Preferential Pension for Mine Rescue Service Workers under List No. 1
Work involving the rescue of human lives, search and rescue operations, elimination of the consequences of emergencies at underground and surface facilities in the coal industry, as well as extinguishing underground fires, is particularly difficult and dangerous. These tasks are performed by specialised mine rescue services. Personnel directly engaged in such operations may be considered to work under particularly harmful and difficult working conditions, entitling them to an old-age pension on preferential terms. Such work is covered by List No. 1, approved by Resolution No. 461 of the Cabinet of Ministers of Ukraine dated 24 June 2016.
The occupations associated with this type of work include, in particular, mine rescue unit commanders and respirator operators of emergency rescue units. The relevant occupational and qualification requirements are established by the Ukrainian occupational qualification regulations applicable to civil protection and mine rescue personnel.
The dangerous nature of mine rescue work and the considerable physical and occupational risks associated with it have been recognised by Ukrainian legislation. For this reason, employees whose work meets the applicable requirements may qualify for an old-age pension on preferential terms.
What are the conditions for obtaining a preferential pension?
Employees whose mine rescue work qualifies under List No. 1 may generally be entitled to an old-age pension on preferential terms from the age of 50. Men generally need at least 25 years of insurance record, including at least 10 years of qualifying List No. 1 employment. Women generally need at least 20 years of insurance record, including at least 7 years and 6 months of qualifying List No. 1 employment.
How can preferential service in a mine rescue service be confirmed?
The employment record book is one of the primary documents used to confirm a person’s employment history. For a period of employment in a mine rescue service to be recognised as preferential service, the relevant entries should contain sufficient information reflecting the nature and conditions of the work performed. Where the employment record book contains the necessary information, it may provide sufficient evidence for recognising the relevant period as qualifying List No. 1 service.
In some cases, however, the employment record book may not contain sufficient information concerning the nature or conditions of the work. In such circumstances, clarifying certificates may be obtained from the employer or its legal successor. Such certificates are generally required where the employment record book itself does not contain enough information to establish that the relevant employment qualifies for an old-age pension on preferential terms.
In practice, the Pension Fund of Ukraine may refuse to grant a preferential pension to mine rescue service employees because they have not provided clarifying certificates, even where their employment record books contain properly completed entries. Where possible, obtaining the requested certificates may resolve the issue. However, difficulties arise where the employer’s records have not been preserved or are located in territory temporarily outside the control of the Ukrainian authorities.
In such circumstances, the Pension Fund’s refusal may be challenged before an administrative court. The applicant may seek recognition of the relevant periods of mine rescue employment as qualifying preferential service and request that the Pension Fund reconsider the pension entitlement in accordance with the court’s findings.
In summary, Ukrainian legislation provides special pension guarantees for employees of mine rescue services due to the particularly difficult, harmful and dangerous nature of their work. Nevertheless, problems may arise when confirming qualifying List No. 1 service. If the Pension Fund refuses to recognise such employment despite sufficient evidence, the employee may protect their pension rights before an administrative court.
