Preferential Pension Under List No. 2 in Ukraine

Ukraine provides a number of benefits for people who have worked under harmful or difficult working conditions. One of such benefits is the possibility of obtaining an old-age pension on preferential terms. Ukrainian legislation establishes special lists of industries, jobs, occupations, positions and indicators that may entitle employees to early retirement.

One of these is List No. 2, which covers employment involving harmful and difficult working conditions. Employees who have worked full-time in occupations included in List No. 2 may qualify for an old-age pension on preferential terms, provided that they satisfy the statutory requirements concerning age, total insurance record and the required period of preferential employment.

An important requirement for periods of employment after 21 August 1992 is the confirmation of harmful or difficult working conditions through workplace certification. Accordingly, entitlement to a preferential pension depends not only on the name of the employee's occupation but also on whether the relevant employment and working conditions are properly documented.

For employees covered by List No. 2, Ukrainian legislation establishes special requirements regarding retirement age and pensionable service. In general, men may qualify for a preferential pension upon reaching the statutory preferential retirement age if they have the required total insurance record, including at least 12 years and 6 months of employment under List No. 2. For women, the required period of preferential employment is generally at least 10 years, subject to the applicable requirements concerning age and total insurance record.

The rules concerning the retirement age for women have changed over time. Therefore, when determining a woman's entitlement to a preferential pension under List No. 2, it is necessary to take into account her date of birth, the date on which she applies for a pension, the duration of her total insurance record and the duration of employment under harmful and difficult working conditions.

It is also important to understand that the right to a preferential pension is determined according to the version of List No. 2 that was in force during the relevant period of employment. This is particularly important for employees whose careers extended over several decades, as the lists of eligible industries, occupations and positions have been amended on numerous occasions.

For periods of employment before 21 August 1992, the relevant working conditions are generally confirmed by employment and other appropriate documents. For periods after that date, the results of workplace certification may also be required to confirm the employee's entitlement to preferential pension treatment.

Over the years, different versions of List No. 2 have applied, including:

• List No. 2 approved by Resolution No. 1173 of the Council of Ministers of the USSR, applicable to earlier periods of employment;
• subsequent versions of List No. 2 adopted during the transition from Soviet to Ukrainian pension legislation;
• List No. 2 approved by Resolution No. 162 of the Cabinet of Ministers of Ukraine, applicable to certain periods in the 1990s and early 2000s;
• List No. 2 approved by Resolution No. 36 of the Cabinet of Ministers of Ukraine, which applied from 2003 until 2016;
• List No. 2 approved by Resolution No. 461 of the Cabinet of Ministers of Ukraine, which has applied since 2016.

Therefore, when determining whether a particular period of employment qualifies as preferential pensionable service under List No. 2, it is necessary to identify the version of the List that was in force during that particular period of employment.

The Pension Fund of Ukraine may refuse to recognise a period of preferential employment if the occupational title does not correspond precisely to the relevant List, if the employment record book contains insufficient information, or if the necessary workplace certification documents are missing. However, such a refusal does not necessarily mean that the employee has no right to a preferential pension.

In disputed cases, it is necessary to analyse the employment record book, archival certificates, workplace certification documents, employer's orders and the version of List No. 2 applicable during each disputed period. If the Pension Fund unlawfully refuses to include a period of employment in preferential pensionable service, its decision may be challenged before an administrative court.