Nonqualifying earnings or payments.

§ 302.4 Nonqualifying earnings or payments. The following types of earnings or payments do not count as compensation for the purpose of determining whether an employee has satisfied the base year qualifying conditions: (a) Compensation earned as an employee representative, as defined in part 205 of this chapter, or as an employee of a local lodge or division of a railway labor organization; (b) Tips; (c) Payments under nongovernmental plans for unemployment, maternity or sickness insurance; (d) Personal injury settlements or judgments, unless a portion thereof represents pay for time lost; (e) Wages from employment that is subject to the Federal Unemployment Tax Act; (f) Earnings from self-employment or investments; (g) Pay for military service; (h) Remuneration for service which is performed by a nonresident alien individual for the period he or she is temporarily present in the United States as a nonimmigrant under subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act, as amended, and which is performed to carry out the purpose specified in subparagraph (F) or (J), as the case may be; and (i) Any payment that is not subject to contributions under section 8 of the Railroad Unemployment Insurance Act. [56 FR 6966, Feb. 21, 1991; 56 FR 10302, Mar. 11, 1991]