List No. 1 Pension for Ore Processing and Beneficiation Workers in Ukraine
PENSION FOR WORKERS ENGAGED IN ORE PREPARATION, BENEFICIATION, AGGLOMERATION (SINTERING, BRIQUETTING, PELLETIZING), AND ROASTING OF ORES AND NON-METALLIC MINERALS
A person’s entitlement to a pension depends on their age and insurance record. Under the general rules, a person must reach the statutory retirement age and have the required insurance record. However, Ukrainian legislation recognises that certain occupations differ significantly due to their complexity and specific working conditions. Employment in particularly harmful and particularly difficult conditions may qualify as preferential service and entitle a worker to early retirement.
For example, workers employed at crushing, roasting, beneficiation, pelletizing and charge-preparation plants or workshops processing ores and non-metallic minerals containing 2% or more crystalline (free) silicon dioxide in the dust may fall within List No. 1 approved by the Cabinet of Ministers of Ukraine. Certain crane operators in metallurgical production, including those employed in relevant pickling operations, may also qualify where their occupation and working conditions meet the requirements of List No. 1.
Requirements for Early Retirement
Under Ukrainian pension legislation, a preferential old-age pension under List No. 1 may generally be granted upon reaching the age of 50. Men must have at least 25 years of insurance record, including at least 10 years of qualifying employment under List No. 1. Women must have at least 20 years of insurance record, including at least 7 years and 6 months of qualifying employment under List No. 1.
In practice, difficulties often arise when applying for such a pension and confirming that particular periods of employment qualify as preferential service.
The Pension Fund of Ukraine may refuse to recognise preferential service on the grounds that the applicant has not provided a clarifying certificate, even where the employment record book contains properly completed information concerning the relevant period of employment. Where the employment record contains sufficient information to establish the nature and conditions of the work, an unjustified requirement for additional documents may violate the applicant’s pension rights.
If the Pension Fund refuses to recognise the relevant periods of preferential service or to grant a List No. 1 pension, its decision may be challenged in court. Ukrainian administrative courts have considered similar disputes and protected pension applicants where the available employment documents were sufficient to confirm their pension rights. Relevant examples include the court decisions dated 16 February 2021 in case No. 540/2711/20 and 26 April 2019 in case No. 300/695/19.
