(1) "Educational assistance" means the payment by an employer of expenses incurred by or on behalf of an employee for the employee's education, and includes, but is not limited to, payments for books, supplies, equipment, tuition, and fees, and similar payments. "Educational assistance" includes the provision by an employer of courses of instruction for an employee, including the provision of books, supplies, and equipment. "Educational assistance" does not include any payment for, or the provision of, any of the following:
(A) Any tools or supplies that may be retained by the employee after completion of a course of instruction.(B) Any meals, lodging, or transportation.(C) Any course or education involving sports, games, or hobbies.(D) Any course or education taken at the graduate level of a kind normally taken by an individual pursuing a program leading to a law, business, medical, or other advanced academic or professional degree. This subparagraph applies only to any course or education taken at the graduate level beginning after June 30, 1996, and before January 1, 2000.