Preferential Pension for Smelters under List No. 1 in Ukraine

The work of a smelter is one of the most dangerous and hazardous occupations in industry. Workers are exposed daily to high temperatures, intense thermal radiation, metal fumes, significant physical strain, and the risk of occupational injuries. For this reason, Ukrainian legislation provides special pension guarantees for smelters – a preferential pension under List No. 1.

However, in practice, employees often face situations where the Pension Fund of Ukraine unlawfully refuses to include certain periods of employment in their preferential service record, effectively depriving them of their lawful right to early retirement. At the same time, court decisions demonstrate that such refusals by the Pension Fund of Ukraine are often found to be unlawful.

As noted above, the occupation of a smelter qualifies for preferential pension treatment under List No. 1. List No. 1 of industries, jobs, occupations, positions and indicators relating to underground work and work performed under particularly harmful and particularly difficult working conditions, where full-time employment entitles a person to an old-age pension on preferential terms, was approved by Resolution of the Cabinet of Ministers of Ukraine No. 461 dated 24 June 2016. It includes, in particular, the following occupations that may qualify a person for a preferential pension:

1. smelters of metals and alloys;
2. steelmakers and their assistants;
3. other occupations in foundry and metallurgical production.

Employment in such positions is inherently associated with particularly harmful and particularly difficult working conditions, which is why these occupations are included in List No. 1.

Pursuant to paragraph 1 of part 2 of Article 114 of the Law of Ukraine “On Compulsory State Pension Insurance”, employees who work full-time in positions covered by List No. 1 may retire on preferential terms subject to the following conditions:

1. reaching the age of 50;
2. having at least 25 years of insurance record;
3. having at least 10 years of employment record under List No. 1.

If an employee has less than 10 years of preferential service but at least half of the required period, the retirement age is reduced proportionally.

The legislation clearly defines the documents that may be used to confirm preferential service. The primary document is the employment record book. If the employment record book does not contain the necessary entries or if the entries have been made incorrectly, the employee may submit clarifying certificates issued by the employer indicating the position held, the nature of the work performed, a reference to the relevant provision of List No. 1, and the primary documents on the basis of which the certificate was issued.

So, what problems arise when such employment periods are counted towards preferential service?

In practice, the Pension Fund often refuses to count certain periods towards preferential service on the following grounds:

1. Failure to provide clarifying certificates, even where a properly completed employment record book is available.
2. Absence of documents confirming workplace certification for the purposes of List No. 1.
3. Failure of the employer to pay the Unified Social Contribution (USC) for periods of employment in an occupation qualifying for preferential pension treatment.

As a result, a person may even be denied a pension because of an alleged lack of the required preferential service. However, courts may find such actions unlawful because they violate statutory rules governing the inclusion of employment periods in the service record. This approach is supported by extensive case law of the Supreme Court.

The Pension Center specializes in pension disputes, including preferential pensions under List No. 1, pensions for employees working under particularly harmful conditions, including smelters, confirmation of employment records based on certificates issued by employers, as well as disputes concerning workplace certification.

Our lawyers will review all your documents to verify that they have been completed correctly, assist, where possible, in obtaining the necessary clarifying certificates, and challenge unlawful decisions refusing to grant a pension before the courts. We have extensive experience in handling such matters and have repeatedly achieved successful court outcomes, including cases concerning pensions for smelters, steelmakers, and employees of metallurgical workshops.

Contact us, and we will provide comprehensive legal support and help you protect your lawful right to a decent pension.