[Code of Federal Regulations]

[Title 20, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 20CFR10.216]



[Page 25]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                      CHAPTER I--OFFICE OF WORKERS'

                         COMPENSATION PROGRAMS,

                           DEPARTMENT OF LABOR

 

PART 10_CLAIMS FOR COMPENSATION UNDER THE FEDERAL EMPLOYEES' COMPENSATION 

ACT, AS AMENDED--Table of Contents

 

                      Subpart C_Continuation of Pay

 

Sec.  10.216  How is the pay rate for COP calculated?



    The employer shall calculate COP using the period of time and the 

weekly pay rate.

    (a) The pay rate for COP purposes is equal to the employee's regular 

``weekly'' pay (the average of the weekly pay over the preceding 52 

weeks).

    (1) The pay rate excludes overtime pay, but includes other 

applicable extra pay except to the extent prohibited by law.

    (2) Changes in pay or salary (for example, promotion, demotion, 

within-grade increases, termination of a temporary detail, etc.) which 

would have otherwise occurred during the 45-day period are to be 

reflected in the weekly pay determination.

    (b) The weekly pay for COP purposes is determined according to the 

following formulas:

    (1) For full or part-time workers (permanent or temporary) who work 

the same number of hours each week of the year (or of the appointment), 

the weekly pay rate is the hourly pay rate (A) in effect on the date of 

injury multiplied by (x) the number of hours worked each week (B): A x B 

= Weekly Pay Rate.

    (2) For part-time workers (permanent or temporary) who do not work 

the same number of hours each week, but who do work each week of the 

year (or period of appointment), the weekly pay rate is an average of 

the weekly earnings, established by dividing (/) the total earnings 

(excluding overtime) from the year immediately preceding the injury (A) 

by the number of weeks (or partial weeks) worked in that year (B): A / B 

= Weekly Pay Rate.

    (3) For intermittent and seasonal workers, whether permanent or 

temporary, who do not work either the same number of hours or every week 

of the year (or period of appointment), the weekly pay rate is the 

average weekly earnings established by dividing (/) the total earnings 

during the full 12-month period immediately preceding the date of injury 

(excluding overtime) (A), by the number of weeks (or partial weeks) 

worked during that year (B) (that is, A / B); or 150 times the average 

daily wage earned in the employment during the days employed within the 

full year immediately preceding the date of injury divided by 52 weeks, 

whichever is greater.



[63 FR 65306, Nov. 25, 1998; 63 FR 71202, Dec. 23, 1998]