20 CFR §702.701

1. (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.
2. (b)The section 10(f) adjustment for a given fiscal year is the lower of:
   1. (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. (2)5 percent.
3. (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.
4. (d)In applying section 10(f) adjustments—
   1. (1)Calculations are rounded to the nearest dollar; and
   2. (2)No adjustment is made if the calculated amount is less than one dollar.
5. (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.
6. (f)Section 10(f) adjustments do not apply to compensation for temporary or partial disability.