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.