Preferential Pension for Refractory Workers under List No. 1 in Ukraine

The Constitution of Ukraine guarantees Ukrainian citizens the right to social protection in old age. As a general rule, a person must reach the age of 60 and have at least 28 years of insurance record to qualify for an old-age pension. However, Ukrainian legislation recognizes that certain occupations differ from others due to their complexity and specific working conditions. Employment in such occupations may be treated as preferential service and allows employees to retire earlier than the standard retirement age.

A separate category of pension is an old-age pension on preferential terms. Its main feature is that eligible persons have the right to retire at a reduced pension age. The key requirement is employment in qualifying jobs that entitle a person to a preferential pension.

Ukrainian legislation establishes an exhaustive list of jobs that provide entitlement to a preferential pension. These occupations and jobs are included in the so-called List No. 1 and List No. 2.

Occupations involving the most difficult working conditions, namely underground work and work performed under particularly hazardous and particularly difficult working conditions, are included in List No. 1. List No. 2, in turn, includes occupations that are less hazardous than those under List No. 1 but still involve hazardous and difficult working conditions.

This classification directly affects pension entitlement, as the retirement age under List No. 1 is generally 50, while under List No. 2 it is 55.

List No. 1 includes numerous occupations in such areas as rolling, wheel-rolling, tyre-rolling, fork-rolling, sheet-rolling, tinning, galvanizing and lead-coating production; the manufacture of rail fastenings; cutting and cleaning of hot metal; heat treatment; and the production of calibrated metal. List No. 1 also includes refractory workers employed in hot work areas.

So, what requirements must refractory workers employed in hot work areas meet in order to qualify for an old-age pension on preferential terms?

First, the person must have reached the age of 50. Second, men must have at least 25 years of insurance record, including at least 10 years of employment in the qualifying occupation, while women must have at least 20 years of insurance record, including at least 7 years and 6 months of employment in the qualifying occupation.

Although these requirements may appear relatively straightforward, problems often arise during the pension application process. The employment record book is the primary document examined and taken into account when determining pension entitlement. In some cases, due to an employer’s errors, entries in the employment record book may lack the required notes or stamps or may be incomplete, making it impossible to establish the preferential nature of the employment period. In such cases, additional certificates confirming the nature and conditions of employment may be required from the employer.

However, the Pension Fund of Ukraine often refuses to grant a pension on the grounds that the applicant has failed to provide an additional clarifying certificate, even where the employment record book has been completed in accordance with the requirements of the law.

It is important to remember that such actions may constitute an unlawful restriction of the prospective pensioner’s rights. A clarifying certificate is required only where the entries in the employment record book are insufficient to confirm that the relevant period qualifies as preferential service.

An unlawful refusal does not necessarily have to be final if the person applies to the court in a timely manner to protect their rights. Ukrainian case law, including the case law of the Supreme Court, provides important protection for employees whose pension rights have been violated. For example, in its decisions of February 20, 2018, in case No. 234/13910/17, and March 7, 2018, in case No. 233/2084/17, the Supreme Court held that, as a general rule, formal deficiencies in documents cannot serve as grounds for the Pension Fund to restrict a person’s pension rights. In addition, in its decision of May 24, 2018, in case No. 490/12392/16a, the Supreme Court stated that an employee cannot be held responsible for the correctness and completeness of accounting documents maintained by the enterprise.

Thus, the successful granting of a pension largely depends on the accuracy of the entries in the employment record book and, where errors or missing information exist, on the availability of additional clarifying certificates. At the same time, if the Pension Fund unlawfully refuses to recognize preferential service or grant a pension, the matter may be resolved through court proceedings.