Preferential Pension for Miners in Ukraine: Supreme Court on the 80% Pension Rule

Circumstances of the Case

The claimant applied to the court seeking to have the decision of the Dobropillia Joint Department of the Pension Fund of Ukraine in Donetsk Region refusing to recalculate his preferential pension declared unlawful. The claimant had worked full-time underground in a mine as a quality control foreman in the Department of Coal Quality Control and Standards, as confirmed by entries in his employment record book. The claimant applied to the Pension Fund for a pension recalculation in accordance with Article 8 of the Law of Ukraine “On Enhancing the Prestige of Miners’ Work”. Under this provision, the minimum pension for miners who have worked underground for at least 15 years for men and 7.5 years for women in jobs covered by List No. 1 of industries, works, professions, positions and indicators approved by the Cabinet of Ministers of Ukraine is established, regardless of their last place of employment, at 80% of their salary. However, the claimant’s application was refused.

Key Aspects of the Judgment

• The Pension Fund refused to recalculate the pension on the grounds that the claimant had not worked full-time underground.
• The claimant argued that the law did not contain any exceptions or restrictions preventing its application to his category of workers.
• The court found the Pension Fund’s actions unlawful and ordered the pension to be recalculated.

Positions of the Parties

The claimant argued that his right to a pension recalculation had been violated because he met all the requirements established by the law governing preferential pensions for miners. The Pension Fund argued that the Law could not apply to employees who did not work underground for the entire working day, since the claimant’s position fell within a category providing for underground employment for 50% or more of the annual working time during the relevant accounting period.

Supreme Court’s Conclusion

The Supreme Court decided to allow the claimant’s cassation appeal, declared the Pension Fund’s decision unlawful and ordered the claimant’s pension to be recalculated in accordance with Article 8 of the Law of Ukraine “On Enhancing the Prestige of Miners’ Work”. The Court established that the refusal to recalculate the pension was unlawful because the claimant had satisfied all the necessary conditions for receiving a preferential miners’ pension. The Court also concluded that the classification of the claimant’s position under a particular occupational code could not, in itself, determine the actual duration of his working time underground.

The Pension Center provides professional legal assistance in cases involving the recalculation of preferential pensions. Our team has experience in successfully handling similar pension disputes, including representing clients before courts at all levels.

We provide:

• A comprehensive analysis of your individual situation and legal advice;
• Preparation of the documents required to file a court claim;
• Representation before courts and other public authorities;
• Legal assistance with the enforcement of court judgments.

Do not delay protecting your pension rights – contact us for professional legal assistance!