Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p51
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 51/71)
Character Range: 520720–523568

probability that the defined benefit sub‑fund will be able to pay the pension as required under the fund's governing rules.
 (e) a statement recommending, in relation to the 3‑year period immediately following the valuation date:
 (i) the rate at which, or the range of rates within which, the SMSF actuary considers employer contributions should be made; or
 (ii) if the SMSF actuary considers employer contributions should be made at different rates or within different ranges in respect of 2 or more periods within the 3‑year period—those rates or ranges of rates; and
 (f) a statement, made in accordance with subregulations (3) and (4), regarding the financial position of the fund or the sub‑fund; and
 (g) if the fund or sub‑fund, has been used to reduce or remove the superannuation guarantee charge imposed by section 5 of the Superannuation Guarantee Charge Act 1992:
 (i) a statement that all funding and solvency certificates required under this Part during the period of the investigation to which the report relates were obtained; and
 (ii) a statement of the SMSF actuary's opinion regarding the likelihood of an actuary being able to certify the solvency of the fund or sub‑fund in any funding and solvency certificate that may be required under these regulations during the 3‑year period immediately following the valuation date; and
 (h) if a prescribed event for paragraph 342(4)(a) has occurred in relation to the grant or transfer of a pre‑1 July 1988 funding credit—a statement that the prescribed event has occurred.
 (2) In forming an opinion mentioned in paragraph (1)(b), (1)(c) or (1)(d), the SMSF actuary must consider:
 (a) the position of the fund or sub‑fund at the valuation date; and
 (b) the likely future position of the fund or sub‑fund during the 3 years immediately following the valuation date, based on the SMSF actuary's reasonable expectations.
 (3) In making a statement regarding financial position under paragraph (1)(f), the SMSF actuary must indicate whether the financial position of the fund or sub‑fund, is treated as unsatisfactory under regulation 9.04 and whether that position may, in the SMSF actuary's opinion, be about to become unsatisfactory, taking into consideration the matters referred to in regulation 9.03.
 (4) If, in a statement made under paragraph (1)(f), the SMSF actuary considers that the stated financial position of the fund or sub‑fund is dependent on certain actions being taken, or certain schemes being implemented, the SMSF actuary must indicate this and must include in the statement a detailed description of those actions or schemes.

Division 9.6—Solvency of accumulation funds

9.34  Application
  This Division applies only to accumulation funds other than:
 (a) funds that are part of an exempt public sector superannuation scheme; and
 (b) funds that have never