---
kind: "section"
citation: "20 C.F.R. § 702.701"
title: "20"
number: "702.701"
heading: "What is an annual section 10(f) adjustment and how is it calculated?"
url: "https://uscodex.org/cfr/20/702.701"
---

# §702.701. What is an annual section 10(f) adjustment and how is it calculated?

- (a) Claimants receiving compensation for permanent total disability or death benefits are entitled to [section 10(f)](/cfr/20/10.md?p=f) adjustments each fiscal year. A [section 10(f)](/cfr/20/10.md?p=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)](/cfr/20/702.804.md?p=b)); or
  - (2) 5 percent.
- (c) [Section 10(f)](/cfr/20/10.md?p=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)](/cfr/20/10.md?p=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.**

## Notes

### Source

Source: 83 FR 17290, Apr. 19, 2018, 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.