Preferential Pension Under List No. 1 and List No. 2 in Ukraine

It is well known that there are several types of pensions in Ukraine. Some people are entitled to a standard old-age pension upon reaching the statutory retirement age and having the required pensionable insurance service. Others may qualify for a long-service pension after working for the required number of years in certain professions or sectors, subject to the conditions established by Ukrainian legislation.

Another type of pension is the preferential old-age pension. Its main feature is that eligible individuals may retire before reaching the standard retirement age. The key requirement is employment in particular jobs or working conditions that provide a statutory right to early retirement on preferential terms.

Ukrainian legislation establishes lists of jobs, professions, positions and working conditions that may qualify an employee for a preferential pension. These are commonly referred to as List No. 1 and List No. 2. List No. 1 generally covers underground work and jobs involving particularly harmful and particularly difficult working conditions. List No. 2 covers other jobs involving harmful and difficult working conditions.

Employment under List No. 1 or List No. 2 may provide the right to retire earlier than under the general old-age pension rules. However, eligibility depends not only on reaching the applicable preferential retirement age but also on satisfying the statutory requirements regarding the person's total pensionable insurance service and the duration of employment in qualifying harmful or difficult working conditions.

The specific requirements for a List No. 1 or List No. 2 pension in Ukraine depend on several factors, including the applicant's sex, age, total pensionable service, duration of preferential service, period of employment, profession or position, and the legislation applicable during the relevant employment period. Therefore, eligibility should be assessed individually based on the applicant's employment records and other supporting documents.

An unlawful or unjustified refusal to grant a preferential pension may provide grounds for challenging a decision of the Pension Fund of Ukraine in court. The Pension Fund may refuse to credit preferential service for various reasons. For example, it may request an additional clarifying certificate confirming the nature of the applicant's employment or refuse to recognize certain periods because of issues relating to workplace certification or documents confirming harmful working conditions.

Such a refusal does not necessarily mean that the applicant has lost the right to a preferential pension. The legality of the Pension Fund's decision, as well as the documents confirming the person's employment and working conditions, should be analyzed in each individual case. Where sufficient legal grounds exist, the refusal may be challenged before an administrative court.

An important stage of such proceedings is the preparation of a statement of claim against the Pension Fund of Ukraine. The legal arguments, facts, evidence and claims must be clearly and properly presented, as the quality of the statement of claim may significantly affect the consideration of the case.

Given the complexity of pension legislation and court practice concerning preferential pensions, preparation of the claim may be entrusted to an experienced pension lawyer in Ukraine. At the same time, an applicant may prepare and file the claim independently, provided that the requirements of Ukrainian procedural legislation are observed.

In particular, a statement of claim challenging a Pension Fund decision should generally contain the information required by the Code of Administrative Procedure of Ukraine, including:

• the name of the competent court;
• information about the claimant, including the details required by procedural law;
• information about the defendant – the relevant authority of the Pension Fund of Ukraine;
• a clear and consistent description of the circumstances in which the claimant's rights were violated and reference to the relevant evidence;
• the claims submitted to the court and the legal grounds supporting them;
• other information required by procedural legislation;
• a list of documents and other evidence attached to the statement of claim.

A statement of claim challenging a Pension Fund decision should be written clearly and logically and should comply with the formal requirements established by Ukrainian procedural law. The applicant should clearly explain the relevant circumstances, identify the Pension Fund decision being challenged, provide supporting evidence and formulate the requested remedy.

Although the procedure may initially appear straightforward, difficulties often arise both when applying for a preferential pension under List No. 1 or List No. 2 and when challenging a refusal before the court. For this reason, professional assistance from a pension lawyer can be useful at every stage – from analyzing employment records and confirming preferential service to preparing a lawsuit and representing the applicant in proceedings against the Pension Fund of Ukraine.