(1) An individual shall be eligible to receive extended benefits with respect to any week of unemployment in his eligibility period only if the commission finds that with respect to such week:

1. (a) He is an "exhaustee" as defined in Section 41-35-390.
2. (b) He has satisfied the requirements of Chapters 27 through 41 of this title for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits.

3. (c) Except as provided in item (d), an individual shall not be eligible for extended benefits for any week if:

   1. (i) Extended benefits are payable for such week pursuant to an interstate claim filed in any state under the interstate benefit payment plan; and
   2. (ii) No extended benefit period is in effect for such week in such state.
4. (d) Item (c) of subsection (1) shall not apply with respect to the first two weeks for which extended benefits are payable (determined without regard to this subsection) pursuant to an interstate claim filed under the interstate benefit payment plan to the individual with respect to the benefit year.

(2)

1. (a) Notwithstanding the provisions of Sections 41-35-410 and 41-35-420, effective for weeks beginning after March 31, 1981, an individual is disqualified for receipt of extended benefits if the commission finds that during any week of his eligibility period he has failed either to apply for, or to accept an offer of, suitable work (as defined under item (d) of this subsection), to which he was referred by the commission.
2. (b) Notwithstanding the provisions of Sections 41-35-410 and 41-35-420, effective for weeks beginning after March 31, 1981, an individual is disqualified for receipt of extended benefits if the commission finds that during any week of his eligibility period he has failed to furnish evidence that he has actively engaged in a systematic and sustained effort to find work.
3. (c) Such disqualification begins with the week in which such failure occurred and continues until he has been employed in each of four subsequent weeks (whether or not consecutive) and has earned remuneration equal to not less than four times his weekly extended benefit amount.

4. (d) For the purposes of this subsection, the term "suitable work" means any work which is within the individual's capabilities to perform if:

   1. (i) The gross average weekly remuneration payable for the work exceeds the sum of the individual's weekly extended benefit amount plus the amount, if any, of supplemental unemployment benefits (as defined in Section 501(c)(17)(D) of the Internal Revenue Code of 1954) payable to such individual for such week;
   2. (ii) The wages payable for the work equal the higher of the minimum wages provided by Section 6(a)(1) of the Fair Labor Standards Act of 1938 (without regard to any exemption) or the state or local minimum wage;
   3. (iii) The position was offered to the individual in writing or was listed with the State Employment Service;
   4. (iv) Such work otherwise meets the definition of "suitable work" for regular benefits contained in item (3) of Section 41-35-120 to the extent that such criteria of suitability are not inconsistent with the provisions of this item; and
   5. (v) The individual cannot furnish satisfactory evidence to the commission that his prospects for obtaining work in his customary occupation within a reasonably short period of time are good. If such evidence is deemed satisfactory for this purpose, the determination of whether any work is suitable with respect to such individual must be made in accordance with the definition of suitable work contained in Section 41-35-120 without regard to the definition specified by this item (d).

(4) For the purposes of item (b) of subsection (2), an individual shall be treated as actively engaged in seeking work during any week if:

1. (a) The individual has engaged in a systematic and sustained effort to obtain work during such week;
2. (b) The individual furnishes tangible evidence that he has engaged in such effort during such week.

(6) An individual shall not be eligible to receive extended benefits with respect to any week of unemployment in his eligibility period if such individual has been disqualified for regular or extended benefits under the chapter because he or she voluntarily left work, was discharged for cause, or failed to accept an offer of or apply for suitable work unless the disqualification imposed for such reasons has been terminated in accordance with specific conditions established under the South Carolina Employment Security Law requiring the individual to perform service for remuneration subsequent to the date of such disqualification.

If the disqualification which was imposed did not require the individual to perform service for remuneration subsequent to the date of such disqualification, such individual will be ineligible for extended benefits beginning with the effective date of the request for initiation of an extended benefit claim series and continuing until he has secured employment and shows to the satisfaction of the commission that he has worked in each of at least four different weeks whether or not such weeks are consecutive and earned wages equal to at least four times the weekly benefit amount of his claim.