§ 572. Definitions

For the purposes of this chapter:

(1) “Employee” includes an officer of a State or political subdivision thereof;

(2) “Employment” means any service performed by any employee in the employ of the State, or any political subdivision thereof, for such employer, except (1) service which in the absence of an agreement entered into under this chapter would constitute “employment” as defined in the Social Security Act; or (2) service which under the Social Security Act may not be included in an agreement between the State and the Secretary of Health and Human Services entered into under this chapter. Service which under the Social Security Act may be included in an agreement only upon certification by the Governor in accordance with Section 218(d)(3) or 218(d)(7) of that Act shall be included in the term “employment” if and when the Governor issues, with respect to such service, a certificate to the Secretary of Health and Human Services pursuant to subsection 578(b) of this title.

(3) “Federal Insurance Contributions Act” means subchapter A of chapter 9 of the federal Internal Revenue Code of 1939 and subchapters A and B of chapter 21 of the federal Internal Revenue Code of 1954, as such codes have been and may from time to time be amended; and the term “employee tax” means the tax imposed by Section 1400 of such Code of 1939 and Section 3101 of such Code of 1954.

(4) “Political subdivision” includes an instrumentality of a state, of one or more of its political subdivisions, or of a state and one or more of its political subdivisions, but only if such instrumentality is a juristic entity which is legally separate and distinct from the State or subdivision and only if its employees are not by virtue of their relation to such juristic entity employees of the State or subdivision.

(5) “Secretary of Health and Human Services” includes any individual to whom the Secretary of Health and Human Services has delegated any of his or her functions under the Social Security Act with respect to coverage under such act of employees of states and their political subdivisions, and with respect to any action taken prior to April 11, 1953, includes the Federal Security Administrator and any individual to whom such Administrator had delegated any such function.

(6) “Social Security Act” means the act of Congress approved August 14, 1935, chapter 531, 49 Stat. 620, officially cited as the “Social Security Act,” including regulations and requirements issued pursuant thereto, as such Act has been and may from time to time be amended.

(7) “State agency” means the State Treasurer.

(8) “Wages” means all remuneration for employment as defined herein, including the cash value of all remuneration paid in any medium other than cash, except that such term shall not include that part of such remuneration which, even if it were for “employment” within the meaning of the federal Insurance Contributions Act, would not constitute “wages” within the meaning of that Act. (Amended 1963, No. 164, § 1, eff. June 25, 1963.)