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5 U.S.C. 301, and 8171 et seq.; 33 U.S.C. 901 et seq.; 42 U.S.C. 1651 et seq.; 43 U.S.C. 1333; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174, 64 Stat. 1263; Secretary's Order 10-2009, 74 FR 58834.
38 FR 26861, Sept. 26, 1973, unless otherwise noted.
83 FR 17290, Apr. 19, 2018, unless otherwise noted.
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(a) Claimants receiving compensation for permanent total disability or death benefits are entitled to section 10(f) adjustments each fiscal year. A section 10(f) adjustment cannot decrease the compensation or death benefits payable to any claimant.
(b) The section 10(f) adjustment for a given fiscal year is the lower of:
(1) The percentage by which the new fiscal year's national average weekly wage exceeds the prior fiscal year's national average weekly wage as determined by the Department (see § 702.804(b)); or
(2) 5 percent.
(c) Section 10(f) percentage increases are applied each October 1 to the amount of compensation or death benefits payable in the prior fiscal year.
(d) In applying section 10(f) adjustments—
(1) Calculations are rounded to the nearest dollar; and
(2) No adjustment is made if the calculated amount is less than one dollar.
(e) A section 10(f) adjustment must not increase a claimant's weekly compensation or death benefits beyond the applicable fiscal year's maximum rate.
(f) Section 10(f) adjustments do not apply to compensation for temporary or partial disability.