Preferential Pension for Tunnel Workers under List No. 1 in Ukraine
Under Ukraine’s solidarity pension system, entitlement to an old-age pension depends primarily on a person’s age and insurance record. At the same time, Ukrainian legislation recognises that certain occupations differ from others because of their complexity and specific working conditions. Employment in such occupations may qualify as preferential service and entitle a person to retire earlier.
For example, employees engaged in the construction, repair and maintenance of mine workings, metro systems, underground channels, tunnels and other underground structures may fall within List No. 1, approved by the Cabinet of Ministers of Ukraine. One of the occupations included in this category is a tunnel worker (tunneller). The duties of such workers include tunnelling operations of varying complexity during the underground construction of tunnels, metro stations and special-purpose underground structures.
What are the retirement conditions for these employees?
Employees engaged in qualifying construction, repair and other work involving mine workings, metro systems, underground channels, tunnels and other underground structures may 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 examined when determining a person’s entitlement to a pension. In some cases, due to errors or omissions by the employer, entries in the employment record book may lack the necessary information, stamps or other details required to establish the preferential nature of the employment. In such circumstances, it may be necessary to obtain a clarifying certificate from the employer or another authorised source.
However, the Pension Fund of Ukraine may sometimes refuse to grant a preferential pension because the applicant has not provided a clarifying certificate even though the employment record book has been properly completed and contains sufficient information concerning the qualifying work. Such an additional certificate should generally be required where the entries in the employment record book are insufficient to establish the preferential nature of the relevant period of employment. Where the available records already provide sufficient 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 disputes provide important guidance for protecting pension rights and recognising periods of qualifying List No. 1 employment.
Therefore, entitlement to a preferential pension for employees engaged in the construction, repair and maintenance of mine workings, metro systems, underground channels, tunnels and other underground structures depends on properly confirming the relevant periods and nature of 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 preferential service, the applicant may seek protection of their pension rights before an administrative court.
