Preferential Pension for Flame Scarfing Machine Operators in Ukraine
Nowadays, heavy industrial work is becoming increasingly important again, as a shortage of qualified workers negatively affects the entire industrial sector. The state directs its policy towards supporting and developing this sector because of its importance to the country’s economy. However, in practice, the Pension Fund of Ukraine may create obstacles for employees seeking to exercise their pension rights.
This article focuses on the occupation of a flame scarfing machine operator, which belongs to the “Rolling Production” category. Such employees perform flame scarfing of hot metal in blooming or slabbing mill production lines.
Ukrainian legislation provides preferential pension conditions for these employees because their work involves particularly difficult and hazardous working conditions. To qualify for retirement at the age of 50, men must have at least 10 years of employment in the qualifying occupation, while women must have at least 7 years and 6 months of such employment. In addition, a person must have a total insurance record of 25 years to exercise the right to an old-age pension on preferential terms.
Despite the state policy aimed at supporting employees working under particularly difficult conditions, the Pension Fund may refuse to include certain periods in the preferential service record or disregard them when considering an application for a pension. Various formal reasons may be cited for such refusals. For example, the employee’s date of birth may have been incorrectly entered when the employment record book was first issued, or the employer’s stamp may be missing from its first page. Another common problem involves corrections in the employment record book that were made without complying with the applicable record-keeping requirements. In other cases, the responsible official who made an employment entry may have failed to provide a signature or affix the employer’s stamp. However, where such problems arise, the relevant periods of general insurance record or preferential service may be confirmed through court proceedings.
Therefore, where difficulties arise with the recognition of preferential service or the granting of a pension, one of the available remedies is to challenge the Pension Fund’s decision before an administrative court. If the relevant employment periods are properly proven, the court may require the Pension Fund to include them in the qualifying service record and reconsider the applicant’s entitlement to a pension.
