| Notwithstanding the foregoing rules relating to the inclusion of fringe benefits and cost of living increases in prevailing wage determinations, the Industrial Commission will not include these items in prevailing wage determinations as provided in these rules until such time as it is ultimately determined by an appellate court that the Maricopa County Superior Court judgment in C & D Pipelines v. Industrial Commission, et al, No. C 320557 and No. C.326835 (Consolidated) which excluded fringe benefits and cost of living increases from prevailing wage determinations cannot be sustained.
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