Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p45
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 45/71)
Character Range: 505705–508516

further special funding and solvency certificate required under subregulation (6) takes effect must be the date immediately following the concluding date of the previous special funding and solvency certificate.
 (9) In a special funding and solvency certificate relating to a defined benefit fund, a superannuation actuary must:
 (a) specify the date on which the certificate takes effect, in accordance with subregulation (5) and (8); and
 (b) identify any event relating to the fund that, if the event occurs during the period when the certificate is in force, should, in the opinion of the superannuation actuary, require the certificate to cease to have effect and a new certificate to be obtained; and
 (c) specify the date on which the certificate expires, in accordance with subregulation (10); and
 (d) certify the minimum contributions reasonably expected by the superannuation actuary to be required to secure the solvency of the fund at the end of the period of technical insolvency; and
 (e) certify the improvement (if any) in the level of the minimum benefit index from its level at the effective date of the immediately preceding funding and solvency certificate relating to the fund.
 (10) The date specified under paragraph (9)(c) as the date on which the certificate expires must be a date that is 12 months after the effective date of the certificate.

9.19  Technical insolvency programs—procedure
 (1) This regulation sets out the procedure to be followed in relation to a defined benefit fund to which this Division applies during any period of technical insolvency of the fund.
 (2) An employer‑sponsor of the fund must continue to pay contributions that are not less than the certified minimum contributions as required under regulation 9.08.
 (3) The trustee of the fund must secure the services of a superannuation actuary for the fund who accepts responsibility for the actuarial management of the fund during the period of technical insolvency, including responsibility for the provision of special funding and solvency certificates and any approvals required under subregulation (4).
 (4) The trustee must not make any payment from the fund unless, in respect of a payment:
 (a) the responsible actuary gives written approval for that particular payment to be made; or
 (b) the amount of the payment is determined in accordance with a scheme for payment approved in writing by the responsible actuary.
 (5) If, during a period of technical insolvency of a fund, the responsible actuary for the fund is no longer willing or able to accept responsibility for the fund, the responsible actuary must, if practicable, inform the Regulator and the trustee that this is the case, giving the actuary's reasons.
 (6) As soon as a trustee of a fund becomes aware that the responsible actuary