60.2-229 - Wages.
§ 60.2-229. Wages.
A. "Wages" means all remuneration paid, or which should have been paid, forpersonal services, including commissions, bonuses, tips, back pay, dismissalpay, severance pay and any other payments made by an employer to an employeeduring his employment and thereafter and the cash value of all remunerationpayable in any medium other than cash. Notwithstanding the other provisionsof this subsection, wages paid in back pay awards shall be allocated to, andreported as being paid during, the calendar quarter or quarters in which suchback pay would have been earned. Severance pay paid at the time of, orsubsequent to, separation from employment shall be allocated to the last dayof work unless otherwise allocated by the employer. If otherwise allocated,severance pay shall be allocated at a rate not less than the average weeklywage of such employee during the last calendar quarter, and reported as such.Severance pay shall be deducted from any benefits payable after theCommission's receipt of notification of severance pay by the employerpursuant to § 60.2-603. The reasonable cash value of remuneration payable inany medium other than cash shall be estimated and determined in accordancewith rules prescribed by the Commission.
B. The term "wages" shall not include:
1. Subsequent to December 31, 1990, for purposes of taxes only, that part ofthe remuneration, other than remuneration referred to in the succeedingsubdivisions of this subsection, that is greater than $8,000 and is payableduring any calendar year to an individual by any employer with respect toemployment in this Commonwealth or any other state. If an employer,hereinafter referred to as "successor employer," during any calendar yearacquires substantially all of the property used in a trade or business ofanother employer, hereinafter referred to as a "predecessor," or used in aseparate unit of a trade or business of a predecessor, and immediately afterthe acquisition employs in his trade or business an individual whoimmediately prior to the acquisition was employed in the trade or business ofsuch predecessor, then, for the purpose of determining whether remuneration,other than remuneration referred to in the succeeding subdivisions of thissubsection, with respect to employment equal to $8,000 is payable by thesuccessor to such individual during such calendar year, any remuneration,other than remuneration referred to in the succeeding subdivisions of thissubsection, with respect to employment payable, or considered under thissubdivision as payable, to such individual by such predecessor during suchcalendar year and prior to such acquisition shall be considered as payable bysuch successor employer;
2. The amount of any payment, including any amount paid by an employer forinsurance or annuities, or into a fund, to provide for any such payment, madeto, or on behalf of, an employee or any of his dependents under a plan orsystem established by an employer which makes provisions for (i) hisemployees generally, (ii) for his employees generally and their dependents,(iii) for a class or classes of his employees, or (iv) for a class or classesof his employees and their dependents, on account of:
a. Retirement;
b. Sickness or accident disability payments which are received under aworkers' compensation law;
c. Medical or hospitalization expenses in connection with sickness oraccident disability;
d. Death; or
e. Unemployment benefits under any private plan financed in whole or in partby an employer;
3. The payment by an employer, without deduction from the remuneration of theemployee, of the tax imposed upon an employer under § 3101 of the FederalInternal Revenue Code;
4. Any payment on account of sickness or accident disability, or medical orhospitalization expenses in connection with the sickness or accidentdisability, made by an employer to, or on behalf of, an employee after theexpiration of six calendar months following the last calendar month in whichthe employee worked for such employer;
5. Remuneration paid in any medium other than cash to an employee for servicenot in the course of the employer's trade or business; or
6. Any payment, other than vacation or sick pay, made to an employee afterthe month in which he attains the age of sixty-five, if he did not work forthe employer in the period for which such payment is made.
(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.)