§ 5.26 “* * * contribution irrevocably made * * * to a trustee or to a third person”.

(a) Requirements. The following requirements apply to any fringe benefit contributions made to a trustee or to a third person pursuant to a fund, plan, or program:

(1) Such contributions must be made irrevocably;

(2) The trustee or third person may not be affiliated with the contractor or subcontractor;

(3) A trustee must adhere to any fiduciary responsibilities applicable under law; and