Preferential Pension for Pitch Boiler Operators under List No. 1 in Ukraine

It is well known that there are several types of pensions. Some people are entitled to a general old-age pension, which is granted upon reaching the age of 60 and having at least 28 years of insurance record (as of 2021). Others are entitled to a pension for years of service after working the required number of years in a particular field, such as healthcare or education.

Another type 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.

List No. 1 includes occupations involving the most difficult working conditions, namely underground work and work performed under particularly hazardous and particularly difficult working conditions.

List No. 2 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 the occupation of pitch boiler operator.

The duties of a pitch boiler operator include carrying out the process of boiling pitch for rolling mills, loading raw materials into boilers and handling the molten mass. In addition, the worker prepares slabs for discharging finished pitch from the boilers, cuts the pitch into briquettes and stacks them after weighing. The worker also delivers materials to the tar-boiling facility and transports pitch to the rolling mills.

To summarize, the requirements for a pitch boiler operator to qualify for an old-age pension on preferential terms are as follows:

• the person must have reached the age of 50;
• 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.

However, in practice, not all statutory guarantees are properly implemented. One of the most common problems faced by prospective pensioners is the absence of workplace certification. This may result in the hazardous nature of the working conditions being considered unconfirmed and, consequently, in the Pension Fund of Ukraine refusing to recognize the person’s right to early retirement on preferential terms.

In such a situation, a person may find themselves facing the problem alone due to the improper actions of the Pension Fund. However, with the assistance of a lawyer, the person may protect and restore their violated pension rights through court proceedings.

Fortunately, established case law provides important protection for employees in such situations. According to the legal position adopted by the Supreme Court, responsibility for 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 (Supreme Court decision of February 19, 2020, in case No. 520/15025/16-a).