension scheme; | ||
“pensioner” means a person who— | ||
(a) is entitled to the payment of a public service pension under a public service pension scheme, | ||
(b) has a preserved benefit under a public service pension scheme, or | ||
(c) is the surviving spouse, civil partner, cohabitant (or surviving former spouse, civil partner or cohabitant) or child of a scheme member or former scheme member who is entitled or may become entitled to the payment of a public service pension; | ||
“pre-existing public service pension scheme” has the same meaning as it has in Part 2 of the Act of 2012; | ||
“preserved benefit” has the same meaning as it has in the Public Service Superannuation (Miscellaneous Provisions) Act 2004 ; | ||
“pseudonymised” in relation to personal data, means processed such that the personal data can no longer be attributed to a specific data subject without the use of additional information, where such additional information is— | ||
(a) kept separately from the personal data, and | ||
(b) subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person; | ||
“public servant” means— | ||
(a) a person who is employed by, or holds any office or other position in, a public service body, | ||
(b) the President, | ||
(c) a Minister of the Government or Minister of State, | ||
(d) a member of Dáil Éireann, | ||
(e) a member of Seanad Éireann, | ||
(f) the holder of a judicial office, | ||
(g) the Comptroller and Auditor General, | ||
(h) a member of a local authority, or | ||
(i) any other person who is a member of a public service pension scheme; | ||
“public service body” has the same meaning as it has in Part 2 of the Act of 2012, subject to the modification that the reference to the Civil Service in the definition of “public service body” in section 5 of that Act shall be construed as a reference to a person or body whose employees are civil servants (within the meaning of the Civil Service Regulation Act 1956 ); | ||
“public service pension” means a periodic payment of a pension or other benefit by whatever name called, which is not a lump sum, payable to or in respect of a public servant or former public servant under a public service pension scheme; | ||
“relevant authority” has the same meaning as it has in Part 2 of the Act of 2012; | ||
“scheme member” means a public servant who is a member of a public service pension scheme, irrespective of whether or not an entitlement has vested in that public servant as a member of that scheme; | ||
“statutory pensions appeal” means a process provided for in an enactment for the resolution of a dispute in relation to an entitlement under a public service pension scheme; | ||
“transfer network” has the same meaning as it has in Part 2 of the Schedule to the Rules for Pre-existing Public Service Pension Scheme Members Regulations 2014 ( S.I. No. 582 of 2014 ). | ||
(2) For the purposes of this Part “cohabitant” has the meaning assigned to it in subsection (1) of section 172 of the Act of 2010 and, in determining whether or not 2 persons are cohabitants, regard shall be had to the circumstances that a court has to take into account under subsection (2) of that section. | ||
(3) In this Part a reference to an entitlement includes a reference to a past, present, future, actual or contingent entitlement. |