Privacy Notice – April 2023

The North Yorkshire Pension Fund (NYPF) is responsible for the administration of the Local Government Pension Scheme (LGPS). The service is carried out by North Yorkshire Council (NYC) who is a ‘Data Controller’ as defined by Article 4(7) of the UK General Data Protection Regulation (UK GDPR).

The Council has appointed Veritau to be its Data Protection Officer. Their contact details are:

Information Governance Office
Veritau
West Offices
Station Rise
York
YO1 6GA
infogov@northyorks.gov.uk
01904 552848

The types of data we hold and process will typically include:

• Contact details, including name, address, telephone numbers and email address.
• Identifying details, including date of birth, National Insurance number and employee and membership numbers.
• Information that is used to calculate and assess eligibility for benefits, including length of service or membership and salary.
• Financial information in relation to your membership of the Fund to enable the calculation or payment of benefits, for example bank account and tax details.
• Information about your family, dependents or personal circumstances, for example, marital status and information relevant to the distribution and allocation of benefits payable on death.
• Information about your health, for example, to assess eligibility for benefits payable on ill health, or where your health is relevant to a claim for benefits following the death of a member of the Fund.
• Information about a criminal conviction if this has resulted in you owing money to your employer or the Fund and the employer or Fund may be reimbursed from your benefits.

We obtain some of this personal data directly from you. We may also obtain data from your employer (for example, salary information) and from other sources including public databases.

NYPF collects and processes this data in order to provide you and your beneficiaries with pension benefits. We will also use this personal data for statistical and financial modelling and reference purposes (for example, when we assess how much money is needed to provide members’ benefits and how that money should be invested), and to comply with our legal obligations.

We may also process your personal data to assess and, if appropriate, action a request you make to transfer your benefits out of the Fund.

From time to time we will share your personal data with third parties, including our contractors, advisors, dispute resolution and law enforcement agencies and insurers in order to comply with our obligations under law, and in connection with the provision of services that help us carry out our duties, rights and discretions in relation to the Fund.

We are also required in certain circumstances to share your information with government organisations such as Her Majesty’s Revenue and Customs (HMRC) and the Department for Work and Pensions (DWP) so that they can monitor our performance and ensure that public funds are safeguarded.

We will share your data with any persons in connection with any transfer of employment under TUPE (Transfer of Undertakings (Protection of Employment) regulations) that results in a transfer to another pension scheme.

In order to comply with statutory and contractual obligations, the NYPF may share or disclose your information with any of the following recipients as may be necessary to administer the scheme:

Aon- Scheme actuary* and benefits consultant         

To calculate the value of the scheme’s assets and liabilities, to set employer contribution rates, to calculate specific benefits or to advise on scheme administration functions. (*An adviser on financial questions involving probabilities relating to mortality and other contingencies).
Aon’s Privacy Notice

Heywood Pension Technologies – Pension administration system provider
To process the McCloud remedy and meet the requirements of the Pensions Dashboard.

Ward Hadaway – Scheme legal advisers
To prepare legal documentation in relation to new and existing employers.

Prudential – Scheme AVC provider*
To facilitate the creation and maintenance of individual member’s Additional Voluntary Contributions (AVC) accounts. (*The NYPF is required by law to have an AVC provider. The NYPF partners with Prudential to provide AVC options to its members. Through that arrangement, Prudential hold and process your data in order to administer your AVC account).

Citibank – Overseas payments provider
To transmit payments to scheme members with non-UK bank accounts.

Local Government Association – LGPS National Insurance database
To enable the NYPF to identify if its members have benefits in other LGPS schemes to ensure that appropriate benefits are paid.

Department for Work and Pensions – DWP Tell Us Once service
To enable the NYPF to be notified of the death of a scheme member.

Capita Pension Solutions Limited – Life existence checks and address tracing
To enable the NYPF to be notified of the death of a scheme member and to enable the NYPF to pay pension benefits to a scheme member.

Veritau Ltd and Mazars – Scheme auditors
To enable the audit of processes, calculation of benefits and scheme governance arrangements.

Government Actuary’s Department – National LGPS cost
To facilitate the calculation of the triennial assessment of the cost of the LGPS on a national basis as per the Public Service Pensions Act 2013.

Other LGPS administering authorities – Scheme managers of other LGPS funds
To determine pension benefit entitlements.

We obtain some of this personal data directly from you. We may also obtain data from your employer (for example, salary information) and from other sources including public databases.

Personal data will be retained for the greater of:

• such period as the member (or any beneficiary who receives benefits after the member’s death) are entitled to benefits from the Fund and for a period of 15 years after those benefits stop being paid or
• 100 years from the member’s date of birth or
• 100 years from the date of birth of any beneficiary who received benefits from the Fund after the member’s death

Paper documentation will be retained for 30 years. At the end of the retention period it will be shredded.

During any period when we retain personal data, we will keep that personal data up to date and take all reasonable steps to ensure that inaccurate data is either erased or rectified without delay. We will periodically review the personal data that we retain and consider whether it is still required; any personal data that we no longer require will be destroyed.

The legal basis for our use of your personal data will generally be one or more of the following: 

1. 1. UK GDPR Article 6(1)(a) The individual has given clear consent for you to process their personal data for a specific purpose. This applies to the pension portal only
   2. UK GDPR Article 6(1)(b) The processing of your personal information is necessary for the performance of a contract to which you are party (employment contract).We need to process your personal data to meet our contractual obligations to you in relation to the Fund (for example, under an agreement that you will pay additional voluntary contributions to the Fund), or to take steps, at your request, before entering into a contract. 
   3. UK GDPR Article 6(1)(c) We need to process your personal data to satisfy our legal obligations as the Administering Authority of the Fund; 
   4. UK GDPR Article 6(1)(e) We need to process your personal data to carry out a task in the public interest or in the exercise of official authority in our capacity as a public body;
   5. UK GDPR Article 6(1)(f) We need to process your personal data for the legitimate interests of administering and managing the Fund and liabilities under it, calculating, securing and paying benefits and performing our obligations and exercising any rights, duties and discretions the Administering Authority has in relation to the Fund;
   6. UK GDPR Article 9(2)(b) The processing of your special category data is necessary for the carrying out of obligations and exercising specific rights of the data controller or of the data subject in the field of employment.