(2) "Employment" does not include services that are performed in the employ of the state, any political subdivision or instrumentality of the state or an Indian tribe:
(a) As an elected public official.
(b) In a position that, under or pursuant to laws of this state or tribal laws, is designated as a policymaking or advisory position the performance of the duties of which ordinarily does not require more than eight hours per week.
(c) As an employee serving on a temporary basis in case of fire, storm, earthquake, flood or similar emergency.
(d) As a member of a legislative body or a member of the judiciary.
(e) By an adult in custody in a custodial or penal institution when such services are performed for the custodial or penal institution in which the adult in custody is confined.
(f) As a member of the Oregon Army National Guard or Oregon Air National Guard.
(3) The provisions of ORS 657.425 permitting election of coverage for services that do not constitute "employment" do not apply to services performed as an elected public or tribal official.
(4) Notwithstanding the provisions of ORS 657.025, "employer" means any state government, political subdivision or Indian tribe employing unit. [Amended by 1955 c.655 §4; 1957 c.682 §2; subsection (2) enacted as 1957 c.682 §4; 1959 c.398 §2; 1959 c.665 §1; 1961 c.452 §1; 1969 c.275 §1; 1971 c.463 §9; 1973 c.715 §2; 1975 c.156 §2; 1977 c.446 §3; 2001 c.572 §7; 2019 c.213 §114]