Preferential Pension for Separator Operators Under List No. 1 in Ukraine
In the course of performing their professional duties, separator operators carry out a wide range of tasks related to separation processes performed using various types of machinery and equipment. In addition, this profession requires specialised knowledge and practical skills.
According to the Ukrainian Classification of Occupations (DK 003:2010), this profession corresponds to code 8112. Those employed in this occupation understand particularly well how difficult and hazardous this type of work can be. Ukrainian legislation also recognises the harmful working conditions associated with this profession. For this reason, special preferential retirement conditions have been established for separator operators. In particular, representatives of this profession may be entitled to retire not at the general retirement age, but as early as the age of 50. The main requirement is an insurance record of at least 25 years for men, including at least 10 years of employment under List No. 1, and at least 20 years for women, including at least 7 years and 6 months of employment under List No. 1.
An analysis of court practice shows that a separate category of pension disputes concerns confirmation of employment in a position that entitles a person to an old-age pension on preferential terms.
As a general rule, the primary document confirming a person’s employment record is the employment record book. Unfortunately, it may sometimes be completed incorrectly or may not contain sufficient information confirming employment in a position that qualifies for a preferential pension. In such cases, the applicant should obtain clarifying certificates from the relevant employer or its legal successor and submit them to the Pension Fund of Ukraine.
Such certificates are generally required where the employment record book does not contain the necessary information. However, even where the relevant entries are available in the employment record book, we recommend obtaining additional clarifying certificates whenever possible. In practice, the Pension Fund may refuse to grant an old-age pension on preferential terms because such certificates have not been provided, even when the employment record book contains the relevant entries.
Another problem may arise where the employer’s records have not been preserved or are located in a territory temporarily beyond the control of the Ukrainian authorities. In such circumstances, it may be necessary to apply to court and seek an order requiring the Pension Fund to include the relevant periods of employment in the applicant’s preferential service record.
In conclusion, taking into account the difficult and hazardous working conditions associated with the profession of a separator operator, Ukrainian legislation provides certain preferential retirement benefits for employees in this occupation. Nevertheless, problems may arise in practice when applying for such a pension. If the Pension Fund unlawfully refuses to recognise the relevant preferential service, the applicant may protect their pension rights through court proceedings.
