(a) Any person who has held a classified position in any merit or civil service system within the State of Alabama or within any political subdivision thereof and relinquished that position to accept an appointment to an unclassified position shall be returned to permanent status in the same merit classification which that person held at the time of appointment, providing that person shall:

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Terms Used In Alabama Code 36-26-32.1

  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(1) Choose to be returned to the merit or civil service classification.
(2) Have accepted an appointment to an unclassified position within the same agency where employment was under the merit or civil service system.
(3) Not have had a break in service exceeding one pay period.
(4) Not have been the subject to any pending disciplinary action at time of appointment.
(5) Have had at least 10 years service in the merit or civil service system at time of appointment.
(b) Any person who returns to a former merit or civil service classification under the provisions of subsection (a) shall revert to his or her former position in which he or she held status in the classified service. The reversion shall be without loss of salary or other benefits which would have accrued to the employee and to which the employee would have otherwise been entitled had he or she remained within the classified service. It is further provided, that when a person returns to a former classification no person serving in that classification shall be reduced in classification but reduction if necessary shall be accomplished by attrition.
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