CHAPTER 149
An Act to amend and reenact § 65-4, as amended, of the Code of Virginia,
relating to definition of employee for workmen’s compensation pur-

poses.
[H 26]
Approved March 3, 1960

Be it enacted by the General Assembly of Virginia:
1. That § 65-4, as amended, of the Code of Virginia, be amended and
reenacted as follows:

§ 65-4. Unless the context otherwise requires “employee” includes
every person, including a minor, in the service of another under any con-
tract of hire or apprenticeship, written or implied, except one whose
employment is not in the usual course of the trade, business, occupation
or profession of the employer; and as relating to those so employed by
the State the term “employee” includes the officers and members of the
National Guard, the Virginia State Guard and the Virginia Reserve
Militia, registered members on duty or in training of the United States
Civil Defense Corps of this State, the forest wardens, and all other officers
and employees of the State, except only such as are elected by the people
or by the General Assembly, or appointed by the Governor, either with
or without the confirmation of the Senate, provided that this exception
shall not apply to any “State employee” as defined in paragraph (5) of
§ 51-111.10 nor to members of the Industrial Commission and the State
Corporation Commission, nor to the Superintendent of State Police; as
relating to municipal corporations and political divisions of the State, the
term “employee” includes all officers and employees thereof, except such
as are elected by the people or by the governing body of the municipal
corporation or political division, who act in purely administrative capaci-
ties and are to serve for a definite term of office. Policemen and firemen,
except policemen and firemen in cities containing more than two hundred
thirty thousand inhabitants, and sheriffs and their deputies, town and
city sergeants and town and city deputy sergeants, county and city com-
missioners of the revenue, county and city treasurers, attorneys for the
Commonwealth, clerks of courts of record, juvenile and domestic relations
courts and county and municipal courts, and their deputies, officers and
employees, shall be deemed to be employees of the respective cities,
counties or towns in which their services are employed and by whom their
salaries are paid or in which their compensation is earnable. Any refer-
ence to an employee who has been injured shall, when the employee is
dead, include also his legal representative, dependents and other persons
to whom compensation may be payable. For the purpose of this Act the
average weekly wage of the noncommissioned officers and members of the
National Guard, the Virginia State Guard and the Virginia Reserve
Militia, registered members on duty or in training of the United States
Civil Defense Corps of this State, and forest wardens, shall be deemed to
be such amount as will entitle them to the maximum compensation pay-
able under this Act; provided, however, that any award entered under
the provisions of this title on behalf of officers, noncommissioned officers
or members of the National Guard, or their dependents, or registered
members on duty or in training of the United States Civil Defense Corps
of this State or their dependents, shall be subject to credit for benefits
paid them under existing or future federal law on account of injury or
occupational disease covered by the provisions of the Virginia Workmen’s
Compensation Act.

2. An emergency exists and this act is in force from its passage.