List No. 1 Pension for X-Ray and Interventional Radiology Medical Workers
JUNIOR MEDICAL SPECIALISTS WORKING IN X-RAY DEPARTMENTS (ROOMS), AS WELL AS JUNIOR MEDICAL SPECIALISTS EMPLOYED IN INTERVENTIONAL RADIOLOGY DEPARTMENTS (X-RAY SURGERY UNITS)
Certain medical professions involve particularly difficult and potentially harmful working conditions. Healthcare professionals may spend many years working in environments involving exposure to ionizing radiation and other occupational hazards. Ukrainian legislation therefore provides certain categories of healthcare workers with the right to an old-age pension on preferential terms, provided that all statutory requirements are satisfied.
The work of junior medical specialists in X-ray departments and rooms, as well as medical specialists employed in interventional radiology departments and X-ray surgery units, requires a particularly high level of professional responsibility and compliance with radiation safety requirements.
To compensate employees who work in particularly harmful and difficult conditions, Ukrainian legislation provides for special lists of industries, occupations, positions and indicators that may entitle employees to early retirement on preferential terms. These are generally known as List No. 1 and List No. 2.
Certain medical professionals working directly in X-ray and interventional radiology departments may fall within List No. 1. This list covers occupations and positions involving particularly harmful and particularly difficult working conditions.
Entitlement to a List No. 1 preferential pension depends not merely on the name of the employee's position but also on the actual nature of the work performed, the relevant period of employment, total pensionable insurance service, duration of preferential service and other requirements established by the legislation applicable during the relevant period.
Therefore, before applying for a preferential pension, a healthcare worker should verify whether the exact position and department are included in the applicable version of List No. 1 and whether the required period of preferential pensionable service has been accumulated.
Although the procedure for applying for a pension on preferential terms may appear straightforward, disputes with the Pension Fund of Ukraine frequently arise when documents confirming preferential service are examined.
One of the common reasons for refusal is the presence of corrections, inaccuracies or other formal deficiencies in the employment record book. However, formal errors in employment documents should not automatically result in the exclusion of a period of employment if the nature and duration of the person's work can be established from the available evidence.
Another common issue concerns workplace certification. The Pension Fund may refuse to recognize preferential service where workplace certification was not conducted or was conducted later than required. This issue is particularly relevant for employees whose right to preferential retirement depends on confirmation that their working conditions were harmful or particularly harmful.
The Pension Fund may also request a clarifying certificate from the healthcare institution or its successor confirming the employee's position, period of employment, nature of the work performed and other circumstances relevant to determining entitlement to a preferential pension.
However, a refusal by the Pension Fund of Ukraine can be challenged before an administrative court where it unlawfully excludes qualifying periods of employment or refuses to grant a preferential pension.
An important example of Ukrainian court practice is the judgment of the Grand Chamber of the Supreme Court of 19 February 2020 in case No. 520/15025/16-а. The Court considered the consequences of an employer's failure to conduct workplace certification properly or within the prescribed period.
The Grand Chamber concluded that responsibility for conducting workplace certification rests with the employer, while the state, through its competent authorities, is responsible for supervising compliance with the relevant requirements. An employee cannot be held responsible for the employer's failure to perform these obligations.
Accordingly, the absence or late completion of workplace certification cannot by itself deprive an employee of the right to an old-age pension on preferential terms where the employee actually performed work under the relevant harmful working conditions and otherwise meets the statutory requirements.
Therefore, junior medical specialists who worked in X-ray departments, X-ray rooms, interventional radiology departments or X-ray surgery units should carefully examine their employment records, job titles, periods of employment, workplace certification documents and other evidence before applying for a preferential pension in Ukraine. If the Pension Fund refuses to recognize qualifying preferential service, such a decision may be challenged in court.
