Section 36-22-64 Election Between Retirement Plans.

(a) No individual may participate in both a supernumerary sheriff program and the Employees’ Retirement System based on the same service. (b) An individual who independently qualifies for a supernumerary sheriff program and the Employees’ Retirement System based on separate years of service may participate in both programs. (c) If any sheriff is eligible for retirement benefits under any other county, state, or municipal retirement plan or act, then, in that event, he or she shall elect the plans or acts in which he or she desires to participate and shall notify the proper authority not later than 60 days after he or she becomes eligible for any payments under this article; provided, however, that such election shall not affect any such individual’s entitlement to benefits under Article 4 of Chapter 21 .