Preferential Pension for Rolling Stock Repair Fitters under List No. 1

Every person has the right to a pension. As a general rule, this right may be exercised upon reaching the statutory retirement age and having the required period of insurance coverage. However, Ukrainian legislation provides circumstances in which a person may qualify for an old-age pension on preferential terms at an earlier age. This primarily depends on the type and conditions of work performed.

Ukrainian legislation establishes two main lists of occupations and types of work involving harmful, particularly harmful, difficult or particularly difficult working conditions that may entitle employees to preferential retirement. These are commonly referred to as List No. 1 and List No. 2. The applicable retirement conditions depend on the particular List, period of employment and legislation in force during that period.

This article concerns the pension rights of rolling stock repair fitters engaged in repairing tanks previously used for ethyl fluid, as well as repairing, filling and replacing tank valves. This type of work is included in List No. 1 and may therefore entitle an employee to an old-age pension on preferential terms.

The duties of a rolling stock repair fitter may include:

• repairing and manufacturing parts according to the required accuracy standards;
• dismantling auxiliary components of rolling stock and repairing components involving tight and sliding fits;
• installing and dismantling individual components of pneumatic systems;
• assembling units while maintaining the required dimensions and relative positioning of components;
• testing pneumatic equipment under compressed-air pressure and performing other related operations.

To qualify for an old-age pension on preferential terms under List No. 1, a rolling stock repair fitter must meet the statutory requirements concerning age, total insurance record and the required period of employment under harmful or particularly harmful working conditions. The exact requirements should be determined according to the legislation applicable to the particular employee and periods of employment.

Once the relevant conditions have been met, the person may apply to the Pension Fund of Ukraine and submit the documents required for granting a preferential pension.

One of the main documents used to confirm employment history is the employment record book. It may confirm both the general period of employment and employment in a position or type of work that entitles the person to preferential pension benefits.

However, an employment record book may contain inaccuracies, spelling mistakes, corrections or incomplete entries. In such circumstances, it may be necessary to contact the former employer, its legal successor or an archive to obtain a clarifying certificate confirming the period and nature of employment.

Such a certificate serves as additional evidence where the information contained in the employment record book is insufficient to establish the person's right to preferential pension benefits. If the employment record book contains all the information required to confirm the relevant employment, demanding unnecessary additional documentation may be disputed.

In practice, the Pension Fund may nevertheless request clarifying certificates even where the employment record book has been properly completed. Sometimes it is impossible to obtain such documents because the enterprise has been liquidated, archival documents have not survived or access to them is otherwise unavailable. As a result, the Pension Fund may refuse to include the relevant employment period in the person's general or preferential pensionable service.

In such circumstances, the Pension Fund's refusal may be challenged before an administrative court. The applicant may seek recognition of the refusal as unlawful and request that the disputed employment period be taken into account when determining entitlement to a preferential pension.

Ukrainian case law confirms that the Pension Fund should assess the available documents and circumstances comprehensively rather than deprive a person of pension rights solely because of formal documentary deficiencies. Where an employment record book contains sufficient information concerning the employee's position, period and nature of work, an unjustified demand for additional certificates may be challenged.

An example of relevant judicial practice is the Supreme Court decision of 27 April 2020 in case No. 648/1613/17, which may be taken into account when assessing disputes concerning confirmation of employment periods and entitlement to pension benefits.