HERBERT R. O'CONOR, GOVERNOR. 635

ing unit shall be deemed to constitute service only to the
extent of the excess of such amounts over the expenses actual-
ly incurred and accounted for by the individual to his em-
ploying unit; provided that the term "wages" shall not in-
clude:

(1) That part of the remuneration which, after remunera-
tion equal to $3, 000 has been paid to an individual by an
employer with respect to employment during any calendar
year, is paid to such individual by such employer with
respect to employment occurring during such calendar year
and after December 31, 1939;

(2) The amount of any payment with respect to services
performed after December 31, 1940, to, or on behalf of, an
Individual in its employ under a plan or system established
by an employing unit which makes provision for individuals
in its employ generally or for a class or classes of such indi-
viduals (including any amount paid by an employing unit
for insurance or annuities, or into a fund, to provide for any
such payment), on account of (A) retirement, or (B) sick-
ness or accident disability, or (C) medical and hospitaliza-
tion expenses in connection with sickness or accident dis-
ability, or (D) death, provided the individual in its employ
(i) has not the option to receive, instead of provision for
such death benefit, any part of such payment, or, if such
death benefit is insured, any part of the premiums (or con-
tributions to premiums) paid by his employing unit, and
(ii) has not the right, under the provisions of the plan or
system or policy of insurance providing for such death
benefit, to assign such benefit, or to receive a cash considera-
tion in lien of such benefit either upon his withdrawal from
the plan or system providing for such benefit or upon termi-
nation of such plan or system or policy of insurance or of
his services with such employing unit;

(3) The payment by an employing unit (without deduc-
tion from the remuneration of the individual in its employ)
of the tax imposed upon an individual in its employ under
Section 1400 of the Federal Internal Revenue Code with
respect to services performed after December 31, 1940; or

(4) Dismissal payments after December 31, 1940, which
the employing unit is not legally required to make.

SEC. 2. And lie it further enacted, That this Act is hereby
declared to be an emergency law, necessary for the immediate
preservation of the public health and safety, and being passed
by a yea and nay vote, supported by three-fifths of all of the
members elected to each of the two Houses of the General
Assembly, the same shall take effect April 1, 1941.

Approved April 23, 1941.