For the purposes of §§ 28-42-13 and 28-42-13.1, “employment” does not include services performed in the employ of a “governmental entity” as defined in § 28-42-3(22) by an individual in the exercise of duties:
(1) As an elected official;
(2) As a member of a legislative body, or a member of the judiciary of a state or political subdivision;
(3) As a member of the national guard or air national guard;
(4) As an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or similar emergency; or
(5) In a position which, under or pursuant to the laws of this state, is designated as a:
(i) Major non-tenure policymaking or advisory position; or
(ii) Policymaking or advisory position, the performance of the duties of which ordinarily does not require more than eight (8) hours per week.