Part 1 – Authority, commencement and interpretation

1 Name of legislative instrument

This instrument is Superannuation Technical Determination No. 1 of 2023 – Actual and benchmark return formulae modifications.

2 Commencement

This instrument commences on the day after it is registered on the Federal Register of Legislation.

Note: The register may be accessed at www.legislation.gov.au.

3 Authority

This instrument is made under subregulations 9AB.12(4A) and 9AB.14(9A) of the Superannuation Industry (Supervision) Regulations 1994.

4 Definitions

In this instrument:

Act means Superannuation Industry (Supervision) Act 1993.

actual return formula means the formula specified in subregulation 9AB.12(2) of the Regulations.

benchmark return formula means the formula specified in subregulation 9AB.14(2) of the Regulations.

change of lifestage, in relation to a lifecycle Part 6A product, means if the following circumstances exist:

(a) the product has particular lifestages at the end of a quarter in a lookback period for the product in respect of a financial year; and

(b) the product has different lifestages at the end of a later quarter in the lookback period.

Note 1: A later quarter mentioned in paragraph (b) must immediately follow the quarter mentioned in paragraph (a).

Note 2: For the lookback period, a lifecycle Part 6A product may undergo one or more changes of lifestage.

change event means the date of a change of lifestage in relation to a lifecycle Part 6A product other than due to:

(a) the deletion of a lifestage catering to an older membership cohort due to insufficient members; or

(b) the creation of a lifestage to cater for a younger membership cohort.

day X means the day prior to the change event.

lifecycle Part 6A product has the meaning given in regulation 9AB.3 of the Regulations.

lookback period has the meaning given in regulation 9AB.6 of the Regulations.

MySuper product has the meaning given in subsection 10(1) of the Act.

Part 6A product has the meaning given in section 60B of the Act.

Regulations means the Superannuation Industry (Supervision) Regulations 1994.

5 Application

This instrument applies to an RSE licensee of a superannuation entity that offers a Part 6A product that is both a MySuper product and a lifecycle Part 6A product.