337.505 Definition of "prevailing wage" -- Fringe benefits included.
For the purpose of KRS 337.505 to 337.550, the term "prevailing wage" for each
classification of laborers, workmen, and mechanics engaged in the construction of public
works within the Commonwealth of Kentucky, means the sum of:
(1) The basic hourly rate paid or being paid subsequent to the commissioner's most
recent wage determination to the majority of laborers, workmen, and mechanics
employed in each classification of construction upon reasonably comparable
construction in the locality where the work is to be performed; such rate shall be
determined by the commissioner in accordance with paragraphs (a), (b), and (c) of
subsection (3) of KRS 337.520; in the event that there is not a majority paid at the
same rate, then the basic hourly rate of pay shall be the average basic hourly rate
which shall be determined by adding the basic hourly rates paid to all workers in the
classification and dividing by the total number of such workers; and
(2) An additional amount per hour equal to the hourly rate of contribution irrevocably
made or to be made by an employer on behalf of employees within each
classification of construction to a trustee or to a third person pursuant to an
enforceable commitment to carry out a financially responsible plan or program,
which was communicated in writing to the employees affected, for the following
fringe benefits: medical or hospital care, pensions on retirement, death
compensation for injuries or illness resulting from occupational activity or
insurance to provide any of the foregoing, unemployment benefits, life insurance,
disability and sickness insurance, accident insurance, vacation and holiday pay,
defraying costs of apprenticeship or other similar programs, or other bona fide
fringe benefits, but only where the employer is not required by other federal, state or
local law to provide any of such benefits: provided, said additional amount may, at
the discretion of the employer, be paid either in cash to the employee or by
contributions for fringe benefits, or partly in cash and partly by such contributions,
it being the intention of this subsection to recognize fringe benefits as a part of the
prevailing wage rate where made in accordance with this subsection.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1740, effective July 15, 2010. -Amended 1982 Ky. Acts ch. 54, sec. 2, effective July 15, 1982. -- Amended 1974
Ky. Acts ch. 341, sec. 2. -- Amended 1970 Ky. Acts ch. 33, sec. 2. -- Amended 1968
Ky. Acts ch. 33, sec. 1. -- Created 1962 Ky. Acts ch. 173, sec. 1.
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