Preferential Pension for Employees Supporting Underground Workers under List No. 1

Under the general rules, entitlement to an old-age pension in Ukraine depends on reaching the statutory retirement age and having the required insurance record. At the same time, Ukrainian legislation provides preferential retirement conditions for certain occupations involving particularly difficult or harmful working conditions, allowing employees to retire earlier.

For example, certain employees who provide services and support to workers engaged in underground operations are covered by List No. 1, approved by the Cabinet of Ministers of Ukraine. These categories may include medical personnel working at underground healthcare stations, employees responsible for underground telephone communications and other workers whose duties are directly connected with supporting underground operations. Their work is necessary to ensure the proper functioning of enterprises engaged in the extraction of minerals.

What are the retirement conditions for these employees?

Employees whose 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 preferential employment. Women generally need at least 20 years of insurance record, including at least 7 years and 6 months of qualifying preferential employment.

What problems most commonly arise when applying for a preferential pension?

The employment record book is one of the primary documents used to confirm a person’s employment history. However, entries in the employment record book may sometimes be incomplete, contain formal deficiencies or lack information necessary to establish that the relevant period qualifies as preferential service. In such circumstances, it may be necessary to obtain a clarifying certificate from the employer or another authorised source.

In practice, however, the Pension Fund of Ukraine may refuse to grant a preferential pension because an applicant has not provided a clarifying certificate even though the employment record book has been properly completed and contains sufficient information concerning the relevant work. A clarifying certificate should generally be required where the employment record book does not contain sufficient information to establish the preferential nature of the employment. Where the available records already provide such confirmation, an additional certificate should not automatically be required.

If the Pension Fund refuses to recognise qualifying periods of employment without sufficient legal grounds, its decision may be challenged before an administrative court. The legal positions developed by the Supreme Court in similar pension disputes provide important guidance for protecting employees’ rights and recognising qualifying periods of preferential service.

Therefore, entitlement to a preferential pension for employees who provide services and support to underground workers depends on properly confirming the relevant periods and nature of their employment. A properly completed employment record book and, where necessary, clarifying certificates may be used for this purpose. If the Pension Fund refuses to recognise qualifying List No. 1 service, the applicant may seek protection of their pension rights before an administrative court.