§ 800. Definitions. For the purposes of this article:

(a) Metropolitan commuter transportation district. The metropolitan
commuter transportation district ("MCTD") means the area of the state
included in the district created and governed by section twelve hundred
sixty-two of the public authorities law.

(b) Employer. Employer means an employer required by section six
hundred seventy-one of this chapter to deduct and withhold tax from
wages, that has a payroll expense in excess of three hundred twelve
thousand five hundred dollars in any calendar quarter; other than

(1) any agency or instrumentality of the United States;

(2) the United Nations;

(3) an interstate agency or public corporation created pursuant to an
agreement or compact with another state or the Dominion of Canada; or

(4) Any eligible educational institution. An "eligible educational
institution" shall mean any public school district, a board of
cooperative educational services, a public elementary or secondary
school, a school approved pursuant to article eighty-five or eighty-nine
of the education law to serve students with disabilities of school age,
or a nonpublic elementary or secondary school that provides instruction
in grade one or above, all public library systems as defined in
subdivision one of section two hundred seventy-two of the education law,
and all public and free association libraries as such terms are defined
in subdivision two of section two hundred fifty-three of the education
law.

(c) Payroll expense. Payroll expense means wages and compensation as
defined in sections 3121 and 3231 of the internal revenue code (without
regard to section 3121(a)(1) and section 3231(e)(2)(A)(i)), paid to all
covered employees.

(d) Covered employee. Covered employee means an employee who is
employed within the MCTD.

(e) Net earnings from self-employment. Net earnings from
self-employment has the same meaning as in section 1402 of the internal
revenue code, provided, however, that for purposes of determining
whether the exclusion pursuant to paragraph 13 of subsection (a) of
section 1402 of the internal revenue code applies, an individual shall
not be considered a limited partner if the individual, directly or
indirectly, takes part in the control, or participates in the management
or operations of the partnership such that the individual is not a
passive investor, regardless of the individual's title or
characterization in a partnership or operating agreement.