N.Y. Labor Law § 517: Remuneration

§ 517. Remuneration. 1. Inclusions. "Remuneration" means every form

of compensation for employment paid by an employer to his employee;

whether paid directly or indirectly by the employer, including salaries,

commissions, bonuses, and the reasonable money value of board, rent,

housing, lodging, or similar advantage received. Where gratuities are

received by the employee in the course of his employment from a person

other than his employer, the value of such gratuities shall be

determined by the commissioner and be deemed and included as part of his

remuneration paid by his employer.

2. Exclusions. Remuneration does not include:

(a) The amount of any payment made to, or on behalf of, any employee

or any of his dependents under a plan or system established by an

employer which makes provision for his employees generally, or for such

employees and their dependents, or for a class or classes of his

employees, or for a class or classes of such employees and their

dependents, 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, or sickness or accident disability, or medical or

hospitalization expenses in connection with sickness or accident

disability, or death.

(b) Payment by an employer without deduction from the remuneration of

the employee of the tax imposed upon an employee under the federal

insurance contributions act.

(c) 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.

(d) Any payment on account of sickness or accident disability, or

medical or hospitalization expenses in connection with 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.

(e) Any payment made to, or on behalf of, an employee or his

beneficiary from or to a trust described in section four hundred one (a)

of the federal internal revenue code which is exempt from tax under

section five hundred one (a) of such 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 under or to an annuity plan which, at the time of such

payment, meets the requirements of section four hundred one (a) (3),

(4), (5), and (6) of such code.

(f) Compensation paid in any medium other than cash to an employee for

service not in the course of the employer's trade or business.

(g) Any payment, other than vacation or sick pay, made to an employee

after the month in which he attains the age of sixty-five, if he did not

work for the employer in the period for which such payment is made.

(h) Dismissal payments.

(i) Any payment made by an employer who is not liable for

contributions under this article or for payments in lieu of

contributions.