---
kind: "section"
citation: "20 C.F.R. § 702.604"
title: "20"
number: "702.604"
heading: "Determining the amount of compensation for occupational disease claims which become manifest after retirement."
url: "https://uscodex.org/cfr/20/702.604"
---

# §702.604. Determining the amount of compensation for occupational disease claims which become manifest after retirement.

- (a) 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](/cfr/20/702.603.md), times the disability, as determined according to [§ 702.601(b)](/cfr/20/702.601.md?p=b).
- (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](/usc/33/909.md), times the payrate determined according to [§ 702.603](/cfr/20/702.603.md). 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)](/usc/33/906.md?p=b-1).

## Notes

### 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]