Superannuation Industry (Supervision) Regulations 1994

PART 9 - FINANCIAL MANAGEMENT OF FUNDS  

Division 9.7 - Winding-up of accumulation funds  

REGULATION 9.41   INTERPRETATION  

9.41(1)   [Definitions]  

In this Division:

fund's actuary
means a superannuation actuary whose services are secured under subregulation 9.39(2) .

minimum guaranteed benefit
, in relation to a member of an accumulation fund, has the same meaning as in Division 9.6 .

net realisable value of the assets at the winding-up date
, in relation to an accumulation fund, means the amount calculated by deducting from the amount received on realisation of those assets the sum of:


(a) the actual cost of disposing of the assets of the fund; and


(b) the administration and other costs associated with winding-up proceedings in respect of the fund.

period of technical insolvency
, in relation to an accumulation fund, has the same meaning as in Division 9.6 .

winding-up date
, in relation to an accumulation fund, means the date at which the trustee determines the allocations to be made, under the winding-up proceedings, to members of the fund in respect of their benefit entitlements.

9.41(2)   [Reference to accumulation fund being solvent]  

In this Division, a reference to an accumulation fund being solvent at the winding-up date is to be read as a reference to the net realisable value of the assets at the winding-up date being equal to or greater than the minimum guaranteed benefits of members of the fund at that date.

9.41(3)   [Reference to fund being technically insolvent]  

In this Division, a reference to an accumulation fund being technically insolvent at the winding-up date is to be read as a reference to the net realisable value of the assets at the winding-up date being less than the minimum guaranteed benefits of members of the fund at that date.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.