Preferential Pension for Bunker Operators under List No. 1 in Ukraine
The occupation of a bunker operator involves operating various types of machinery used to fill bunkers with materials. The specific duties performed by a bunker operator may vary depending on the employee’s qualification grade.
According to the Ukrainian Classification of Occupations (DK 003:2010), this occupation corresponds to code 8112. The work is complex, physically demanding and potentially harmful to health. Due to these working conditions, Ukrainian legislation provides preferential retirement conditions for employees in this occupation. In particular, employees whose work qualifies under List No. 1 may be entitled to an old-age pension on preferential terms from the age of 50 rather than the general statutory retirement age. Men generally need at least 25 years of insurance record, including at least 10 years of employment in qualifying List No. 1 work. Women generally need at least 20 years of insurance record, including at least 7 years and 6 months of employment in qualifying List No. 1 work.
An analysis of Ukrainian court practice shows that a 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, it may not contain sufficient information to establish that the relevant employment qualifies for a preferential pension. In such circumstances, a person may need to obtain clarifying certificates from the employer or its legal successor. Such additional certificates are generally required where the employment record book does not contain sufficient information to confirm the preferential nature of the work.
In practice, however, the Pension Fund of Ukraine may refuse to grant an old-age pension on preferential terms because the applicant has not provided a clarifying certificate, even where the employment record book contains properly completed entries confirming the relevant employment. Where possible, obtaining additional supporting documents may help resolve the issue without litigation. 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 employment as qualifying preferential service.
In summary, due to the difficult and harmful working conditions associated with the occupation of bunker operator, Ukrainian legislation provides preferential old-age pension rights for employees whose work meets the applicable List No. 1 requirements. Nevertheless, difficulties may arise when confirming qualifying periods of employment. If the Pension Fund refuses to recognise such periods without sufficient legal grounds, its decision may be challenged before an administrative court.
