MARVIN MANDEL, Governor                      1305

SHALL NOT MEAN ANY STATE AGENCY FUNDED PRIMAR-
ILY FROM SOURCES OTHER THAN THE STATE, NOR SHALL
IT MEAN ANY COUNTY OR MUNICIPAL CORPORATION, OR
ANY DEPARTMENT, OFFICER, BOARD, COMMISSION, OR
AGENCY THEREOF.

(e) "Prevailing hourly rate of wages," "prevailing hourly wage
rate," "prevailing rate of wages," "prevailing wage rate," "prevail-
ing hourly wage," "prevailing wage," "rate of wages" and "wage
rates" include:

(1)    the basic hourly rate of pay; and

(2)    the amount of:

(i) the rate of contribution irrevocably made by a contractor,
subcontractor, or third person pursuant to a fund, plan, or program
which provides for medical, surgical, or hospital care or benefits or
pensions on retirement, disability, or death, including any profit-
sharing plan which provides benefits at or after retirement, com-
pensation for injuries or illness resulting from occupational activity,
or insurance to provide any of the foregoing; for unemployment
benefits, life insurance or accident insurance; for vacation and holi-
day pay; for defraying costs of apprenticeship or other similar pro-
grams; or for other bona fide fringe benefits, but only if the contrac-
tor is not required by federal, state, or local law to provide any of
such benefits; and

(ii) the rate of costs to the contractor or subcontractor which
may be reasonably anticipated in providing the fringe benefits speci-
fied in paragraph (2)(i) to workmen and apprentices pursuant to
an enforcible commitment to carry out a financially responsible plan
or program which is communicated in writing to the workmen and
apprentices affected.

Provided, that the obligation of a contractor or subcontractor to
make payment in accordance with the schedules of prevailing hourly
wage rates established by the Commissioner and fixed in contracts
pursuant to this subtitle may be discharged by the making of pay-

ments in cash, by the making of contributions of a type referred to

in paragraph (2) (i), or by the assumption of an enforcible com-
mitment to bear the costs of a plan or program of a type referred to
in paragraph (2) (ii) or any combination thereof, if the aggregate
of any such payments, contributions, and costs is not less than the
rate of pay described in paragraph (2) (i) plus the amount referred
to in paragraph (2) (ii).

(e)    "Workman" means laborer, workman, and mechanic.

(f)    "Apprentice" means a person at least sixteen (16) years of
age who has entered into a written agreement with an employer or
his agent, an association of employers or an organization of em-
ployees, or a joint committee representing both, which states the
trade, craft, or occupation which the apprentice is to be taught and
the time at which the