Employees of the board of health, who were hired prior to June 1, 1994, and who have elected to continue to participate in the system until such employee shall elect to terminate participation in the system, shall be deemed constructively employees of the city during all their time in the service of the board of health, whether past, present, or future, and the retrospective and prospective terms of the system shall be retrospectively and prospectively applied to such constructive employees as fully and restrictively, and with like effect as though the board of health were actually such subsidiary board or department at all times past, present, and future and as though the employees thereof were actually employees of the city at all times while in the service of the board of health, past, present, or future. For the purposes of application of the terms of the system, such constructive employees of the city shall be deemed as in the classified service of the city during such period or periods, whether past, present, or future, as they may be or may have been subject to the same civil service system as that to which employees of the city may be or may have been contemporaneously subject, and shall be governed accordingly by the retrospective and prospective provisions of the system. However, any such constructive employee who may or may have become an employee member after the effective date by virtue of Section 45-37A-51.160 and prior to June 1, 1994, shall be entitled to count as creditable time his or her prior service time as well as his or her paid membership time. In case of existence in the same county of two cities having the classification as a Class 1 municipality that one which first entered such population class shall be deemed the city referred to in this and the next succeeding sections.
Ala. Code § 45-37A-51.301 (1975)