§ 25-4-16 — Wages

(a) Prior to January 1, 1983, “wages,” as used in this chapter, shall mean such remuneration as was defined in this section prior to such date.
(b) On and after January 1, 1983, “wages,” as used in this chapter, shall mean every form of remuneration paid or received for personal services, including the cash value of any remuneration paid in any medium other than cash. The reasonable cash value of remuneration paid in any medium other than cash shall be determined in accordance with rules prescribed by the director; except that effective on May 28, 1980, and for the purposes of reporting and computing the amount of contributions due, back pay awarded as the result of an agreement, arbitration, or order of a court of competent jurisdiction on a retroactive basis shall be considered “wages” during the calendar quarter in which such retroactive payments are made. The term “wages,” however, shall not include:
(1) That part of remuneration, which after remuneration equal to $8,000.00 (or such greater amount as may be or become subject to a tax under a federal law imposing a tax against which credit may be taken for contributions required to be paid into a state unemployment fund) has been paid in a calendar year to an individual by an employer or his predecessor employer or by a combination of both the employer and his predecessor employer with respect to employment during any calendar year, is paid to such individual by such employer during such calendar year except with respect to subdivisions (1) and (2) of subsection (a), subdivision (4) of subsection (b) and subsection (c) of Section 25-4-54 and Sections 25-4-71 through 25-4-75. For the purpose of this subdivision (1), the term “employment” shall include service constituting employment under any unemployment compensation law of another state or of this state.
(2) The amount of any payments (including any amount paid by an employer for insurance or annuities, or into a fund to provide for any such payment) made to, or on behalf of an employee or any of his dependents under a plan or system established by an employer which makes provisions for his employees generally (or for his employees generally and their dependents) or for a class or classes of his employees (or for a class or classes of his employees and their dependents), on account of:
a. Retirement; or
b. Sickness or accident disability; or
c. Medical or hospitalization expenses in connection with sickness or accident disability; or
d. Death; or
e. Effective January 1, 1996, sick pay wages made by an employer to, or on behalf of, an employee after the expiration of six calendar months following the last calendar month in which the employee worked for such employer.
(3) Any payment made to an employee (including any amount paid by an employer for insurance or annuities, or into a fund to provide for any such payment) on account of retirement.
(4) Any payment made by an employer to, or on behalf of, any employee or his beneficiary:
a. From or to a trust which meets the requirements of Section 401(k) of the federal Internal Revenue Code and which is exempt from tax under Section 501(a) of the federal Internal Revenue Code at the time of such payment unless such payment is made to an employee of the trust as remuneration for services rendered as such employee and not as a beneficiary of the trust; or
b. Under or to an annuity plan which, at the time of such payment, meets the requirements of Section 401(a) (3), (4), (5), and (6) of the federal Internal Revenue Code.
(5) The payment by an employer (without deduction from the remuneration of the employee) of the tax imposed upon an employee under Article 3 of this chapter, or of the tax imposed upon an employee by Section 3101 of the federal Internal Revenue Code, as amended, with respect only to remuneration paid to an employee for domestic service in a private home or for agricultural labor.
(6) Remuneration paid in any medium other than cash to an employee for agricultural or domestic services or for services not in the course of the employer’s trade or business.
(7) Any payment (other than vacation or sick pay) made to an employee after the month in which he attains the age of 65, if he did not work for the employer in the period for which such payment is made.
(8) Dismissal or severance payments.
(9) Payments made into a fund by an employer to provide for supplemental unemployment benefits under a plan established to provide such benefits to employees in general, or a group or class of employees, of such employer.
(10) Payments made, or benefits furnished, to or for the benefit of an employee if, at the time of the payment or the furnishing of the benefit, it is reasonable to believe that the employee will be able to exclude the payment or benefit from income under Section 127 of the Internal Revenue Code.
(11) Payments made in connection with services excluded from the definition of employment in Section 25-4-10(b)(21)c.2.(iii).
(12) Earnings for weekend or equivalent individual drill training services for National Guard and United States Armed Forces reservists.

Legislative History

(Acts 1939, No. 497, p. 721; Code 1940, T. 26, §191; Acts 1943, No. 310, p. 281, §3; Acts 1949, No. 286, p. 412; Acts 1951, No. 644, p. 1098; Acts 1961, Ex. Sess., No. 274, p. 2298, §3; Acts 1971, No. 166, p. 440, §6; Acts 1975, No. 801, p. 1604, §3; Acts 1978, 1st Ex. Sess., No. 1, p. 5, §3; Acts 1980, No. 80-807, p. 1651, §1; Acts 1982, No. 82-372, p. 533, §1; Acts 1983, 2nd Ex. Sess., No. 83-155, p. 264, §2; Acts 1995, No. 95-311, p. 582, §2; Acts 1996, No. 96-665, p. 1093, §1; Act 98-364, p. 634, §1; Act 2001-694, p. 1453, §1.)