West Virginia Code § 5-7-2

Definitions
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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 eumployee 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 sltate, or one of its political subdivisions or
instrumentalities, or members of the State Lesgislature 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 August 14, 1935,
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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