For the purposes of §§ 28-42-13 and 28-42-13.1, “employment” does not include services performed in the employ of a “governmental entity” as defined in § 28-42-3(22) by an individual in the exercise of duties: (1) As an elected official; (2) As a member of a legislative body, or a member of the judiciary of a state or political subdivision; (3) As a member of the national guard or air national guard; (4) As an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or similar emergency; or (5) In a position which, under or pursuant to the laws of this state, is designated as a: (i) Major non-tenure policymaking or advisory position; or (ii) Policymaking or advisory position, the performance of the duties of which ordinarily does not require more than eight (8) hours per week.
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