Personnel policies may be established so as to include under the State Merit System certain positions in the Department of Mental Health and so as to exclude other positions; however, employees of the Alabama Department of Mental Health and positions in such department which were under a Merit System on September 30, 1965, or which are placed under a Merit System by law after October 29, 1965, shall continue under such Merit System unless any such position is abolished by the Alabama Department of Mental Health.
Ala. Code § 22-50-41 (1975)