1.  ’Employment’ includes service performed in the employ of an Indian tribe, or of any political subdivision thereof, or of any subsidiary or business enterprise wholly owned by an Indian tribe alone or in conjunction with one or more other Indian tribes or political subdivisions thereof, which is excluded from the definition of ’employment’ by the provisions of 26 U.S.C. § 3306(c)(7), as amended, except service:

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(a) As an elected official;

(b) As a council member or a member of the judiciary of a tribe or a political subdivision thereof;

(c) In employment serving on a temporary basis in case of fire, storm, snow, earthquake, flood or similar emergency;

(d) In a position which, pursuant to tribal law, is designated as a major nontenured policymaking or advisory position, or a policymaking or advisory position the performance of the duties of which ordinarily does not require more than 8 hours per week; or

(e) By an inmate of a custodial or penal institution.

2.  ’Employment’ does not include service performed:

(a) In a facility conducted for the purpose of carrying out a program of rehabilitation for persons whose earning capacity is impaired by age or physical or mental deficiency or injury, or providing remunerative work for persons who, because of their impaired physical or mental capacity, cannot be readily absorbed in the competitive labor market, by a person receiving such rehabilitation or remunerative work; or

(b) As part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any federal agency or an agency of a state or political subdivision thereof, by a person receiving such work relief or work training.