20 CFR 702.701
§ 702.701 What is an annual section 10(f) adjustment and how is it calculated?
United States · 20 CFR — Employees' Benefits · Status: effective
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- Citation
- 20 CFR 702.701, § 702.701 What is an annual section 10(f) adjustment and how is it calculated?, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/81972
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Full text
(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.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.