Double Pension Service for Bacteriologists and Heads of Bacteriological Laboratories
The Ukrainian pension system provides special conditions for medical professionals whose work involves an increased risk to life and health. In particular, Ukrainian legislation establishes preferential rules for calculating the length of service of persons who worked in infectious disease healthcare institutions or structural units where work with hazardous infectious agents is performed. Such legal regulation is determined by the specific nature of the working conditions and continuous exposure to biological factors posing an increased risk.
According to the Law of Ukraine “On Pension Provision” No. 1788-XII, certain periods of employment are counted at a double rate for pension purposes. The key provision applicable to medical professionals is Article 60 of this Law, which provides for double crediting of service for persons employed in leprosy and anti-plague healthcare institutions, institutions (departments) providing treatment to persons infected with HIV/AIDS, other infectious disease healthcare institutions (departments), as well as pathology and intensive care departments.
Due to the nature of their professional duties, a bacteriologist conducts research on microorganisms that cause particularly dangerous and socially significant infectious diseases, including cholera, typhoid fever, dysentery, diphtheria, and other infections. Work in a bacteriological laboratory involves direct contact with live pathogenic microorganisms and biological materials and, in terms of its nature and degree of risk, corresponds to working conditions in infectious disease departments of healthcare institutions.
The head of a bacteriological laboratory, while providing organizational and methodological supervision of laboratory research, is responsible for processes involving the use and examination of infectious agents and, therefore, by the nature of such work, is also exposed to conditions involving an increased biological risk.
Therefore, provided that the actual performance of work under the relevant conditions is confirmed, the employment of both a bacteriologist and the head of a bacteriological laboratory may be classified as work in infectious disease healthcare institutions or their structural units within the meaning of Article 60 of Law No. 1788-XII.
It should additionally be noted that the working conditions of employees engaged in work with infectious agents and allergens are legally recognized as harmful. This is confirmed by subordinate legislation, including Order No. 308/519 of the Ministry of Health of Ukraine and the Ministry of Labour and Social Policy of Ukraine dated 5 October 2005, which establishes a list of positions and departments of healthcare institutions involving difficult and harmful working conditions. The aforementioned Order does not directly establish pension benefits, but it confirms the nature and hazardous character of the relevant working conditions.
On 1 January 2004, the Law of Ukraine “On Compulsory State Pension Insurance” No. 1058-IV entered into force, reforming the pension system. Pursuant to Part Four of Article 24 of this Law, the preferential procedure for calculating periods of service applies for the purpose of determining entitlement to an old-age pension on preferential terms and a pension for years of service. At the same time, paragraph 16 of Section XV “Final Provisions” of Law No. 1058-IV provides that the provisions of previous legislation continue to apply insofar as they do not contradict the provisions of this Law.
A bacteriologist submitted a similar application to the Main Department of the Pension Fund of Ukraine in the Ivano-Frankivsk Region, requesting the recalculation and payment of her pension from 09.04.2022, taking into account the double crediting of her period of service from 01.01.2004 to 03.05.2022. By the judgment of the Ivano-Frankivsk District Administrative Court dated 17 September 2024, the administrative claim was granted in full.
Despite this, the Main Department of the Pension Fund of Ukraine in the Ivano-Frankivsk Region filed an appeal against the judgment of the Ivano-Frankivsk District Administrative Court dated 17 September 2024. The appellate court dismissed the appeal filed by the Main Department of the Pension Fund of Ukraine in the Ivano-Frankivsk Region and upheld the judgment of the court of first instance dated 17.09.2024.
The judgment of the court of first instance confirmed that the period of employment of PERSON_1 from 01.01.2004 to 03.05.2022 as a bacteriologist and head of a bacteriological laboratory in an infectious disease healthcare institution must be counted at a double rate for pension purposes (Article 60 of the Law of Ukraine “On Pension Provision”). The actions of the Pension Fund in refusing to count this period at a double rate were declared unlawful. The Pension Fund was ordered, effective from 09.04.2022, to recalculate and pay the pension taking into account the double crediting of the relevant period of service.
The arguments relied upon by the Pension Fund that double crediting of service does not apply after 2004 were rejected by the court with reference to paragraph 16 of Section XV of Law No. 1058-IV and the established case law of the Supreme Court, namely: the judgment dated 22.12.2021 in case No. 688/2916/17, the judgment dated 20.04.2022 in case No. 214/3705/17, the judgment dated 08.06.2022 in case No. 510/1593/16-a, and the judgment dated 27.04.2023 in case No. 160/14078/22. The arguments concerning the alleged expiration of the time limit for applying to the court were also rejected.
Therefore, if you have worked or currently work as a bacteriologist or as the head of a bacteriological laboratory in an institution where research involving live pathogens of dangerous infectious diseases is conducted, you may be entitled to have the relevant period of employment counted at a double rate. The established court practice confirms the possibility and legal validity of judicial protection of an applicant’s violated rights. An unlawful refusal by the Pension Fund of Ukraine may be effectively challenged before an administrative court, with the subsequent restoration of the person’s violated pension rights.
The Pension Center provides qualified legal assistance in cases concerning the granting and recalculation of pensions on preferential terms. Our attorneys will help collect appropriate evidence of employment, properly formulate claims, substantiate your legal position taking into account current court practice and the positions of the Supreme Court, as well as ensure the effective enforcement of the court judgment by the Pension Fund.
Every year of working with infectious agents is not merely a year of service — it is a double contribution that the state is obliged to take into account when granting and recalculating a pension.
