Preferential Pension for Workers in the Chornobyl Exclusion Zone
With the adoption of the Laws of Ukraine “On Compulsory State Pension Insurance” and “On Non-State Pension Provision”, Ukraine began implementing a pension reform aimed at establishing a three-tier pension system:
1) the solidarity system of compulsory state pension insurance;
2) the funded system of compulsory state pension insurance;
3) the non-state pension provision system.
However, under the updated legislation, entitlement to a pension depends on certain statutory requirements. To qualify for an old-age pension, a person must meet the applicable requirements regarding retirement age and insurance record.
As a general rule, in 2021 a person had to reach the age of 60 and have at least 28 years of insurance record to qualify for an old-age pension. However, certain occupations differ significantly from ordinary employment because of their harmful effects on workers’ health. For these categories of employees, Ukrainian legislation provides for a lower retirement age and special insurance record requirements.
One example is employment in the Chornobyl Exclusion Zone in areas where the total density of radioactive contamination is 100 kBq/m2 or more. Employees working under such conditions may face significant occupational risks. These may include mechanical injuries caused by impacts, falls, slipping, cuts, punctures, compression, skin abrasions and falls from height, as well as thermal hazards such as burns, overheating caused by thermal radiation and hypothermia. There are also risks caused by chemical factors, including respiratory damage resulting from excessive dust and/or harmful gases in the workplace air.
Employees engaged in qualifying hazardous occupations are subject to reduced retirement age and insurance record requirements. For example, a man must generally reach the age of 50 and have at least 25 years of insurance record, including at least 10 years of employment as a separator operator or in another qualifying occupation included in the relevant list. Women generally require at least 20 years of insurance record, including at least 7 years and 6 months of employment in a qualifying occupation.
Problems with obtaining a preferential pension may arise due to inaccuracies in an employment record book, failure to conduct workplace certification, or the absence of documents confirming such certification. In these situations, it may be necessary to obtain additional certificates from the employer or an archive to confirm the preferential nature of the employment.
However, there are cases in which the Pension Fund of Ukraine requires such additional certificates even when the employment record book already contains all the information necessary to confirm the relevant employment. Such requirements may be unlawful and may be challenged in court.
An important legal position concerning these issues was expressed by the Grand Chamber of the Supreme Court in case No. 520/15025/16-а. The Court held that an employer’s failure to conduct workplace certification, or its failure to conduct such certification in a timely manner, cannot in itself constitute grounds for refusing to grant an old-age pension on preferential terms. Responsibility for such violations rests with the employer rather than the employee. The state, through its competent regulatory authorities, is responsible for supervising the timely certification of workplaces.
Therefore, if you believe that the Pension Fund has violated your pension rights, you may challenge its decision by filing a claim with the court.
A decision refusing to grant a preferential pension does not automatically mean that a person has lost the right to such a pension. The Pension Fund may be required by a court decision to reconsider the relevant periods of employment and grant the pension where the statutory requirements are satisfied.
