§ 8-70-122 — Employment - American employer

(1) Employment means
services of an individual who is a citizen of the United States performed outside the
United States (except in Canada) after December 31, 1971, in the employ of an
American employer (other than service which is deemed employment under the
provisions of section 8-70-117 or the parallel provisions of another state's law) if:

(a) The employer's principal place of business in the United States is located
in this state; or

(b) The employer has no place of business in the United States but the
employer is an individual who is a resident of this state; or the employer is a
corporation which is organized under the laws of this state; or the employer is a
partnership or a trust and the number of the partners or trustees who are residents
of this state is greater than the number who are residents of any one other state; or

(c) None of the criteria of paragraphs (a) and (b) of this subsection (1) is met
but the employer has elected coverage in this state or, the employer having failed
to elect coverage in any state, the individual has filed a claim for benefits based on
the service, under the law of this state.

(2) For purposes of this section:

(a) An American employer means an individual person who is a resident of
the United States; or a partnership if two-thirds or more of the partners are
residents of the United States; or a trust if all of the trustees are residents of the
United States; or a corporation organized under the laws of the United States or of
any state.

(b) United States includes the District of Columbia, the commonwealth of
Puerto Rico, and the Virgin Islands.

Legislative History

Source: L. 90: Entire section added, p. 594, � 3, effective April 3. L. 92: IP(1) amended, p. 1793, � 1, effective April 10.