Preferential Pension for Underground Mine Workers under List No. 1 in Ukraine
Underground work, particularly work in mines, is physically demanding and requires considerable strength and endurance. Long-term underground employment may also involve significant occupational health risks. For this reason, Ukrainian legislation provides special social guarantees for employees engaged in such work, including the right to an old-age pension on preferential terms.
Underground work in mines and other mining operations involving the extraction of minerals, geological exploration, drainage mines, and the construction of mines and other underground mining facilities is classified as work involving particularly harmful and difficult working conditions. Such employment may entitle a person to an old-age pension on preferential terms under List No. 1, approved by Resolution No. 461 of the Cabinet of Ministers of Ukraine dated 24 June 2016.
Occupations associated with this type of work include underground miners, underground mining foremen, mining work-rate specialists engaged in underground operations, longwall miners, tunnellers and other underground workers. The relevant occupational characteristics and qualification requirements are set out in the applicable Ukrainian occupational qualification regulations for the mining industry.
One of the most common occupations associated with preferential pension entitlement is that of an underground miner. The duties of an underground miner may include handling extracted rock at the workplace, moving loaded and empty mine cars, cleaning mine cars, machinery and mechanisms, as well as performing other work directly connected with underground mining operations.
What are the conditions for granting an old-age pension on preferential terms to employees working full-time underground?
The principal advantage of this type of pension is the possibility of retiring at a reduced retirement age. Employees whose underground 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 List No. 1 underground 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 underground mine work to be recognised as preferential service, the relevant employment entry should contain sufficient information reflecting the nature and conditions of the work. For example, where a person worked as an underground miner, the entry may state: “Employed as an underground miner working full-time underground.” A properly completed entry of this kind may provide sufficient grounds for recognising the relevant period as preferential 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, additional evidence may be obtained in the form of clarifying certificates issued by 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 employees who worked full-time underground because they have not provided clarifying certificates, even where their employment record books contain properly completed entries. Obtaining the requested certificates may resolve the issue in some cases. 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 need to be challenged before an administrative court, seeking recognition of the relevant periods of underground employment as qualifying preferential service.
The Supreme Court has repeatedly addressed similar disputes. Its legal positions indicate that the absence of a separate clarifying certificate concerning the nature and conditions of employment should not automatically disprove the existence of qualifying preferential service where a properly completed employment record book contains sufficient information confirming the relevant underground work.
Therefore, properly documenting periods of underground employment is particularly important when applying for a preferential pension. A correctly completed employment record book may be sufficient to confirm qualifying List No. 1 service, while additional certificates may be necessary where the available entries are incomplete. If the Pension Fund refuses to recognise qualifying underground employment despite sufficient evidence, its decision may be challenged before an administrative court. Ukrainian court practice provides important legal grounds for protecting the pension rights of underground workers.
