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Personal Data Retention Policy

This document has been prepared by Cheshire Pension Fund (“the Fund”) and sets out the Fund’s policy on the retention of personal data in accordance with data protection legislation applicable to Cheshire West and Chester Council (“the Administering Authority”) when processing personal data. 

 

Please note that the relevant data protection legislation includes the UK Data Protection Act 2018; the UK GDPR (as defined in the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019/419); and to the extent relevant, the General Data Protection Regulation 2016/679 (the "EU GDPR"). In this policy references to the "GDPR" include both the EU GDPR and UK GDPR unless expressly otherwise specified.

 

This policy should be read in conjunction with the Fund’s privacy policy: CPF Privacy Policy

 

Introduction

 

As controllers, we are required by data protection legislation to comply with the principles of data minimisation and storage limitation.  Personal data we process:

 

  • must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed; and

  • must not be kept in a form which permits identification of a data subject for longer than is necessary for the purposes for which the personal data is processed.

 

We are obliged to retain certain records (whether in hard copy or electronic form) for various periods of time because:

 

  • we have a statutory obligation to do so; and/or

  • the information contained in those records may be necessary for the future (for example, questions may arise about the calculation of benefits paid in the past, and data that may be relevant to a possible legal claim needs to be kept until the period within which that claim could be brought has expired).

 

This policy document sets out the measures adopted by the Fund to comply with the principles of data minimisation and storage limitation in relation to personal data that it holds.

 

Types of personal data we hold

 

We hold and process the following types of personal data in relation to members and beneficiaries of the Fund:

 

  • 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, for example, length of service or membership and salary information.

  • Financial information relevant to the calculation or payment of benefits, for example, bank account and tax details.

  • Information about the member’s family, dependents, representatives or personal circumstances, for example, marital status and information relevant to the distribution and allocation of benefits payable on death.

  • Information about the member’s health, for example, to assess eligibility for benefits payable on ill health, or where the member’s 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 the member owing money to the member’s employer or the Fund and the employer or Fund may be reimbursed from the member’s benefits.

 

Retention periods for personal data

 

In compiling our policy on the retention of personal data, we have taken into account the guidelines in the retention of personal data as set out by / in:

 

  • Information and Records Management Society;

  • The National Archives;

  • HMRC compliance handbook manual CH15400;

  • Lord Chancellor’s Code of Practice on the Management of Records issued under Section 46 of the Freedom of Information Act 2000;

  • Information Commissioner's Office's guidance on storage retention; and

  • The Pension Regulator’s General Code of Practice.

 

Data protection legislation requires that we retain personal data for no longer than is necessary in order to fulfil the purpose(s) for which it is processed. Given the long-term nature of pensions, we need to ensure that personal data is retained to:

 

  • comply with our legal and regulatory obligations regarding the payment of benefits from the Fund; and

  • deal with any questions or complaints that we may receive about our administration of the Fund.

 

We will retain personal data 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;

  • 100 years from the member’s date of birth;

  • 100 years from the date of birth of any beneficiary who received benefits from the Fund after the member’s death.

 

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.

 

Members’ and beneficiaries’ rights

 

Beneficiaries form a wider category of people who receive benefits from the Fund, for example the active / deferred / pensioner member’s spouse / child(ren) / dependants who may receive benefits from the Fund following a member’s death.  Members of the Fund and beneficiaries have a right to access and obtain a copy of the personal data that we hold about them and to ask us to correct personal data if there are any errors or it is out of date or incomplete.

 

In certain circumstances a member / beneficiary has the right to:

 

  • object to the processing of their personal data

  • restrict the processing of their personal data until any errors are corrected;

  • transfer their personal data; or

  • erase their personal data.

 

If the exercise of the member’s / beneficiary’s rights would prevent us from paying or continuing to pay a pension from the Fund, we will consider retaining a minimised version of that member’s / beneficiary’s personal data in order to fulfil our legal and regulatory obligations.

 

Participating Employers

 

This policy applies to Cheshire West and Chester Council in its capacity as the administering authority of the Fund.  The Fund intends to produce separate guidance for other participating employers in the Fund about our expectations for the retention by them of personal data we may require to administer the Fund.  That guidance will include a suggested data retention policy that employers can each adopt in relation to their participation in the Fund.  This Policy will be updated when this employer guidance has been made available.

 

Approval and review

 

This version of the Fund’s Personal Data Retention Policy was reviewed and endorsed by the Pension Fund Committee on 6 September 2024.  It will be reviewed at least once every three years, or more frequently as considered appropriate, for example following any important changes to the scheme’s governance arrangements.  After any update it will be reconsidered by the Pension Fund Committee, and key stakeholders to whom the Policy does or may apply will be informed of its reissue.

 

Further information

 

If you require further information about this Policy, please contact:

 

Head of Pension Fund

Sean Greene

Sean.greene@cheshirewestandchester.gov.uk

or

 

Pensions Governance Manager

Aaron Thomas

aaron.thomas@cheshirewestandchester.gov.uk

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