Early Retirement Pension for Pump Installation Operators Under List No. 1
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 the length of their 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 from others due to their complexity and specific working conditions. Employment in such occupations may qualify as preferential service and allow a person to retire earlier.
For example, workers employed at crushing, roasting, beneficiation, pelletizing and charge-preparation plants (workshops) processing ores and non-metallic minerals containing 2% or more crystalline (free) silicon dioxide in the dust fall within the so-called List No. 1 approved by the Cabinet of Ministers of Ukraine. These occupations include pump installation operators. Their duties include operating pumping installations equipped with reciprocating and centrifugal pumps with a total capacity of up to 1,000 cubic metres per hour for pumping water, acids, alkalis, pulp and other non-viscous liquids, as well as pumping installations for oil, fuel oil, tar and other viscous liquids with a total capacity of up to 50 tonnes per hour; operating vacuum pumping installations for degassing coal mines with a total capacity of up to 6,000 cubic metres per hour of methane-air mixture; taking gas measurements; regulating the supply of water, oil and other pumped liquids; draining and pumping oil and fuel oil from tanks and barges; heating liquid fuel during unloading and supplying it to storage or consumption facilities; purging oil pipelines; monitoring and cleaning filters; servicing sprinkler systems; identifying and eliminating equipment malfunctions; carrying out routine repairs and participating in more complex equipment repairs.
Requirements for Early Retirement
Under Ukrainian pension legislation, the right to a preferential old-age pension under List No. 1 generally arises upon reaching the age of 50. Men must have at least 25 years of insurance record, including at least 10 years of employment in qualifying preferential conditions. Women must have at least 20 years of insurance record, including at least 7 years and 6 months of qualifying preferential employment.
Problems most commonly arise during the pension application process. The employment record book is one of the principal documents examined when determining pension entitlement. In some cases, due to an employer’s errors, entries in the employment record book may lack the necessary details or may be incomplete, making it impossible to establish whether a particular period qualifies as preferential service. In such cases, it may be necessary to obtain clarifying certificates from the employer or other competent institution.
However, the Pension Fund of Ukraine may refuse to grant a preferential pension on the grounds that the applicant has failed to provide a clarifying certificate even where the employment record book has been completed in accordance with the applicable requirements. Such an approach may violate the rights of a future pensioner. A clarifying certificate is generally required where the entries in the employment record book are insufficient to establish that the relevant period qualifies as preferential service.
If the Pension Fund refuses to recognise the relevant period of preferential service, the applicant may challenge the refusal in court. The legal positions developed by the Supreme Court provide an important basis for protecting pension rights in such disputes. In its judgments of 20 February 2018 in case No. 234/13910/17 and 7 March 2018 in case No. 233/2084/17, the Supreme Court addressed similar issues. As a general rule, formal deficiencies in employment-related documents should not automatically serve as grounds for restricting a person’s pension rights. In particular, in its judgment of 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 documents maintained by the employer.
Thus, the successful recognition of preferential service and the granting of a pension depend significantly on the contents of the employment record book and, where necessary, the availability of clarifying certificates. At the same time, if the Pension Fund unlawfully refuses to recognise qualifying periods of employment or grant a preferential pension, the applicant retains the right to protect their pension rights through court proceedings.
