How Nurse Anesthetists Can Obtain a Preferential Pension in Ukraine
The profession of a nurse anesthetist is one of the essential medical specialties without which modern surgical procedures would be impossible. Their responsibilities include providing anesthesia support and continuously monitoring the patient's condition throughout surgical interventions. They work in an environment of heightened responsibility, where every decision and every action can have a significant impact on the patient's life and health.
In interventional radiology operating units, this responsibility is further increased by continuous exposure to direct and scattered ionizing (X-ray) radiation. A nurse anesthetist remains close to the patient within the operating area of radiological equipment and is therefore exposed to occupational radiation through external irradiation. Daily work under such conditions over many years constitutes a professional hazard that Ukrainian legislation recognizes as particularly harmful.
Despite these hazardous working conditions, the Pension Fund of Ukraine (PFU) frequently refuses to include periods of employment performed by nurse anesthetists in preferential pension service, relying on Resolution No. 461 of the Cabinet of Ministers of Ukraine dated 24 June 2016, "On Approval of the Lists of Industries, Occupations, Positions, and Indicators Giving the Right to an Age Pension on Preferential Terms." The Pension Fund's primary argument is that the employee's official job title does not exactly match the wording used in the relevant list.
As a result, a paradoxical situation arises in which healthcare professionals working in interventional radiology departments, who perform highly responsible and hazardous duties for many years, are forced to defend their entitlement to a preferential pension in court and prove the hazardous nature of their work. Although Ukrainian law formally guarantees these pension rights, in practice nurse anesthetists are often required to protect those rights through litigation.
Despite these difficulties, disputes concerning the Pension Fund's refusal to recognize periods of hazardous work as preferential service are frequently resolved in favor of employees by the courts. For example, in case No. 200/9266/25, the claimant worked as a "nurse anesthetist of the transsphenoidal neurosurgery department with an interventional radiology operating room" (the judgment is available at: https://reyestr.court.gov.ua/Review/134098063).
The court found that the position of nurse anesthetist belongs to the category of junior healthcare specialists, requires professional certification in operating room nursing, and therefore falls within the scope of preferential pension entitlement under List No. 1. Taking into account the claimant's actual working conditions, preferential service certificates, and employment records, the court declared the Pension Fund's refusal to grant a preferential pension unlawful and ordered that the entire disputed period of employment be included in the claimant's preferential pension service.
Accordingly, entitlement to a preferential pension is determined not by the formal wording of a job title but by the actual working conditions, the nature of the duties performed, and the occupational risks involved. This legal approach enables nurse anesthetists to successfully protect their pension rights through judicial proceedings.
If the Pension Fund has refused to grant you a preferential pension or has declined to recognize your preferential service, you should not delay protecting your rights. Ukrainian court practice demonstrates that even complex pension disputes can be successfully resolved, allowing eligible medical professionals to obtain the preferential pension guaranteed by law.
Our pension law specialists have extensive experience handling complex pension disputes. We are ready to assess your case, organize and prepare all necessary documentation, and represent your interests before the courts. We provide comprehensive legal advice on pension recalculation, recognition of preferential service, and appeals against Pension Fund decisions, helping you fully exercise the pension rights guaranteed under Ukrainian law.
