Page:United States Statutes at Large Volume 85.djvu/786

 756

PUBLIC LAW 92-211~DEC. 22, 1971

[85 STAT.

Public Law 92-211 December 22, 1971

[s. 2429]

District of Columbia Unemployment Compensation Act Amendments of 1971. 57 Stat. 100. Definitions.

68A Stat. 439; 84 Stat. 695. 26 USC 3 3 0 1. 26 USC 3306.

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ACT

To aiueiul the District of Columbiu I'Heniploynirnt Conipensation Act in order to coiifonn to Federal law, and for other purposes.

Be It enacted by the Senate rind House of Representatives of the rnitedStates of America in Congress assembled. That this Act may be cited as the "District of Columbia Unemployment Compensation Act Amendments of 1971". SEC. 2. The District of Columbia Unemployment Compensation Act, approved August 28, 1985, as amended, is further amended as follows: (1) Section 1(b)(1) of such Act (D.C. Code, sec. 46-301 (b)(1)) is amended to read as follows: " (1) 'Employment' means: " (A) Any service performed prior to January 1, 1972, which was employment as defined in this subsection prior to such date and, subject to the other provisions of this subsection, service performed after December 81, 1971, including- service in interstate commerce, by— "(i) any officer of a corporation; or "(ii) any individual who, under the usual common law rules applicable in determining the employer-employee relationship, has the status of an employee; or "(iii) any individual other than an individual who is an employee under subdivision (i) or (ii) who performs services for remuneration for any person— " (I) as an agent-driver or commission-driver engaged in distributing meat products, vegetable))roducts, fruit products, bakery products, beverages (other than milk), or laundry or drycleaning services, for his principal; " ( II) as a traveling or city salesman, other than as an agent-driver or commission-driver, engaged upon a full-time basis in the solicitation on behalf of, and the transmission to, his principal (except for side-line sales activities on behalf of some other person) of orders from wholesalers, retailers, contractors, or operators of hotels, restaurants, or other similar establishments for merchandise for resale or supplies for use in their business operations: Provided, That for purposes of subparagraph (A) ( i i i), the term 'employment' shall inc^.ude services described in (I) and ( II) above performed after December 81, 1971, only if: " 1. The contract of service contemplates that substantially all of the services are to be performed personally by such individual; "2. The individual does not have a substantial investment in facilities used in connection with the performance of the services (other than in facilities for transportation); and "8. The services are not in the nature of a single transaction that is not part of a continuing relationship with the person for whom the services are performed. " (B) Service performed after December 81, 1971, by an individual in the employ of the District or any of its instrumentalities (or in the employ of the District and one or more States or their instrumentalities) for a hospital or institution of higher education: Provided, That such service is excluded from 'employment' as defined in the Federal Unemployment Tax Act solely by reason of section 3306(c)(7) of that Act and is not excluded from 'employment' under section 1(b)(1)(D) of this Act;

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