Title 34, Chapter 8, Section 49
( 34-8-49)
(a)(1) As used in this chapter, the term "wages" means all
remuneration for personal services, including commissions and
bonuses and the cash value of all remuneration paid in any medium
other than cash. The reasonable cash value of remuneration in any
medium other than cash shall be estimated and determined in
accordance with the rules or regulations prescribed by the
Commissioner. (2) The term "wages" also means, for the purpose of determining
benefit rights of a claimant, wages payable but unpaid where the
employer has been adjudicated bankrupt. (b) The term "wages" shall not include: (1) For the purposes of Code Section 34-8-20 and Articles 5 and 6 of this chapter, except Code Sections 34-8-156 and 34-8-157, any remuneration paid in excess of taxable wages. For purposes of this chapter, "taxable wages" means that portion of remuneration paid by an employer to each employee, subject to unemployment insurance contributions for each calendar year which does not exceed the following amounts: (A) For the period January 1, 1976, through December 31, 1982 --
$6,000.00; (B) For the period January 1, 1983, through December 31, 1985 --
$7,000.00; (C) For the period January 1, 1986, through December 31, 1989 --
$7,500.00; and (D) January 1, 1990, and thereafter -- $8,500.00; provided, however, that in cases of successorship of an employer,
the amount of wages paid by the predecessor shall be considered
for purposes of this provision as having been paid by the
successor employer; (2) The amount of any payment to or on behalf of an employee under
a plan or system established by an employer which makes provision
for its employees generally or for a class or classes of its
employees, including any amount paid by an employer for insurance
or annuities or into a fund to provide for any such payment, on
account of: (A) The termination of an employee's employment relationship
because of (i) death, or (ii) retirement for disability, other
than any such payment or series of payments which would have
been paid to the employee or his or her dependents if the
employee's employment relationship had not been so terminated; (B) The supplementation of unemployment benefits to an
individual under the terms of a written agreement, contract,
trust arrangement, or other instrument. Such payments shall not
be construed to be wages or compensation for personal services
under this chapter and benefit payments under this chapter shall
not be denied or reduced because of the receipt of payments
under such arrangements or plans;
(C) Sickness or accident disability, but, in the case of
payments made to an employee or any of his or her dependents,
this subparagraph shall exclude from the term "wages" only
payments which are received under a workers' compensation law; (D) Medical and hospitalization expenses in connection with
sickness or accident disability; (E) Death; or (F) Temporary layoff, but, in the case of payments made to an
employee who is temporarily laid off or to any of his or her
dependents, this subparagraph shall exclude from the term
"wages" only payments made out of a 100 percent vested account
in the name of such employee under a pension or profit-sharing
plan or trust that is qualified under Section 501(a) of the
federal Internal Revenue Code of 1986; (3) Payment by an employer without deduction from the remuneration
of an employee of the tax imposed by Section 3101 of the federal
Internal Revenue Code of 1986, with respect to remuneration paid
to an employee for domestic service in a private home of the
employer or for agricultural labor; (4) Any remuneration paid for services by an alien, unless such
alien is an individual who was lawfully admitted for permanent
residence at the time such services were performed, was lawfully
present for purposes of performing such services, or otherwise was
permanently residing in the United States under color of law; (5) Any remuneration paid in any medium other than cash to an
employee for agricultural labor or for service not in the course
of the employer's trade or business; (6) Any payment on account of sickness or accident disability, or
medical or hospitalization expenses in connection with sickness or
accident disability, made by an employer to, or on behalf of, an
employee after the expiration of six calendar months following the
last calendar month in which the employee worked for such
employer; (7) Any payment made to, or on behalf of, an employee or his
beneficiary from, under, or to a trust, annuity plan, simplified
employee pension plan, annuity contract, exempt governmental
deferred compensation plan, supplemental pension benefits plan or
trust, or cafeteria plan, as such payments are defined under
Section 3306(b)(5) of the federal Internal Revenue Code of 1986;
or (8) Any payment made by an employer to a survivor or the estate of
a former employee after the calendar year in which such employee
died. (c) Any remuneration not elsewhere included in the definition of
wages by this chapter, but for which services are performed within
this state and for which an employing unit is liable for any federal
tax against which credit may be taken for contributions paid into a
state fund, shall, for the purposes of this chapter and
notwithstanding any other provisions, constitute wages for
employment, but only to the extent that such remuneration
constitutes wages on which federal tax is payable. |