Preferential Pension for Cupola Furnace Operators under List No. 1
Every person works in a particular position or profession. Naturally, different types of work vary in their nature, working conditions and level of difficulty. It is reasonable to assume that the more difficult the work is, the greater the employee’s exposure to harmful factors, including the risk of occupational diseases. For this reason, Ukrainian legislation provides certain benefits for employees engaged in difficult and hazardous work. One of these benefits is preferential pension provision, which allows eligible employees to retire earlier than under the general retirement rules.
Ukrainian legislation provides two main lists of occupations and types of work that may qualify an employee for a preferential pension – List No. 1 and List No. 2. List No. 1 covers particularly difficult and hazardous occupations and may provide the right to retire at the age of 50. List No. 2 covers occupations involving harmful and difficult working conditions and may provide the right to retire at the age of 55. This article discusses pensions for cupola furnace operators employed in steel and ferroalloy production, including mixture preparation and the repair of metallurgical furnaces. This occupation is included in List No. 1 and may therefore qualify an employee for an old-age pension on preferential terms.
The duties of a cupola furnace operator include operating the melting process in cupola furnaces; conducting experimental melting under laboratory conditions; tapping molten metal; assessing the quality and suitability of charge and other materials by their external characteristics; monitoring the preparation and lining of pouring ladles; determining the scope of necessary repairs; and monitoring the quality of cupola furnace repairs.
To qualify for an old-age pension on preferential terms, cupola furnace operators generally must reach the age of 50 and have at least 25 years of insurance record, including at least 10 years of qualifying work as a cupola furnace operator.
To confirm employment as a cupola furnace operator, an employee should have an employment record book containing the relevant employment entries. These entries must be properly completed because their accuracy may directly affect whether the relevant period is recognized as preferential service. An example of an appropriate entry is: “Employed full-time as a cupola furnace operator in the metallurgical shop.”
If the employment record book is unavailable, the applicant should obtain additional clarifying certificates confirming employment under the relevant working conditions. Such certificates may be obtained from the employer or, if the enterprise has been liquidated, from the relevant archival institution.
It should be noted that the Pension Fund of Ukraine may sometimes require applicants to provide additional clarifying certificates even where the employment record book has been properly completed. Such requirements may be unlawful if the employment record already contains sufficient information to establish the nature and conditions of the work performed. If the Pension Fund refuses to include the relevant employment periods in the preferential service record because additional certificates were not provided, the applicant may challenge that decision in court.
In such disputes, Ukrainian courts have generally recognized that where an employment record book contains sufficient information concerning the nature of the work performed and the relevant working conditions, the Pension Fund should not automatically require additional clarifying certificates.
An example of this approach can be found in the decision of the Supreme Court of 27 April 2020 in case No. 648/1613/17.
