The term "employment" as used in Chapters 27 through 41 of this Title shall not include:

1. (1) Labor engaged in the seafood industry, which is defined as persons employed in the commercial netting, catching, and gathering of seafood, and the processing of such seafood for the fresh market;
2. (2) Casual labor not in the course of the employing unit's trade or business;
3. (3) Service performed by an individual in the employ of his son, daughter or spouse and service performed by a child under the age of eighteen in the employ of his father or mother;
4. (4) Service performed in the employ of the United States Government or any instrumentality of the United States immune under the Constitution of the United States from the contributions imposed by Chapters 27 through 41 of this Title, except that to the extent that the Congress of the United States shall permit states to require instrumentalities of the United States to make payments into an unemployment fund under a state unemployment compensation act, all of the provisions of Chapters 27 through 41 of this Title shall be applicable to such instrumentalities and to services performed for such instrumentalities, in the same manner, to the same extent and on the same terms as to all other employers; provided, that if this State shall not be certified for any year by the Secretary of Labor or his successors under the Federal Internal Revenue Code, the payments required of such instrumentalities with respect to such year shall be refunded by the Commission from the funds in the same manner and within the same period as is provided in Section 41-31-360 with respect to contributions erroneously collected;

5. (5) Service performed after December 31, 1977, in the employ of a governmental entity referred to in Section 41-27-230(2)(b), if such service is performed by an individual in the exercise of his duties;

   1. (a) As an elected official or as the appointed successor of an elected official;
   2. (b) As a member of a legislative body, or a member of the judiciary of a state or political subdivision;
   3. (c) As a member of the State National Guard or Air National Guard;
   4. (d) As an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or similar emergency;
   5. (e) In a position which, under or pursuant to the laws of this State, is designated as a major nontenured policymaking or advisory position, or a policymaking position the performance of the duties of which ordinarily does not require more than eight hours per week.
6. (6) Service with respect to which unemployment compensation is payable under an unemployment compensation system established by an act of Congress; provided, that the Commission shall enter into agreements with the proper agencies under such act of Congress, which agreements shall become effective ten days after publication thereof in the manner provided in Section 41-29-130 for general rules, to provide reciprocal treatment to individuals who have after acquiring potential rights to benefits under Chapters 27 through 41 of this Title, acquired rights to unemployment compensation under such act of Congress or who have, after acquiring potential rights to unemployment compensation under such act of Congress, acquired rights to benefits under Chapters 27 through 41 of this Title;
7. (7) Service other than service performed as defined in Section 41-27-230(3) performed in the employ of a corporation, community chest, fund or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation, and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of any candidate for public office, provided, that service performed in the employ of an organization operated for the primary purpose of carrying on a trade or business for profit shall not be exempt on the ground that all of its profits are payable to one or more organizations exempt under this paragraph;
8. (8) Service other than service performed as defined in Section 41-27-230(3) which is performed in any calendar quarter in the employ of any organization exempt from federal income tax under Section 501(a) (other than an organization described in Section 401(a)) or under Section 521 of the Federal Internal Revenue Code of 1954, if the remuneration for such service is less than fifty dollars;

9. (9) The term "employment" shall not include:

   1. (a) Service performed in the employ of a school, college, or university, if such service is performed

      1. (i) By a student who is enrolled and is regularly attending classes at such school, college or university, or
      2. (ii) By the spouse of such a student, if such spouse is advised, at the time such spouse commences to perform such service that (I) the employment of such spouse to perform such service is provided under a program to provide financial assistance to such student by such school, college, or university, and (II) such employment will not be covered by any program of unemployment insurance;
   2. (b) Service performed by an individual under the age of twenty-two who is enrolled at a nonprofit or public educational institution which normally maintains a regular faculty and curriculum and normally has a regularly organized body of students in attendance at the place where its educational activities are carried on as a student in a full-time program, taken for credit at such institution, which combines academic instruction with work experience, if such service is an integral part of such program, and such institution has so certified to the employer, except that this subparagraph shall not apply to service performed in a program established for or on behalf of an employer or group of employers;
   3. (c) Service performed in the employ of a hospital, if such service is performed by a patient of the hospital, as defined in Section 41-27-280.

10. (10) For the purposes of Section 41-27-230(2) and (3), "employment" does not include service performed:

    1. (a) in the direct employ of a church, convention, or association of churches or an organization operated primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church, convention, or association of churches; or
    2. (b) by an ordained, a commissioned, or a licensed minister of a church in the exercise of his ministry or by a member of a religious order in the exercise of duties required by the order; or
    3. (c) in a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age, physical or mental deficiency, or injury or providing remunerative work for individuals who because of their impaired physical or mental capacity cannot be absorbed readily in the competitive labor market by an individual receiving rehabilitation or remunerative work; or
    4. (d) before January 1, 1978, for a hospital in a state prison or other state correctional institution by an inmate of the prison or correctional institution and after December 31, 1977, by an inmate of a custodial or penal institution; or
    5. (e) as part of an unemployment work-relief or work-training program assisted or financed in whole or in part by a federal agency, an agency or political subdivision of a state, or an individual receiving work relief or work training, unless a federal law, rule, or regulation mandates unemployment insurance coverage to individuals in a particular work-relief or work-training program; or
    6. (f) by an inmate who participates in a project designated by the Director of the Bureau of Justice Assistance pursuant to Public Law 90-351.
11. (11) Service performed by an individual under the age of eighteen in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution;
12. (12) Service performed as a student nurse in the employ of a hospital or a nurses' training school by an individual who is enrolled and is regularly attending classes in a nurses' training school chartered or approved pursuant to state law, and service performed as an intern in the employ of a hospital by an individual who has completed a four years' course in a medical school chartered and approved pursuant to state law;
13. (13) Service performed by an individual for an employer as an insurance agent or as an insurance solicitor, if all such service performed by such individual for such employer is performed for remuneration solely by way of commission;
14. (14) Service other than service performed as defined in Section 41-27-230(3) by an individual for an employer as a real estate salesman or agent, if all such service performed by such individual for such employer is performed for remuneration solely by way of commission;
15. (15) Service performed in the employ of a foreign government, including service as a consular or other officer or employee or a nondiplomatic representative.
16. (16) "Agricultural labor" as such term is defined by Section 41-27-120 when performed by students who are enrolled and regularly attending classes for at least five months during a particular year at a secondary school or at an accredited college, university, or technical school and also when performed by part-time persons who do not qualify as students hereunder but who at the conclusion of their agricultural labor would not qualify for any benefits under the provisions of the South Carolina Employment Security Law.
17. (17) Services performed as a member of a Native American tribal council or services in a fishing rights related activity of a Native American tribe by a member of such tribe for another member of such tribe or by a qualified Native American entity.