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FUTURE FUND ACT 2006 - SCHEDULE 3

Target asset level declarations

Note:       See section 13.

   

   

1   Simplified outline

                   The following is a simplified outline of this Schedule:

•       The designated actuary is an actuary specified in a determination made by the nominated Minister.

•       The target asset level is specified in a declaration (a target asset level declaration ) given by the designated actuary.

•       The target asset level represents the amount that is expected to offset the present value of projected unfunded superannuation liabilities.

2   Designated actuary

             (1)  For the purposes of this Act, the designated actuary is an actuary specified in a written determination made by the nominated Minister under this subclause.

Note:          For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .

             (2)  A determination under subclause (1) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003 .

             (3)  As soon as practicable after a determination is made under subclause (1), the Chair must cause a copy of the determination to be published on the internet.

3   Target asset level declarations

             (1)  The designated actuary may give the responsible Ministers:

                     (a)  a written declaration stating that a specified amount is the target asset level for a specified financial year; and

                     (b)  a written statement setting out the designated actuary's reasons for specifying the target asset level.

             (2)  A declaration under subclause (1) is to be known as a target asset level declaration for the financial year concerned.

             (3)  2 or more target asset level declarations may be set out in the same document.

             (4)  A target asset level declaration for a particular financial year may be given before or during the financial year.

             (5)  A target asset level for a particular financial year must not be specified in a target asset level declaration unless the designated actuary is satisfied that:

                     (a)  if the balance of the Fund, as at the start of the financial year, were equal to the target asset level for the financial year;

the balance of the Fund would (based on the designated actuary's best estimate) be expected to offset:

                     (b)  the present value of projected unfunded superannuation liabilities in respect of services rendered before the start of the financial year.

             (6)  A target asset level declaration for a particular financial year remains in force until whichever is the earliest of the following:

                     (a)  the end of the financial year;

                     (b)  the occurrence of an event specified in the declaration;

                     (c)  if the declaration is revoked--the time when the declaration is revoked.

             (7)  The designated actuary must take all reasonable steps to ensure that:

                     (a)  the first target asset level declaration is given as soon as practicable after the commencement of this clause; and

                     (b)  if a target asset level declaration for a particular financial year ceases to be in force before the end of the financial year--a new target asset level declaration for the financial year is given as soon as practicable afterwards; and

                     (c)  not more than one target asset level declaration for the same financial year is in force at the same time; and

                     (d)  not more than 5 target asset level declarations for different financial years are in force at the same time.

             (8)  A target asset level declaration may be revoked, but not varied, in accordance with subsection 33(3) of the Acts Interpretation Act 1901 .

             (9)  A target asset level declaration is not a legislative instrument for the purposes of the Legislative Instruments Act 2003 .

           (10)  As soon as practicable after receiving:

                     (a)  a target asset level declaration; and

                     (b)  a statement setting out the designated actuary's reasons for specifying the target asset level;

the nominated Minister must cause:

                     (c)  a copy of the declaration; and

                     (d)  a copy of the statement;

to be published on the internet.

           (11)  If a target asset level declaration ceases to be in force, the cessation does not affect:

                     (a)  the crediting of an amount to the Fund Account; or

                     (b)  the transfer of a financial asset to the Board; or

                     (c)  the debiting of an amount from the Fund Account;

before the cessation.

4   Reliance on projections when making target asset level declarations etc.

                   In making a target asset level declaration, the designated actuary may:

                     (a)  rely on, or have regard to, the projections, findings, estimates, opinions or conclusions of any other actuaries who have conducted, or are conducting, actuarial reviews of:

                              (i)  a scheme under which superannuation benefits are payable; or

                             (ii)  a South Australian railways arrangement; or

                            (iii)  a Tasmanian railways arrangement; and

                     (b)  make such assumptions and estimates as the designated actuary considers reasonable; and

                     (c)  have regard to such other matters as the designated actuary considers relevant.




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