                                 CODE OF VIRGINIA

WAGES (§ 60.2-229)

A. &#8220;Wages&#8221; means all remuneration paid, or which should have been
paid, for personal services, including commissions, bonuses, tips, back pay,
dismissal pay, severance pay and any other payments made by an employer to an
employee during his employment and thereafter and the cash value of all
remuneration payable in any medium other than cash. Notwithstanding the other
provisions of this subsection, wages paid in back pay awards shall be allocated
to, and reported as being paid during, the calendar quarter or quarters in which
such back pay would have been earned. Severance pay paid at the time of, or
subsequent to, separation from employment shall be allocated to the last day of
work unless otherwise allocated by the employer. If otherwise allocated,
severance pay shall be allocated at a rate not less than the average weekly wage
of such employee during the last calendar quarter, and reported as such.
Severance pay shall be deducted from any benefits payable after the
Commission&#8217;s receipt of notification of severance pay by the employer
pursuant to &#xA7; 60.2-603. The reasonable cash value of remuneration payable
in any medium other than cash shall be estimated and determined in accordance
with rules prescribed by the Commission.

B. The term &#8220;wages&#8221; shall not include:

   1. Subsequent to December 31, 1990, for purposes of taxes only, that part of
   the remuneration, other than remuneration referred to in the succeeding
   subdivisions of this subsection, that is greater than $8,000 and is payable
   during any calendar year to an individual by any employer with respect to
   employment in this Commonwealth or any other state. If an employer,
   hereinafter referred to as &#8220;successor employer,&#8221; during any
   calendar year acquires substantially all of the property used in a trade or
   business of another employer, hereinafter referred to as a
   &#8220;predecessor,&#8221; or used in a separate unit of a trade or business
   of a predecessor, and immediately after the acquisition employs in his trade
   or business an individual who immediately prior to the acquisition was
   employed in the trade or business of such predecessor, then, for the purpose
   of determining whether remuneration, other than remuneration referred to in
   the succeeding subdivisions of this subsection, with respect to employment
   equal to $8,000 is payable by the successor to such individual during such
   calendar year, any remuneration, other than remuneration referred to in the
   succeeding subdivisions of this subsection, with respect to employment
   payable, or considered under this subdivision as payable, to such individual
   by such predecessor during such calendar year and prior to such acquisition
   shall be considered as payable by such successor employer;

   2. The amount of any payment, 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 (i) his employees
   generally, (ii) for his employees generally and their dependents, (iii) for a
   class or classes of his employees, or (iv) for a class or classes of his
   employees and their dependents, on account of:
   				a. Retirement;
   				b. Sickness or accident disability payments which are received under a
   workers&#8217; compensation law;
   				c. Medical or hospitalization expenses in connection with sickness or
   accident disability;
   				d. Death; or
   				e. Unemployment benefits under any private plan financed in whole or in
   part by an employer;

   3. The payment by an employer, without deduction from the remuneration of the
   employee, of the tax imposed upon an employer under &#xA7; 3101 of the Federal
   Internal Revenue Code;

   4. Any payment on account of sickness or accident disability, or medical or
   hospitalization expenses in connection with the sickness or accident
   disability, 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;

   5. Remuneration paid in any medium other than cash to an employee for service
   not in the course of the employer&#8217;s trade or business;

   6. 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; or

   7. Any payment made to, or on behalf of, an employee or his beneficiary under
   a cafeteria plan, as defined in &#xA7; 125 of the Internal Revenue Code, if
   such payment would not be treated as wages under the Internal Revenue Code.

HISTORY: Code 1950, § 60-22; 1952, c. 184; 1954, c. 203; 1956, c. 440; 1968, c.
9; 1968, c. 738, § 60.1-26; 1971, Ex. Sess., c. 235; 1974, c. 466; 1976, c.
591; 1977, c. 330; 1979, cc. 629, 637; 1982, c. 363; 1983, c. 14; 1984, cc. 204,
408; 1986, c. 480; 1990, c. 908; 1993, c. 576; 1995, c. 515; 2020, c. 1261.