Preferential Pension for Mixture Preparers under List No. 1
Preferential Pension for Mixture Preparers for Casting Molten Metal under List No. 1
The right to an old-age pension in Ukraine generally depends on a person’s age and insurance record. However, Ukrainian legislation provides special retirement conditions for employees whose occupations involve particularly hazardous or difficult working conditions. Employment in such occupations may entitle a worker to retire earlier than under the general pension rules.
The occupations and types of work that qualify for early retirement are specified in the statutory List No. 1 and List No. 2. List No. 1 covers underground work and occupations involving particularly hazardous and particularly difficult working conditions.
Among the occupations covered by List No. 1 are workers engaged in the production of steel and ferroalloys, preparation of mixtures and maintenance of metallurgical furnaces, including mixture preparers for casting molten metal. Employment in such an occupation may therefore qualify as preferential service for the purposes of an early retirement pension.
Conditions for Early Retirement
As a general rule, employees covered by List No. 1 may qualify for an early retirement pension from the age of 50. Men must have at least 25 years of total insurance record, including at least 10 years of qualifying preferential service. Women must have at least 20 years of total insurance record, including at least 7 years and 6 months of qualifying preferential service.
In practice, however, obtaining a preferential pension may be complicated. One of the principal documents used to confirm a person’s employment history is the employment record book. Due to errors made by employers, employment entries may sometimes be incomplete, contain incorrect information or lack the required signatures, stamps or other details. Such deficiencies may make it difficult to confirm that a particular period of employment qualifies as preferential service.
Where the employment record book does not contain sufficient information to establish the preferential nature of the work, it may be necessary to obtain an employment clarification certificate from the employer or an archive.
However, the Pension Fund of Ukraine may sometimes refuse to grant an early retirement pension because the applicant has not provided such an additional certificate even where the employment record book contains sufficient information to confirm the relevant employment. Such a refusal may be challenged if the available documents are sufficient to establish the worker’s preferential service.
The Supreme Court has repeatedly considered disputes involving formal deficiencies in employment documents. Relevant legal positions can be found, among others, 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.
In its decision of 24 May 2018 in case No. 490/12392/16-a, the Supreme Court also stated that an employee cannot be held responsible for the proper and complete preparation of documents by the employer.
Therefore, errors or deficiencies in employment documents do not necessarily deprive a worker of the right to a preferential pension under List No. 1. If the Pension Fund refuses to recognise the relevant period as preferential service or denies the pension application, the decision may be challenged before an administrative court.
