Preferential Pension for Xanthate Preparation Batchers under List No. 1
Throughout their lives, people devote not only their time and personal effort to their work but also part of their health. Some occupations are particularly harmful to the human body and may significantly affect a person’s health and life expectancy. This is especially true for mining occupations, including workers engaged in crushing, grinding, sorting and beneficiation of ores.
Ideally, hazardous and physically demanding work should be performed by machines and automated systems so that people do not have to risk their lives and health to meet the needs of society. However, this remains a goal for the future. Today, the state can primarily provide appropriate working conditions and social benefits for employees engaged in hazardous occupations.
One of the most important benefits available to workers in the mining industry is the right to early retirement. Ukrainian legislation establishes special lists of occupations and positions that may entitle employees to retire at a reduced retirement age. These are known as List No. 1 and List No. 2.
The occupation of a batcher engaged in the preparation of xanthate is included in List No. 1.
Employees working in occupations included in the statutory Lists may qualify for retirement at a reduced age. For employees covered by List No. 1, the retirement age is generally reduced to 50 years. However, several conditions must be satisfied to qualify for an early pension under List No. 1:
- the person must reach the age of 50;
- men must have at least 25 years of insurance record, including at least 10 years of qualifying employment, while women must have at least 20 years of insurance record, including at least 7 years and 6 months of qualifying employment.
In practice, applicants may encounter various difficulties when applying to the Pension Fund of Ukraine for a preferential pension. In particular, the Pension Fund may refuse to grant an early pension because of the absence of workplace certification, which is an important element in confirming harmful or particularly hazardous working conditions.
In such circumstances, an applicant may need to challenge the Pension Fund’s refusal before an administrative court in order to protect their statutory right to preferential pension benefits.
Ukrainian courts have already developed substantial case law on this issue. In particular, according to the Supreme Court decision of 19 February 2020 in case No. 520/15025/16-а, responsibility for failure to conduct workplace certification, or for conducting it late, rests with the owner of the enterprise rather than the employee. Therefore, such failure cannot constitute grounds for refusing an old-age pension on preferential terms.
Another issue may arise where an employee does not have the full period of qualifying employment required for retirement under List No. 1. Ukrainian pension legislation also provides a mechanism for reducing the retirement age in such circumstances.
Workers who do not have the full required period of employment under particularly harmful and particularly difficult working conditions, but who have completed at least half of the required qualifying period, may still qualify for an old-age pension at a reduced retirement age, provided that they have the required overall insurance record.
For men, this generally requires at least 25 years of total insurance record, including at least 5 years of qualifying hazardous work. For women, it requires at least 20 years of total insurance record, including at least 3 years and 9 months of qualifying hazardous work.
Where these requirements are satisfied, the retirement age may be reduced as follows:
- for men – by one year for each full year of qualifying hazardous work;
- for women – by one year and four months for each full year of qualifying hazardous work.
Therefore, even if a batcher engaged in xanthate preparation does not have the full qualifying service required to retire at the age of 50, the period of hazardous employment may still provide the right to retire earlier than under the general pension rules.
