CHAPTER 48

An Act to amend and reenact § 2 of Chap 2, Acts of Assembly of 1952,
approved January 31, 1952, the chapter relating to the coverage of
certain governmental officers and employees under the old-age and
survivors insurance provisions of Title II of the Federal Social
Security Act, to except certain services from the definition of
“employment’’.

[H 532]

Approved February 15, 1952
Be it enacted by the General Assembly of Virginia:
1. That § 2 of Chap 2 of the Acts of Assembly of 1952, approved
January 31, 1952, be amended and reenacted as follows:
§ 2. Definitions.—For the purposes of this act:
(a) The term “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 paid for “employment”
within the meaning of the Federal Insurance Contributions Act, would
not constitute “wages” within the meaning of that act.

(b) The term “employment” means any service performed by an
employee in the employ of the State, or any political subdivision thereof,
for such employer, whether it be regular or temporary, part-time or full-
time, employment, except service which in the absence of an agreement
entered into under this act would constitute “employment” as defined in
Title II of the Social Security Act, or service performed in the employ of
a school, college, or university if such service is performed by a student
who is enrolled and is regularly attending classes at such school, college,
or university, or service of an emergency nature or service which under
the Social Security Act may. not be included in an agreement by the State
and the federal agency entered into under this act.

(c) The term “employee’’ includes an officer of the State, or of one of
its political subdivisions.

(d) The term “teacher” means any person who is regularly employed
on a salary basis as a professional or clerical employee of a county, city
or other local public school board.

(e) The term “State employee” means any person who is employed
in the service of, and whose compensation is payable, in whole or in part,
by the Commonwealth or any department, institution or agency thereof,
and shall include trial justices, the Auditor of Public Accounts, the Direc-
tor of the Division of Statutory Research and Drafting, the Clerk of
the House of Delegates, and the Clerk of the Senate, but not (1) any
officer elected by popular vote, and (2) a county or city treasurer, com-
missioner of the revenue, Commonwealth’s attorney, clerk of court, sheriff,
sergeant or constable, and a deputy or employee of any such officer.

(f) The term “local employee” means any employee of a political
Subdivision, and shall include a “special employee” which means a county
or city treasurer, commissioner of the revenue, Commonwealth’s attorney,
clerk of court, sheriff, sergeant or constable and a deputy or employee of
any such officer.

(g) The term “State agency” means the Board of Trustees of the
Virginia Retirement System.

(h) The term “federal agency” means in each case such federal of-
ficer, department, or agency as is charged on behalf of the federal govern-
ment, by or under the applicable federal law, with the particular federal
functions referred to in this act in connection with such term.

(i) The term “political subdivision” includes an instrumentality of
the State, of one or more of its political subdivisions, or of the 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 a political subdivision and only if its employees are not by virtue of
their relation to such juristic entity employees of the State or a political
subdivision.

(j) The term “applicable federal law” refers to such provisions of
federal law, including federal regulations and requirements issued pursuant
thereto as provide for extending the benefits of Title II of the Social
Security Act to employees of states and their political subdivisions.

(k) The term “Social Security Act” means the act of Congress ap-
proved August fourteenth, one thousand nine hundred thirty-five, chapter
five hundred thirty-one, forty-nine Statutes six hundred twenty, officially
cited as the “Social Security Act,” as such act has been and may from
time to time be amended.

(1) The term “Federal Insurance Contributions Act” means Sub-
chapter A of Chap 9 of the Internal Revenue Code as such code has
and may from time to time be amended.
2. An emergency exists and this act is in force from its passage.