Participation in program.

(a) Any sheriff or any person who has served as Sheriff of Madison County who meets either of the following qualifications may elect to participate in the supernumerary sheriff's program:

(1) A person who has had 12 years of service as a law enforcement officer, four of which have been as a sheriff, and who has become physically unable to carry out his or her duties on a full-time basis, proof of such disability being made by certificate of three reputable physicians.

(2) A person who has had 30 years of service as a Madison County law enforcement officer; eight of which have been as a Sheriff of Madison County, and who has reached the age of 55 years.

(b) The person 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 30-year period or reaching the age of 55 years, both having been fulfilled, or at any time thereafter. If the Governor finds that the declarant is qualified under either subdivision (1) or subdivision (2), hereinabove set forth, he or she shall then issue the declarant a commission as supernumerary sheriff. The office of sheriff made vacant by the election of the 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.

(Act 2001-413, p. 525, § 1.)