If it is not claimed that the disability is industrial or if the claim is made and the member so requests, the board shall proceed with retirement and with the payment of the benefits as are payable when disability is not industrial. If the Workersâ Compensation Appeals Board subsequently determines that disability is industrial, an amount equal to the benefits paid shall be deducted from the benefits payable under this system because of the determination. No additional benefits shall be payable, however, because disability is determined to be industrial unless the application for that determination is filed with the Workersâ Compensation Appeals Board or in the office of this system in Sacramento, for transmission to the Workersâ Compensation Appeals Board within two years after the effective date of the memberâs retirement.
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