Preferential Pension Under List No. 2: How to Confirm Employment Record Through Court

Employment in certain jobs for a specified period of time may entitle a person to early retirement. Ukrainian legislation provides preferential retirement conditions for persons employed in jobs involving harmful and difficult working conditions. In particular, persons employed in jobs included in List No. 2 are entitled to a pension subject to the following conditions:

1) reaching the age of 55;

2) having at least 30 years of insurance record for men and at least 25 years for women;

3) having at least 12 years and 6 months of employment in jobs involving difficult working conditions for men and at least 10 years of such employment for women.

At the same time, many people encounter difficulties when applying for such a pension. One of the reasons is that the Pension Fund of Ukraine quite often requests additional certificates confirming preferential employment periods, even when the employment record book has been properly completed.

Mr. Kostriukov, who contacted us for legal assistance, faced a similar problem. In particular, the pension authority refused to grant him a pension because it did not include his period of employment from 1984 to 1989 as an electric welder in his preferential employment record due to the absence of a certificate from the enterprise confirming his employment in a job qualifying for preferential pension treatment. However, Mr. Kostriukov was unable to provide such a document because the enterprise was no longer operating, and the archives did not contain any personnel records either.

Having analysed the situation and the client's documents, we decided to file a claim with the court. Our legal position was based on the following arguments.

First, the primary document confirming a person's employment record is the employment record book. At the same time, as provided by law, certificates confirming special employment periods or other documents are required only when the relevant information is absent from the employment record book.

Mr. Kostriukov's employment record book submitted to the Pension Fund contained all the necessary information establishing his entitlement to a pension on preferential terms, since the record concerning his employment from 1984 to 1989 contained information about the nature and conditions of his work, and the relevant occupation was included in List No. 2.

Therefore, the absence of an additional certificate specifying the nature and characteristics of Mr. Kostriukov's work, where a properly completed employment record book was available, did not disprove the existence of the relevant preferential employment record.

Second, Mr. Kostriukov's occupation as an “electric welder” was indeed included in List No. 2 approved by Resolution No. 1173 of the Council of Ministers of the USSR dated 22 August 1956. In particular, Section XXXII of List No. 2 included the following occupations: electric welders and their assistants. Thus, there was no doubt that the work performed by Mr. Kostriukov belonged to jobs involving harmful and difficult working conditions.

All our arguments were supported by the relevant case law of the Supreme Court.

As a result of the court proceedings, our claim was upheld. The court ordered the Pension Fund authority to reconsider Mr. Kostriukov's application for an old-age pension on preferential terms and to include his period of employment from 1984 to 1989 in the preferential employment record entitling him to a pension under List No. 2.

The Pension Fund disagreed with the judgment and filed an appeal. However, the appeal was unsuccessful, as the appellate court also supported our position and dismissed the Pension Fund's appeal.

Subsequently, we obtained the judgment of the court of first instance after it had entered into legal force and submitted it to the Pension Fund for enforcement. As a result, Mr. Kostriukov was granted a preferential pension from the date of his initial application to the Pension Fund and was also paid pension arrears for the previous period.

The court judgment is available at the following link: https://reyestr.court.gov.ua/Review/108511688.