Preferential Pension for Distributor Operators under List No. 1

When choosing an occupation, a person usually considers the risks to life and health, salary, and working conditions. However, it is not only individuals who take these factors into account. The state also considers them and seeks to protect certain categories of workers by providing social security benefits and privileges.

One such benefit is a reduction in the retirement age and the required insurance (employment) record. In legal terms, Ukrainian legislation provides for so-called Lists, which contain occupations and positions that entitle workers to retire at a reduced age.

List No. 1 includes work, occupations, positions, and indicators relating to underground work and work performed under particularly harmful and particularly difficult working conditions, where full-time employment entitles a person to an old-age pension on preferential terms.

List No. 2 includes work, occupations, positions, and indicators involving harmful and difficult working conditions, where full-time employment entitles a person to an old-age pension on preferential terms.

An analysis of the occupations included in List No. 1 shows that it covers some of the most difficult jobs and those that may have a significant adverse impact on workers’ health. One of the occupations included in List No. 1 is a distributor operator, whose duties include operating the distributor, monitoring measuring and control devices that indicate the course of the smelting process, repairing equipment, and performing other related tasks.

For a person to be eligible for retirement under List No. 1, certain requirements must be met:

1. the person must have reached the age of 50;
2. men must have at least 25 years of insurance record, including at least 10 years of employment in the relevant work, while women must have at least 20 years of insurance record, including at least 7 years and 6 months of employment in the relevant work.

However, although these rights are established by law, in practice individuals may have to defend their constitutional right to a pension through court proceedings.

One of the most common problems faced by prospective pensioners is the absence of proper workplace certification. This may result in the hazardous nature of the work being considered unconfirmed and, consequently, the Pension Fund refusing to recognize the person’s right to preferential retirement.

Fortunately, consistent court practice has already been established on this issue. According to the courts, responsibility for the failure to conduct workplace certification, or for conducting it late, rests with the owner of the enterprise rather than the employee. Therefore, such failure cannot constitute grounds for refusing to grant an old-age pension on preferential terms. This position was confirmed by the Supreme Court in its judgment of February 19, 2020, in case No. 520/15025/16-а.