Title 36 — Title 36

Investment, Expenditure, Etc., of Moneys Therein. A special fund is established and placed under the management of the board for the purpose of providing retirement allowances and other benefits under this article for members of the fund. The fund shall be known as the Alabama Pe…

Executive Director of Alabama Peace Officers’ Annuity and Benefit Fund. In all criminal and quasi-criminal proceedings for the violation of laws of the state or municipal ordinances including violations of the state conservation laws or regulations which are tried in any court or…

Nothing in this article shall be construed as requiring that any member of the fund become a member of the association or the order, or that any member of the association or the order become a member of the fund. Each peace officer who becomes a member shall pay to the fund a reg…

Any peace officer who becomes a member of the fund and who left his work as a peace officer and entered directly into the armed forces of the United States and who returned to work as a peace officer within six months after he ceased to serve in the armed forces shall receive pri…

(a) When a law enforcement officer, certified corrections officer, fire protection personnel, or firefighter of the state or any political subdivision of the state is employed by a different agency of the state or political subdivision of the state within 36 months after completi…

Any member shall, at any time after reaching the age of 52 and completion of at least 15 years’ qualified service or the completion of 25 years of qualified service, regardless of age, be entitled to an annuity benefit. The amount of the monthly benefit shall be determined by the…

Any member who becomes totally or permanently disabled as a result of a heart attack or any injury received in the line of duty as a peace officer not as a result of his misconduct and who makes proper application to the board on a form to be supplied by the board and submits evi…

Each member shall be issued a certificate by the board in which the board shall agree to pay to a beneficiary to be designated by such member, upon his death while an active member, and to be conditioned upon the satisfaction of all obligations of the member to the fund, a lump s…

The board shall have appointed and employed an actuary to make an actuarial valuation every three years or earlier, if deemed required, of the receipts and income accruing to the fund based on age, expected mortality, disability, and retirement status of the members and the quali…

Any member shall be entitled at any time to withdraw from the fund and, upon application for such withdrawal on forms to be supplied by the board and approved by it, shall be entitled to receive 90 percent of all amounts heretofore paid to the fund by such member. Any member who …

(a) The executive director shall make semiannual reports to the board showing the total amount of money on hand at the time of such report, all investments then held by the board and itemizing by classifications all receipts and disbursements since the last such semiannual report…

Determination of Years of Qualified Service Conclusive; Reinstatement of Benefits of Certain Members; Adjustment of Amount of Benefits. All rights, annuities and benefits provided herein shall be subject to future change by the Legislature of the state, and subject to future chan…

Directly to Member or Beneficiary. None of the moneys referred to in this article or any benefit or annuity payable under this article shall be subject to attachment, garnishment or judgment entered against any member or any beneficiary entitled to receive the same nor shall any …

to Bar Participation in Fund. The annuities and benefits provided for in this article shall not repeal or be considered to be in substitution for any other annuity or benefit provided for by law or any other retirement system, whether municipal, county, state or federal. Particip…

Any person who, at the time of retirement, is in good standing and employed by the Department of Conservation and Natural Resources, the Alcoholic Beverage Control Board, the State Forestry Commission, the Alabama Criminal Justice Information Center, the Public Service Commission…

(a) Any peace officer or law enforcement officer as defined by subsection (4) of Section 36-21-40, who is killed in the line of duty shall have provided to the deceased officer’s survivor, as determined by the deceased officer’s department head, the badge which was assigned to sa…

Any individual employed by the Alabama Department of Public Safety as a law enforcement officer for a period of ten years or more who left the department in good standing prior to December 31, 1970, with a rank of sergeant or higher, shall, upon reaching the age of 56 years, be e…

(a) This section shall apply only to Class 4 municipalities. (b) Any Class 4 municipality may establish, by resolution, a procedure which provides that any person employed as a sworn police officer of the police department of the municipality for a period of 10 years or more who …

Authorization; Penalty for Refusal to Comply with Revocation. (a) Any honorably retired law enforcement officer whose retirement was not based on any pending disciplinary or legal action shall be eligible to obtain without charge a card authorizing the retired officer to legally …

Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009. History: (Code 1852, §680; Code 1867, §814; Code 1876, §726; Code 1886, §806; Code 1896, §3735; Code 1907, §5866; Code 1923, §10185; Acts 1933, Ex. Sess., No. 191, p. 203, §§1, 10; Code 1940, T. 41, §91; Code 1940, T.…

Each sheriff must also enter in well-bound books, whenever any execution or order of sale is received by him, the names of the parties, the character of the process, the time of its receipt, the date of the judgment on which the same issued, if it appears from such process, the a…

The sheriff must also enter on the same page, against the entries required by Section 36-22-10, the amount he receives on such execution or order of sale, stating the principal, interest and cost separately and also stating separately each item of costs he receives which is not c…

The sheriff must keep a sales book in which he must enter all the property sold by him under any process from any court, a brief description of such process, when the property was sold, the purchaser and at what price. History: (Code 1852, §693; Code 1867, §821; Code 1876, §734; …

The books required to be maintained by this article must at all times be open to the inspection of the public, free of charge, and must, at the expiration of his official term, be turned over to his successor in office. When a book has been completely filled or used up it must be…

Term. The sheriff having in his hands at the expiration of his official term any money held by him subject to the further order or judgment of any court shall, on the demand of his successor in office, pay the same to him and on such payment shall be discharged from further liabi…

(a) Sheriffs of the several counties in this state shall be compensated for their services by an annual salary payable in equal installments out of the county treasury as the salaries of other county employees are paid. The annual salary of the sheriff shall be $35,000.00, commen…

Except as otherwise provided herein, all fees, commissions, percentages, allowances, charges, and court costs heretofore collectible for the use of the sheriff and his or her deputies shall be collected and paid into the general fund of the county. Except as otherwise provided in…

The county commission shall also furnish the sheriff with the necessary quarters, books, stationery, office equipment, supplies, postage and other conveniences and equipment, including automobiles and necessary repairs, maintenance and all expenses incidental thereto, as are reas…

The county commission of each of the several counties of the state may, in its discretion and upon application of the sheriff of the county, pay the sheriff’s membership dues in the Alabama Sheriffs Association each year and also the sheriff’s membership dues in the National Sher…

The sheriff must keep his office at the courthouse. History: (Code 1852, §688; Code 1867, §816; Code 1876, §728; Code 1886, §808; Code 1896, §3737; Code 1907, §5868; Code 1923, §10187; Code 1940, T. 54, §2.)

(a) It shall be the duty of the sheriff to do all of the following: (1) Execute and return the process and orders of the courts of record of this state and of officers of competent authority with due diligence when delivered to him or her for that purpose, according to law. (2) A…

For the purpose of maintaining order and avoiding the disruption in the provision of law enforcement services and the operation of the county jail, the highest ranking deputy sheriff in the office of the sheriff shall discharge the duties of the sheriff when any of the following …

Claims of chief deputy sheriffs for services performed by them and authorized by law to be paid to them out of the county treasury are preferred claims against the county and shall be given the same priority as compensation of the members of the county commission. History: (Acts …

Any sheriff or former sheriff of any county of this state who has had 20 years of service as a law-enforcement officer, 16 of which have been as a sheriff, and who has reached the age of 55 years shall be eligible to participate and receive benefits under the Sheriffs’ Retirement…

Any sheriff of any county of this state who served as a law-enforcement officer for at least 20 years, 16 of which have been as a sheriff, and who becomes totally disabled while performing duties relative to law enforcement shall be able to receive disability payments equal to th…

The governing body of each county shall begin deducting on October 10, 1975, and each month thereafter from the salaries of such sheriffs an amount equal to four percent of the monthly salary paid such official up to $25,000.00. Such sum shall be deducted monthly and paid into th…

Those persons eligible under either Section 36-22-40 or 36-22-41 shall receive payments equal to $750.00 per month, but in no event shall any person receive payments pursuant to both the retirement and disability provisions simultaneously. Said payments shall be paid from the gen…

If any sheriff is eligible for retirement under any other county retirement act, he shall make a choice as to which act he desires to come under and shall so notify the county governing body within 60 days after he becomes eligible for any payments under this article. In the even…

No part of this article shall apply to counties having a population of 175,000 to 300,000, nor those counties having a population of 90,000 to 100,000. The provisions of this article shall not affect Lee County. History: (Acts 1975, No. 1231, p. 2591, §§6, 7.)

The sheriffs in their respective counties, whenever directed to do so in writing by the district attorney or by the Attorney General or Governor, shall make special investigation of any alleged violation of the law in their counties and shall prepare a written report setting fort…

(a) The expense of a special investigation when ordered as provided in Section 36-22-5 shall be paid from the county treasury, upon a warrant properly drawn. After the report is made, the sheriff shall file with the county commission a detailed sworn statement of his expenses acc…

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 e…

The governing body of each county shall begin deducting, upon July 19, 1979, and each month thereafter, from the salaries of such sheriffs an amount equal to six percent of the monthly salary paid such sheriff. Such sum shall be deducted monthly and paid into the general fund of …

(a) Those persons eligible under either subdivisions (1) or (2) of Section 36-22-60, who have 16 years of creditable service as a law enforcement officer, 12 of which were served as sheriff, shall be entitled to receive an amount equal to 50 percent of the monthly salary paid suc…

(a) Any sheriff, serving on July 19, 1979, of any county of this state who elects to participate in the supernumerary sheriff’s program shall receive service for supernumerary status for any time served as sheriff after July 19, 1979. Any sheriff, in order to receive service cred…

AMENDED BY ACT 2026-571, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. If any sheriff is eligible for retirement benefits under any other county, state or municipal retirement plan or act, then, in that event, he shall elect the plan or act in which he desires to parti…

Each supernumerary sheriff shall take the oath of office prescribed for sheriffs and shall be subject to call by the Governor in the event of the vacancy in the office of the sheriff. History: (Acts 1979, No. 79-357, p. 569, §6.)

Whenever it appears that the process is regular on its face and is issued by competent authority, a sheriff or other ministerial officer is justified in the execution of the same, whatever may be the defect in the proceeding on which it was issued. History: (Code 1852, §2284; Cod…

The sheriff must keep, in his office and subject to the inspection of the public during office hours, a well-bound book, to be procured at the expense of the county, in which he must enter a description of each prisoner received into the county jail, showing the name, age, sex, c…

The sheriff is authorized to execute all process which is required to be executed by constables and shall receive the same fees and compensation therefor as constables, except in cases of forcible entry and detainer and unlawful detainer, and he and his sureties on his official b…