Preferential Pension for Metro Train Drivers in Ukraine
The metro is an integral part of urban infrastructure, ensuring efficient transportation and convenience for millions of residents of Ukraine’s largest cities, including Kyiv, Kharkiv, and Dnipro. For many years, metro employees have contributed to the development and operation of this important public transport system. However, as in any other profession, metro employees also face issues related to social protection, particularly pension provision.
Metro employees, particularly metro train drivers, work in difficult and hazardous conditions, spending virtually their entire working day underground.
Pension legislation applicable to metro train drivers has changed repeatedly over the years. As a result, members of this profession may face uncertainty as to whether, after many years of difficult work, they will be able to receive the pension benefits to which they are entitled.
Resolution No. 162 of the Cabinet of Ministers of Ukraine dated 11 March 1994 approved List No. 1 of industries, jobs, professions, positions, and indicators involving underground work and work performed under particularly harmful and particularly difficult working conditions, where full-time employment entitles employees to an old-age pension on preferential terms.
However, the profession of metro train driver was initially absent from this List.
Resolution No. 773 of the Cabinet of Ministers of Ukraine dated 15 November 1994 amended and supplemented List No. 1, including by adding the position of “Metro Train Drivers.”
Accordingly, from 1994, metro train drivers became entitled to an old-age pension on preferential terms upon reaching the age of 50, provided that the other statutory requirements were satisfied.
However, Resolution No. 36 of the Cabinet of Ministers of Ukraine dated 16 January 2003 subsequently approved a new version of List No. 1 in which the position of “Metro Train Drivers” was no longer included.
Following protests by metro train drivers, further amendments were made to Ukrainian pension legislation.
In particular, Resolution No. 276 of the Cabinet of Ministers of Ukraine dated 16 March 2006 once again supplemented List No. 1 by including the position of “Electric Train Drivers (Metro).”
However, this was not the final legislative change affecting the social protection and pension rights of this category of employees.
On 24 June 2016, the Cabinet of Ministers of Ukraine adopted Resolution No. 461, which approved a new version of List No. 1. Once again, metro train drivers were not included in the updated List.
At the same time, since the Constitution of Ukraine establishes the principle that laws and other regulatory acts generally have no retroactive effect, metro train drivers who reached the relevant age and accumulated at least 10 years of qualifying service in the respective position before 24 June 2016 may retain the right to an old-age pension on preferential terms, subject to the applicable statutory requirements.
Moreover, metro train drivers who had accumulated less than 10 years but at least 5 years of qualifying service before 24 June 2016 may be entitled to a reduction in the standard retirement age. For example, depending on the applicable legal rules and confirmed qualifying service, a person with 9 years of such service may be entitled to retire at the age of 51, while a person with 8 years may qualify at the age of 52, and so on.
However, the Pension Fund of Ukraine may refuse to grant metro train drivers pensions on preferential terms, relying on formal grounds such as the absence of this profession from the current version of List No. 1, the absence of information concerning workplace certification, or other documentary issues.
There are also cases in which metro administrations refuse to assist train drivers in exercising their social security rights by refusing to issue the necessary employment certificates or by indicating that an employee was allegedly not engaged in work covered by List No. 1. Such disputes have also arisen in relation to employees of the Kharkiv Metro municipal enterprise.
Under such circumstances, it may be necessary to challenge the Pension Fund’s refusal before an administrative court in order to protect the employee’s pension rights.
Proper preparation of the case and qualified legal representation are important factors in achieving a successful outcome in pension litigation.
The lawyers of the Pension Center have extensive experience assisting pensioners in cases of varying complexity. Our practice includes cases involving the granting of preferential pensions to metro train drivers.
We are ready to assist our clients throughout the entire process and handle the necessary legal work, from collecting documents confirming qualifying employment and insurance records to preparing a statement of claim and representing the client before the courts of first instance and appeal.
The specialists of the Pension Center are committed to protecting your pension rights and providing effective legal solutions.
