118 STAT. 2179 PUBLIC LAW 108–375—OCT. 28, 2004 covered illness of the employee, the survivor of that employee may elect to receive, in lieu of compensation under subparagraph (A), the amount of contractor employee compensation that the employee would have received in accordance with section 3673 if the employee’s death had not occurred before compensation was paid under para graph (1). ‘‘SEC. 3673. COMPENSATION SCHEDULE FOR CONTRACTOR EMPLOYEES. ‘‘(a) COMPENSATION PROVIDED.—The amount of contractor employee compensation under this subtitle for a covered DOE con tractor employee shall be the sum of the amounts determined under paragraphs (1) and (2), as follows: ‘‘(1) IMPAIRMENT.—(A) The Secretary shall determine— ‘‘(i) the minimum impairment rating of that employee, expressed as a number of percentage points; and ‘‘(ii) the number of those points that are the result of any covered illness contracted by that employee through exposure to a toxic substance at a Department of Energy facility. ‘‘(B) The employee shall receive an amount under this paragraph equal to $2,500 multiplied by the number referred to in clause (ii) of subparagraph (A). ‘‘(2) WAGE LOSS.—(A) The Secretary shall determine— ‘‘(i) the calendar month during which the employee first experienced wage loss as the result of any covered illness contracted by that employee through exposure to a toxic substance at a Department of Energy facility; ‘‘(ii) the average annual wage of the employee for the 36 month period immediately preceding the calendar month referred to in clause (i), excluding any portions of that period during which the employee was unemployed; and ‘‘(iii) beginning with the calendar year that includes the calendar month referred to in clause (i), through and including the calendar year during which the employee attained normal retirement age (for purposes of the Social Security Act)— ‘‘(I) the number of calendar years during which, as the result of any covered illness contracted by that employee through exposure to a toxic substance at a Department of Energy facility, the employee’s annual wage exceeded 50 percent of the average annual wage determined under clause (ii), but did not exceed 75 percent of the average annual wage determined under clause (ii); and ‘‘(II) the number of calendar years during which, as the result of any covered illness contracted by that employee through exposure to a toxic substance at a Department of Energy facility, the employee’s annual wage did not exceed 50 percent of the average annual wage determined under clause (ii). ‘‘(B) The employee shall receive an amount under this paragraph equal to the sum of— ‘‘(i) $10,000 multiplied by the number referred to in clause (iii)(I) of subparagraph (A); and 42 USC 7385s–2.
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