Preferential Pension for Charge Loaders in Steel and Ferroalloy Production
It is often said that Ukrainian pension legislation is extremely complicated and difficult for an ordinary person to understand. And it is hard to disagree with this. In particular, the conditions for retirement may differ depending on a person’s occupation and the type of work performed.
For example, an ordinary accountant may retire upon reaching the age of 60 and having at least 28 years of insurance record (for retirement in 2021).
However, charge loaders employed in steel and ferroalloy production may be entitled to retire earlier. This is because Ukrainian legislation takes into account the particularly difficult and/or hazardous nature of certain types of work and provides a reduced retirement age for workers engaged in such occupations.
A charge loader loads furnace charge and its components into furnaces, capsules, crucibles and bunkers manually or using loading and feeding mechanisms; checks the availability of furnace charge and other materials in bunkers; regulates the uniform supply of charge and materials; clears bunker funnels; eliminates blowouts in furnaces; stirs the charge; participates in removing solidified material from furnaces; services furnaces, dispensers, feeders, loading and unloading mechanisms; and cleans up spilled materials.
In particular, charge loaders may retire at the age of 50 if they have at least 25 years of insurance record (20 years for women), including at least 10 years (7 years and 6 months for women) of employment in work qualifying for preferential pension treatment.
Considering the retirement requirements applicable to charge loaders, a prospective pensioner must confirm that the relevant periods of employment qualify as preferential work under the applicable statutory list. This is usually confirmed by entries in the employment record book. However, if these entries contain errors or deficiencies, special certificates confirming the employment period and working conditions may be required. Such certificates are issued by the enterprise where the person worked or by an archival institution if the enterprise has been liquidated.
However, employees of the Pension Fund sometimes require pension applicants to provide such certificates even when the employment record book already contains all the necessary information. If the person is unable to provide the requested certificate, the Pension Fund may refuse to grant the pension.
However, a refusal by the Pension Fund of Ukraine to grant a pension is not final and may be challenged in court. We recommend consulting a qualified lawyer without unnecessary delay so that your documents and the decision issued by the Pension Fund can be properly reviewed.
In similar disputes, Ukrainian courts often rule in favour of pensioners and indicate that if the employment record book contains all the information necessary to establish the preferential nature of the work performed, a requirement to provide an additional certificate confirming the preferential service record may be unlawful.
Moreover, when a pension is granted through court proceedings, the Pension Fund may be required to pay pension arrears for the relevant period beginning from the date on which the documents for the pension were originally submitted, subject to the circumstances of the particular case and the court’s decision.
