§36-22-60. Qualifications; election; filling of vacancy; article applies only to elected sheriffs.

Any sheriff, on or after July 19, 1979, of any county of this state may elect to participate in the supernumerary sheriff's program provided by this article. Any sheriff, on or after July 19, 1979, of any county of this state:

(1) Who has had 12 years of service credit as a law enforcement officer, four of which have been as a sheriff and who has become permanently and totally disabled, proof of such disability being made by certificate of three reputable physicians; or

(2) Who has had 16 years of service credit as a law enforcement officer, 12 of which have been as a sheriff, and who has reached the age of 55 years;

may elect to become a supernumerary sheriff of the county by filing a written declaration to that effect with the Governor not more than 90 days prior to the end of the 16 year period or reaching the age of 55 years, both having been fulfilled, or at any time thereafter. If the Governor shall find that any such declarant is qualified under either subdivision (1) or (2) of this section, he shall then issue such declarant a commission as supernumerary sheriff. The office of sheriff made vacant by the election of such declarant shall be filled by appointment of the Governor as now provided by law. This section shall apply only to sheriffs who have been elected to that office.

(Acts 1979, No. 79-357, p. 569, §1.)