§ 5.23 - The statutory provisions.

§ 5.23 The statutory provisions.

Cross Reference

Link to an amendment published at 88 FR 57744, Aug. 23, 2023.

The fringe benefits provisions of the 1964 amendments to the Pursuant to the Davis-Bacon Act are, in part, as follows:

(b) As used in this Act the term “wages”, “scale of wages”, “wage rates”, “minimum wages”, and “prevailing wages” shall include—

(1) The

as amended and codified at 40 U.S.C. 3141(2), the term “prevailing wages” and similar terms include the basic hourly rate of pay

; and

(2) The amount of—

(A) The rate of contribution

and, for the listed fringe benefits and other bona fide fringe benefits not required by other law, the contributions irrevocably made by a contractor or subcontractor to a trustee or

to a

third

person

party pursuant to a bona fide fringe benefit fund, plan, or program

; and (B) The rate of

, and the costs to the contractor or subcontractor

which

that may be reasonably anticipated in providing

benefits to laborers and mechanics

bona fide fringe benefits pursuant to an enforceable commitment to carry out a financially responsible plan or program, which was communicated in writing to the affected laborers and mechanics

affected,

for medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the contractor or subcontractor is not required by other Federal, State, or local law to provide any of such benefits * * *.

. Section 5.29 discusses specific fringe benefits that may be considered to be bona fide.

[88 FR 57744, Aug. 23, 2023]