§702.604. Determining the amount of compensation for occupational disease claims which become manifest after retirement.
20 C.F.R. § 702.604
If the claim is for disability benefits and the time of injury occurs after the employee has retired, compensation shall be 66 2/3 percent of the payrate, as determined under § 702.603, times the disability, as determined according to § 702.601(b).
If the claim is for death benefits and the time of injury occurs after the decedent has retired, compensation shall be the percent specified in section 9 of the Act, 33 U.S.C. 909, times the payrate determined according to § 702.603. Total weekly death benefits shall not exceed one fifty-second part of the decedent's average annual earnings during the fifty-two week period preceding retirement, such benefits shall be subject to the limitation provided for in section 6(b)(1) of the Act, 33 U.S.C. 906(b)(1).
Notes, amendments, and revision history
Amendments
[50 FR 406, Jan. 3, 1985, as amended at 51 FR 4286, Feb. 3, 1986]
Source
Source: 50 FR 406, Jan. 3, 1985, unless otherwise noted.
Authority
Authority: 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.
Source
Source: 38 FR 26861, Sept. 26, 1973, unless otherwise noted.
Amendments
[50 FR 406, Jan. 3, 1985, as amended at 51 FR 4286, Feb. 3, 1986]