124 STAT. 73 PUBLIC LAW 111–147—MAR. 18, 2010 ‘‘(d) SPECIAL EXEMPTION FOR CERTAIN INDIVIDUALS HIRED IN 2010.— ‘‘(1) IN GENERAL.—Subsection (a) shall not apply to wages paid by a qualified employer with respect to employment during the period beginning on the day after the date of the enactment of this subsection and ending on December 31, 2010, of any qualified individual for services performed— ‘‘(A) in a trade or business of such qualified employer, or ‘‘(B) in the case of a qualified employer exempt from tax under section 501(a), in furtherance of the activities related to the purpose or function constituting the basis of the employer’s exemption under section 501. ‘‘(2) QUALIFIED EMPLOYER.—For purposes of this sub- section— ‘‘(A) IN GENERAL.—The term ‘qualified employer’ means any employer other than the United States, any State, or any political subdivision thereof, or any instrumentality of the foregoing. ‘‘(B) TREATMENT OF EMPLOYEES OF POST-SECONDARY EDUCATIONAL INSTITUTIONS.—Notwithstanding subpara- graph (A), the term ‘qualified employer’ includes any employer which is a public institution of higher education (as defined in section 101(b) of the Higher Education Act of 1965). ‘‘(3) QUALIFIED INDIVIDUAL.—For purposes of this sub- section, the term ‘qualified individual’ means any individual who— ‘‘(A) begins employment with a qualified employer after February 3, 2010, and before January 1, 2011, ‘‘(B) certifies by signed affidavit, under penalties of perjury, that such individual has not been employed for more than 40 hours during the 60-day period ending on the date such individual begins such employment, ‘‘(C) is not employed by the qualified employer to replace another employee of such employer unless such other employee separated from employment voluntarily or for cause, and ‘‘(D) is not an individual described in section 51(i)(1) (applied by substituting ‘qualified employer’ for ‘taxpayer’ each place it appears). ‘‘(4) ELECTION.—A qualified employer may elect to have this subsection not apply. Such election shall be made in such manner as the Secretary may require. ‘‘(5) SPECIAL RULE FOR FIRST CALENDAR QUARTER OF 2010.— ‘‘(A) NONAPPLICATION OF EXEMPTION DURING FIRST QUARTER.—Paragraph (1) shall not apply with respect to wages paid during the first calendar quarter of 2010. ‘‘(B) CREDITING OF FIRST QUARTER EXEMPTION DURING SECOND QUARTER.—The amount by which the tax imposed under subsection (a) would (but for subparagraph (A)) have been reduced with respect to wages paid by a qualified employer during the first calendar quarter of 2010 shall be treated as a payment against the tax imposed under subsection (a) with respect to the qualified employer for the second calendar quarter of 2010 which is made on the date that such tax is due.’’. Definition. Definition. Time period.
