ENROLLED
Senate Bill No. 700
(By Senator Tomblin, Mr. President)
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[Passed April 14, 2001; in effect from passage.]
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AN ACT to amend and reenact section two, article seven, chapter
five of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to the Social Security Act as
it relates to members of the Legislature and part-time
employees of the Legislature.
Be it enacted by the Legislature of West Virginia:
That section two, article seven, chapter five of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted to read as follows:
ARTICLE 7. SOCIAL SECURITY AGENCY.
§5-7-2. Definitions.
For the purposes of this article:
(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 the term may not include
that part of the 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, or any instrumentality of either, for the employer, except
service which in the absence of an agreement entered into under
this article would constitute "employment" as defined in section
two hundred nine of the Social Security Act.
(c) The term "employee" includes an officer of the state, or
one of its political subdivisions or instrumentalities, or members
of the state Legislature and part-time employees of the state
Legislature.
(d) The term "state agency" means the state auditor.
(e) The term "federal agency" means in each case a federal
officer, department or agency as is charged on behalf of the
federal government, by or under the applicable federal law, with
the particular federal functions referred to in this article in
connection with that term.
(f) The term "political subdivision" includes any county, municipal corporation or school district.
(g) The term "instrumentality", when referring to an
instrumentality of a state or political subdivision, includes only
a legal entity which is separate and distinct from the state or the
subdivision and whose employees are not by virtue of their relation
to the entity employees of the state or such subdivisions.
(h) The term "applicable federal law" refers to provisions of
federal law, including federal regulations and requirements issued
pursuant thereto, if and when enacted, as provided for extending
the benefits of Title II of the Social Security Act to employees of
states, political subdivisions and their instrumentalities.
(i) The term "Social Security Act" means the act of Congress
approved the fourteenth day of August, 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 the act has been and may, from time to time, be amended.
(j) The term "Federal Insurance Contributions Act" means
subchapter A, chapter nine of the Federal Internal Revenue Code as
the code has been and may, from time to time, be amended.
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(NOTE: The purpose of this bill is to clarify that members of
the Legislature and the part-time employees of the Legislature are "employees" under the Social Security Act.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)
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