Preferential Pension for Mine Surveyors and Underground Mining Workers in Ukraine

Pension for Mine Surveying Workers: Preferential Benefits, Service Record and Application Procedure

In Ukraine’s mining industry, many employees, including those engaged in mine surveying work, may qualify for a preferential pension. A mine surveyor’s pension is often associated with underground employment, which may provide grounds for early retirement. If you worked in mine surveying positions in mines or open-pit mining enterprises, the issue of a pension for mine surveying work becomes particularly important when determining your pension entitlement. In this article, we explain how to obtain a preferential pension for miners, qualify for a List No. 1 pension, meet the requirements concerning service under List No. 1 and confirm preferential mining service. We also explain how miners can apply for a pension, what documents are required for a preferential miner’s pension, how pension rights apply to employees of mine surveying services, and how preferential service can be confirmed. Our law firm provides professional legal assistance in these matters, including challenges against refusals issued by the Pension Fund of Ukraine.

Legal Grounds for Pensions for Miners Engaged in Mine Surveying Work

A miner’s pension is governed by the Law of Ukraine “On Compulsory State Pension Insurance” No. 1058-IV. Mine surveyors are specialists who carry out surveying and geodetic measurements in mining workings and may perform a significant part of their duties underground. Where the relevant employment meets the requirements of List No. 1, including the applicable lists approved by Resolution of the Cabinet of Ministers of Ukraine No. 461 dated 24 June 2016, the employee may qualify for a List No. 1 pension. List No. 1 covers industries, works, professions, positions and indicators associated with particularly hazardous and difficult working conditions, including certain categories of underground mining work.

Eligibility for a preferential miner’s pension depends on the statutory requirements applicable to the person’s age, total insurance record and duration of employment under particularly hazardous and difficult working conditions. In particular, the Pension Fund assesses whether the employee accumulated the required period of preferential mining service and whether the relevant periods of work qualify under List No. 1.

• For men: eligibility may arise upon reaching the preferential retirement age and having the required total insurance record, including the statutory period of employment under particularly hazardous and difficult working conditions covered by List No. 1.
• For women: the applicable preferential retirement age and required periods of total and preferential service are determined in accordance with the relevant statutory and transitional provisions.

Service under List No. 1 may be recognised where the employee actually performed work covered by the relevant List and the nature and conditions of that employment are properly documented. Mine surveying work performed in underground mines may qualify as underground work where this is confirmed by employment records and other appropriate evidence. The amount of the pension is determined under Ukrainian pension legislation and depends, among other factors, on the person’s insurance record, earnings and any special rules applicable to miners.

Applications and supporting documents may also be submitted electronically through the online services of the Pension Fund of Ukraine where the relevant electronic service is available.

How a Miner Can Apply for a Pension: Procedure and Documents

How can a miner apply for a preferential pension? The procedure generally begins with an application to the Pension Fund of Ukraine and the submission of documents confirming both the general insurance record and the preferential nature of the relevant employment.

The main stages include:

1. Collecting documents. Documents required for a preferential miner’s pension may include a passport, tax identification number, employment record book containing entries concerning mine surveying work, certificates from the employer confirming the nature and periods of underground employment, workplace certification documents, and other records concerning working conditions.
2. Confirmation of preferential service. If the enterprise has been liquidated, preferential service may need to be confirmed through archival documents, records held by a legal successor, special procedures established by pension legislation or, where necessary, through court proceedings. For a pension for employees of mine surveying services, it may be particularly important to establish the actual nature of the work and the periods during which duties were performed underground. Relevant evidence may include underground access logs, employment orders, job descriptions, payroll documents and other primary records.
3. Submitting the application. The pension application and supporting documents may be submitted to the Pension Fund in the manner prescribed by law, including electronically where available.
4. Pension decision. The Pension Fund examines the submitted documents and determines whether the applicant meets the statutory requirements for a preferential pension.

Common problems include refusal to recognise preferential service, insufficient documentation of underground employment, discrepancies in employment records, missing workplace certification documents or the liquidation of the former employer. In such circumstances, a refusal issued by the Pension Fund may be subject to administrative or judicial challenge.

Court Practice and Challenging Pension Fund Refusals

Many miners encounter refusals by the Pension Fund to recognise service under List No. 1, particularly where mine surveying work is not recognised as qualifying underground employment for the entire disputed period. In such cases, courts assess the totality of available evidence, including the employment record book, employer certificates, archival records, job descriptions and documents concerning the employee’s actual working conditions.

One example relevant to this category of disputes is the judgment of the Dnipropetrovsk District Administrative Court dated 10 September 2021, published under court decision No. 99514368. The case addressed issues concerning the pension rights of a worker engaged in mine surveying activities and illustrates the importance of properly documenting the nature of the employee’s work when seeking recognition of preferential service.

Court proceedings may therefore be an effective legal remedy where the Pension Fund refuses to recognise periods of List No. 1 service despite the existence of evidence confirming that the employee actually performed qualifying work. The specific prospects of a claim depend on the employee’s position, period of employment, applicable version of List No. 1 and the available documentary evidence.

Our Legal Services: Assistance with Preferential Miner’s Pensions

Our law firm provides legal assistance in pension matters involving miners and employees engaged in mine surveying work. We offer comprehensive legal support, including:

• Legal consultation. Review of employment documents and assessment of preferential mining service.
• Collection of evidence. Assistance with obtaining documents required for a preferential miner’s pension, preparing archival requests and obtaining certificates concerning underground employment.
• Pension application. Preparation and submission of documents to the Pension Fund and legal support during consideration of the application.
• Challenging refusals. If the Pension Fund refuses to recognise preferential service or grant a pension, we can prepare an administrative claim and provide legal representation in court.
• Remote legal services. Online legal assistance is available to clients throughout Ukraine and to Ukrainians residing abroad.

We have experience handling pension disputes involving miners and employees whose right to a preferential pension depends on proper confirmation of underground employment, List No. 1 service and the nature of their actual working conditions.

A preferential pension for a miner engaged in mine surveying work is an important social guarantee for people who have spent years working under difficult and hazardous conditions. If the Pension Fund refuses to recognise your List No. 1 service or does not take certain periods of underground employment into account, such a decision should be carefully reviewed. Where sufficient legal grounds and evidence exist, the refusal may be challenged and the applicant’s pension rights protected through administrative and court procedures.