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20 CFR § 702.603 - Determining the payrate for compensating occupational disease claims which become manifest after retirement.

---
identifier: "/us/cfr/t20/s702.603"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "20 CFR § 702.603 - Determining the payrate for compensating occupational disease claims which become manifest after retirement."
title_number: 20
title_name: "Employees' Benefits"
section_number: "702.603"
section_name: "Determining the payrate for compensating occupational disease claims which become manifest after retirement."
chapter_name: "OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR"
subchapter_number: "A"
subchapter_name: "LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT AND RELATED STATUTES"
part_number: "702"
part_name: "ADMINISTRATION AND PROCEDURE"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301, and 8171  33 U.S.C. 901  42 U.S.C. 1651  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."
regulatory_source: "38 FR 26861, Sept. 26, 1973, unless otherwise noted."
cfr_part: "702"
---

# 702.603 Determining the payrate for compensating occupational disease claims which become manifest after retirement.

(a) If the time of injury occurs within the first year after the employee has retired, the payrate for compensation purposes shall be one fifty-second part of the employee's average annual earnings during the fifty-two week period preceding retirement.

(b) If the time of injury occurs more than one year after the employee has retired the payrate for compensation purposes shall be the national average weekly wage, determined according to section 6(b)(3) of the Act, 33 U.S.C. 906(b)(3), at the time of injury.