Preferential Pension for Charge Preparation Workers under List No. 1 in Ukraine
In the course of their work, charge preparation workers perform a wide range of duties, which vary depending on their qualification grade. The duties associated with this occupation include preparing the charge mixture, crushing raw materials, monitoring the quantity and quality of raw materials, operating and maintaining equipment and machinery, and performing other related processes.
According to the Ukrainian Classification of Occupations (DK 003:2010), this occupation corresponds to code 8122. The work is considered difficult and may involve working conditions that are harmful to an employee’s health. For this reason, Ukrainian legislation provides special preferential retirement conditions for employees in this occupation. In particular, qualifying employees may become entitled to an old-age pension on preferential terms at the age of 50 rather than under the general retirement rules. For men, the required insurance record is generally at least 25 years, including at least 10 years of employment under List No. 1. For women, the required insurance record is generally at least 20 years, including at least 7 years and 6 months of employment under List No. 1.
An analysis of Ukrainian court practice shows that one significant category of pension disputes concerns confirmation of employment in an occupation that entitles a person to an old-age pension on preferential terms.
The employment record book is one of the primary documents used to confirm a person’s employment history. However, in some cases, the employment record book may not contain sufficient information confirming employment in a position that qualifies for a preferential pension. In such circumstances, it may be necessary to obtain clarifying certificates from the relevant enterprises or their legal successors. Such certificates are primarily required where the employment record book does not contain sufficient information to establish the preferential nature of the relevant employment period. Unfortunately, in practice, the Pension Fund of Ukraine may refuse to grant an old-age pension on preferential terms due to the absence of clarifying certificates even where the employment record book has been properly completed and contains the relevant entries. Where possible, obtaining additional supporting documents may help avoid such disputes. However, another problem may arise if the enterprise’s records have not been preserved or are located in territories not controlled by the Ukrainian authorities. In such circumstances, it may be necessary to challenge the Pension Fund’s refusal before an administrative court and seek recognition of the relevant periods of employment as preferential service.
In conclusion, given the difficult and harmful working conditions associated with the occupation of a charge preparation worker, Ukrainian legislation provides preferential retirement conditions for employees in this profession. Nevertheless, problems may arise in practice when confirming preferential service or applying for a pension. If the Pension Fund unlawfully refuses to recognise qualifying employment periods, its decision may be challenged before an administrative court.
