Preferential Pension for Ore Preparation and Processing Workers under List No. 1
Pension for Employees Engaged in Ore Preparation, Beneficiation, Agglomeration (Sintering, Briquetting and Pelletising), and Roasting of Ores and Non-Metallic Minerals
A person’s entitlement to an old-age pension depends primarily on their age and the length of their insurance record. Under the general rules, a person becomes entitled to an old-age pension upon reaching the statutory retirement age and having the required insurance record. However, Ukrainian legislation recognises that certain occupations differ from others due to 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 working at crushing, roasting, beneficiation, pelletising and charge-preparation plants (workshops) processing ores and non-metallic minerals containing 2% or more crystalline (free) silicon dioxide in their dust are covered by List No. 1 approved by the Cabinet of Ministers of Ukraine. Among the occupations included in this category are refractory workers employed in hot work areas.
Eligibility Requirements for a Preferential Pension
Under Ukrainian legislation, employees covered by List No. 1 may qualify for an old-age pension on preferential terms upon reaching the age of 50. For men, the required insurance record is generally at least 25 years, including at least 10 years of employment in jobs covered by 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.
Common Problems 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. There are situations where, due to an employer’s failure to properly maintain employment records, entries in the employment record book may lack the necessary details, stamps or other information required to establish that the relevant period qualifies as preferential service. In such cases, it may be necessary to obtain clarifying certificates from the former employer, its legal successor or an archive.
However, the Pension Fund of Ukraine may refuse to grant a preferential pension on the grounds that a person has failed to provide a clarifying certificate even where the employment record book has been completed properly and contains sufficient information. Such an approach may unlawfully restrict the pension rights of the future pensioner. A clarifying certificate should generally be required where the entries in the employment record book are insufficient to establish that the relevant employment period qualifies as preferential service.
Where the Pension Fund refuses to recognise the relevant preferential service, its decision may be challenged before an administrative court. The legal positions developed by the Supreme Court provide important guidance in such disputes. In its judgments dated 12 February 2018 in case No. 234/13910/17 and 7 March 2018 in case No. 233/2084/17, the Supreme Court addressed similar issues. According to this approach, formal deficiencies in documents should not, as a general rule, constitute sufficient grounds for the Pension Fund to restrict a person’s pension rights. In addition, in its judgment dated 24 May 2018 in case No. 490/12392/16-a, the Supreme Court stated that an employee cannot be held responsible for the correctness and completeness of accounting and employment-related documentation maintained by the employer. Judicial practice concerning employees in this category also includes the judgment of the Dnipropetrovsk District Administrative Court dated 11 March 2019 in case No. 160/130/19.
Therefore, obtaining a preferential pension for employees engaged in ore preparation, beneficiation, agglomeration, pelletising, roasting and other qualifying processes depends significantly on proper confirmation of the relevant employment periods. The employment record book and, where necessary, clarifying certificates play an important role in this process. At the same time, if the Pension Fund refuses to recognise qualifying preferential service without sufficient legal grounds, the employee has the right to challenge such a decision before an administrative court.
