Preferential Pension for Cupola Furnace Operators under List No. 1
Every person works in a particular position or profession. Different jobs usually vary in their nature, working conditions and level of difficulty. It is reasonable to assume that the more demanding 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 particularly difficult or hazardous work. One of these benefits is preferential pension provision, which allows eligible employees to retire earlier.
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 occupations involving particularly harmful and particularly difficult working conditions and may provide the right to retire at the age of 50. List No. 2 covers work involving harmful and difficult working conditions and generally provides the right to retire at the age of 55, subject to the statutory requirements.
This article focuses on the pension rights of cupola furnace operators engaged in steel and ferroalloy production, preparation of mixtures and repair of metallurgical furnaces. This occupation is included in List No. 1 and may therefore entitle an employee to an old-age pension on preferential terms.
The duties of a cupola furnace operator include melting metal in cupola furnaces; carrying out experimental melting under laboratory conditions; discharging molten metal; determining the quality and suitability of charge and other materials by their external characteristics; monitoring the preparation and lining of pouring ladles; determining the extent of necessary repairs; and controlling the quality of cupola furnace repairs.
To qualify for an old-age pension on preferential terms, a cupola furnace operator must meet the statutory age and service requirements. In general, men covered by List No. 1 may qualify upon reaching the age of 50 and having at least 25 years of insurance record, including at least 10 years of employment in qualifying preferential work. Different requirements may apply to women in accordance with Ukrainian pension legislation.
To confirm employment as a cupola furnace operator, the employee should have an employment record book containing the relevant entries. These entries must be properly completed because the recognition of a particular employment period as preferential service may depend on the information recorded in the employment record book. An example of an appropriate entry would be: “Employed full-time as a cupola furnace operator in the metallurgical workshop.”
If the employment record book is unavailable or does not contain sufficient information, the employee may need to obtain additional certificates confirming employment under the relevant 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 additional certificates even where the employment record book has been properly completed. If the available employment records contain sufficient information to establish the nature and conditions of the work, such additional requirements may be challenged. If the Pension Fund refuses to recognise the relevant periods as preferential service because an additional certificate was not provided, the applicant may seek protection of their pension rights before an administrative court.
Ukrainian courts have addressed similar disputes and have recognised that where an employment record book contains sufficient information concerning the nature of the work performed and the relevant working conditions, the Pension Fund's requirement to provide additional certificates may be unlawful.
An example of relevant case law is the decision of the Supreme Court of 27 April 2020 in case No. 648/1613/17, in which the Court addressed issues concerning the documentary confirmation of employment periods for pension purposes.
