Preferential Pension for Metallurgical Crane Operators under List No. 1
A person’s right to a pension depends on their age and the length of their insurance record. As a general rule, a person must reach the statutory retirement age and have the required insurance record. However, Ukrainian legislation recognizes 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 than under the general rules.
For example, workers engaged in the construction, reconstruction, technical modernization and major repair of mine workings, metro systems, underground channels, tunnels and other underground structures may fall within List No. 1, approved by the Cabinet of Ministers of Ukraine. Other occupations covered by List No. 1 include metallurgical crane operators employed in hot work areas.
The duties of a metallurgical crane operator may include: 1) operating lifting cranes of various designs while servicing production processes in blast-furnace, steelmaking, ferroalloy, rolling and pipe-production shops, as well as specialized shops producing casting molds; 2) performing loading and unloading operations, cleaning and auxiliary work during repairs of metallurgical equipment; 3) checking the proper fastening of cables and load-handling devices, adjusting brakes and checking safety devices; 4) identifying and eliminating malfunctions of the crane being operated and participating in its repair.
Requirements for Preferential Retirement
Under Ukrainian pension legislation, workers covered by List No. 1 may qualify for an old-age pension on preferential terms upon reaching the age of 50. Men generally need at least 25 years of insurance record, including at least 10 years of qualifying preferential service. Women generally need at least 20 years of insurance record, including at least 7 years and 6 months of qualifying preferential service.
Problems most frequently arise during the pension application process. One of the principal documents examined by the Pension Fund when determining pension entitlement is the employment record book. In some cases, due to mistakes made by the employer, employment entries may lack the necessary details, stamps or other information required to establish that the relevant period qualifies as preferential service. In such circumstances, it may be necessary to obtain additional clarifying certificates from the employer.
However, the Pension Fund may sometimes refuse to grant a preferential pension because an applicant has not provided a clarifying certificate even though the employment record book has been properly completed and contains sufficient information. Such a requirement may be unlawful. A clarifying certificate is generally necessary where the information contained in the employment record book is insufficient to confirm the preferential nature of the employment.
If the Pension Fund refuses to recognize the relevant period of preferential service, its decision may be challenged before an administrative court. The Supreme Court of Ukraine has developed important legal positions concerning formal deficiencies in employment documents. Relevant conclusions were expressed, in particular, in the Supreme Court decisions of 20 February 2018 in case No. 234/13910/17 and 7 March 2018 in case No. 233/2084/17.
Furthermore, in its decision of 24 May 2018 in case No. 490/12392/16-а, the Supreme Court expressed the position that an employee cannot be held responsible for the correctness and completeness of documents prepared and maintained by the employer.
Therefore, the recognition of preferential service for pension purposes largely depends on the proper completion of employment records and, where necessary, the availability of additional supporting certificates. At the same time, if the Pension Fund unlawfully refuses to recognize qualifying service or grant a preferential pension, the applicant may seek protection of their pension rights in court.
