Military Service and Vocational School Training Count Towards Preferential Pension Service
Today, social security issues are among the most relevant for the population, particularly the granting of pension benefits to individuals with specific types of employment history. In this context, various legal issues arise, including whether periods of military service and study at vocational schools can be included in the qualifying period of underground work. Ihor Andriiovych Burba faced a similar situation.
Ihor Andriiovych applied to the Pension Fund of Ukraine for a pension under List No. 1 as an employee who had worked full-time underground at a mine. However, his pension application was refused due to an insufficient qualifying period of preferential service and because he had not reached the required retirement age. In particular, his period of study at a vocational school and his compulsory military service were not included in his preferential service record. Certain periods of work at the mine were also excluded due to the absence of certificates confirming preferential working conditions.
Disagreeing with this decision, we filed a claim with the court. The court of first instance partially agreed with our arguments and ordered the Pension Fund to include the period of compulsory military service in the preferential underground service record under List No. 1. The court also ordered the period of employment at the mine to be included both in the preferential underground service record under List No. 1 and in the general insurance record. However, the court refused to include the period of vocational education in the preferential service record under List No. 1.
We disagreed with this part of the court’s decision and filed an appeal. The court of appeal upheld our appeal and ordered that Ihor Andriiovych Burba’s period of study at Vocational School No. 55 in Pryvillia, Luhansk Region, where he trained as a third-grade underground electrical fitter, be included in his preferential underground service record under List No. 1.
Our position was based on the fact that the legislation in force at the time of his studies and compulsory military service required only subsequent employment in an occupation that entitled a person to a pension on preferential terms. At the same time, the legislation did not establish restrictions regarding the period within which the person had to obtain such employment or require employment in one specific occupation. In turn, the preferential period of employment at the mine had to be recognised on the basis of the employment record book, as it contained all the necessary entries confirming the preferential nature of the work throughout the entire period of underground employment. Therefore, in such circumstances, submitting additional certificates confirming preferential working conditions was not mandatory.
The services provided by the Pension Center are not limited to legal support. Our goal is to help ensure that you receive the pension benefits to which you are entitled without unnecessary delays or complications. Knowledge of pension legislation and the applicable rules is essential for successfully protecting your pension rights, and our specialists are ready to help you navigate this process as efficiently as possible.
