Superannuation Industry (Supervision) Regulations 1994

PART 9 - FINANCIAL MANAGEMENT OF FUNDS  

Division 9.3 - Funding and solvency of defined benefit funds  

REGULATION 9.16   NON-COMPLIANCE WITH SOLVENCY REQUIREMENT - TECHNICAL INSOLVENCY  

9.16(1)   [Declaration by actuary]  

If a superannuation actuary, in the course of carrying out actuarial functions in relation to a defined benefit fund, other than a fund that is technically insolvent, discovers that he or she is unable to certify the solvency of the fund as required under these regulations, the superannuation actuary must, as soon as practicable:

(a) declare, in writing signed by the superannuation actuary, that the fund is technically insolvent on the date on which the declaration is made; and

(b) deliver to the trustee a copy of the declaration of technical insolvency.

9.16(2)   [Date of insolvency]  

A defined benefit fund is, for the purposes of these regulations, taken to be technically insolvent on and from the declared date.