61-6-58. Qualification for extended benefits on termination of regular benefit year. The term, exhaustee, under the provisions of §§ 61-6-49 to 61-6-63, inclusive, includes an individual who, with respect to any week of unemployment in the individual's eligibility period:

(1) The individual's benefit year having ended prior to that week, has insufficient wages or employment, or both, on the basis of which the individual could establish in any state a new benefit year that would include the week, or having established a new benefit year that includes the week, the individual is precluded from receiving regular benefits by reason of the provision in § 61-6-36, which meets the requirement of section 3304 (a)(7) of the Federal Unemployment Tax Act, or the similar provision in any other state law;

(2) Has no right for the week to reemployment assistance or unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act, the Trade Expansion Act of 1962, and such other federal laws as are specified in regulations issued by the United States secretary of labor; and

(3) Has not received and is not seeking for the week reemployment assistance under the unemployment compensation law of the Virgin Islands or Canada, unless the appropriate agency finally determines that the individual is not entitled to reemployment assistance under the law for the week.Source: SL 1971, ch 276, § 81 (2); SDCL Supp, § 61-6-38 (2); § 61-6-38 (3), (4) as enacted by SL 1974, ch 331, § 3; SL 2008, ch 277, § 142; SDCL § 61-6-38.2; SL 2012, ch 252, § 59; SL 2019, ch 216, § 21.