A man spent twenty years working as an electric and gas welder (electrogazozvaryuvalnyk) in hazardous conditions — yet he was told he could only retire on the standard terms. The Pension Fund of Ukraine's (PFU) argument was the usual one: there is no Commission decision confirming preferential service length, the company has been liquidated, and there is nothing to confirm it with. In a case I handled, the court found this refusal unlawful, the court of appeal upheld that ruling, and the pension under List No. 2 was granted.
In brief: 5 points
- A preferential pension means retiring earlier for work in hazardous and arduous conditions under Lists No. 1 and No. 2.
- The absence of a Commission decision is not, on its own, a valid ground for refusal, if the preferential nature of the work is confirmed by documents.
- A work record book and archive documents take priority over the agency's internal procedures.
- Liquidation of the employer is not a dead end: its documents are transferred to state archives.
- In my case the refusal was found unlawful, the ruling was upheld on appeal, and the pension was granted under List No. 2.
What Lists No. 1 and No. 2 are
These are lists, approved by the Cabinet of Ministers of Ukraine, of industries, jobs, professions and positions whose holders are entitled to a pension on preferential terms — earlier than the standard retirement age and with a shorter required length of service.
- List No. 1 — jobs with especially hazardous and especially arduous working conditions; the age and service-length requirements are less strict.
- List No. 2 — jobs with hazardous and arduous working conditions; this includes, among others, work as an electric and gas welder under certain conditions.
Whether a specific profession falls under a List, and what age and length of service are required, depend on the edition of the Lists in force and on the date the person acquired the right. This is always checked individually — there are no universal figures here.
Why the PFU refuses
- no Commission decision confirming preferential service length;
- the employer has been liquidated, and there is no one left to carry out a workplace assessment;
- no workplace assessment results exist for the disputed period;
- the job title in the work record book does not match word for word the wording used in the List;
- there is no confirmation of full-time employment in the preferential job;
- the data is missing from the register of insured persons.
The service-length confirmation Commission: what it actually decides
The procedure for confirming length of service for pension purposes where a work record book or the corresponding entries are missing (Procedure No. 637) provides for commissions that confirm service length. In practice, the PFU often turns this into a trap: no commission decision — no preferential pension.
The position I have had to defend in court is that a procedure cannot substitute for a right. If the preferential nature of the work is confirmed by the work record book, archive certificates and employer documents, the absence of a commission decision is a defect of the administrative procedure, not proof that the person did not work in hazardous conditions.
That is exactly why, in disputes like this, the key is not to argue about the commission but to gather primary documents that make the commission question secondary.
My own case: a pension under List No. 2 was granted
The problem. The PFU refused to grant a preferential pension, citing the absence of a Commission decision. It did not count the client's work as an electric and gas welder at companies that had already been liquidated by the time of the application.
What we did. We gathered archive certificates and documents confirming the nature and conditions of the work. We argued that the work record book and archive documents take priority over the Commission's internal procedures, relying on the Law of Ukraine "On Mandatory State Pension Insurance", Procedure No. 637, and Supreme Court case law.
The result. The court found the refusal unlawful. The court of appeal upheld the ruling. The client was granted a pension under List No. 2 (decision).
This is the result of a specific case with a specific set of archive documents. It is not a promise of the same result in your situation: if there is nothing to confirm the preferential nature of the work, the court will dismiss the claim.
What can prove preferential service length
- a work record book with an entry showing the position and period;
- archive certificates about hiring, transfer, and dismissal;
- certificates confirming the preferential nature of the work, issued by the employer or its legal successor;
- workplace assessment results for working conditions, if they survive;
- orders, staffing tables, and job descriptions — showing what the person actually did;
- records of extra pay for hazardous conditions, additional leave, or allocations of milk or special rations — indirect but persuasive evidence;
- timesheets — confirming full-time employment;
- certificates in the form prescribed for preferential service length, issued by the archive.
Documents: what they are, where to get them, and why you need them
| Document | Where to get it | Why |
|---|---|---|
| Written refusal from the PFU | Local PFU office | The subject of the appeal |
| Work record book | You already have it | Basic document showing the position and period |
| Archive certificate of employment | State archive where the employer was located | Confirms the fact of employment after the employer's liquidation |
| Certificate of the preferential nature of the work | Legal successor, archive | The key document for List No. 2 |
| Workplace assessment materials | Archive, legal successor | Confirms hazardous working conditions |
| Orders, timesheets, job descriptions | Archive | Confirm full-time employment in the preferential job |
| Attorney's formal request | Prepared by the lawyer | Access to documents not issued directly to the individual |
Step-by-step approach
- Obtain a written refusal from the PFU stating its reasons.
- Check the entry in the work record book against the wording of the List: does the job title match.
- Establish the employer's status: still operating, reorganised, or liquidated, and where its documents are kept.
- Request archive certificates — one on the employment itself, and a separate one on the preferential nature of the work.
- Gather evidence of full-time employment: timesheets, orders, records of extra pay.
- Resubmit the documents to the PFU; if refused again, file an administrative claim seeking to compel the PFU to grant the pension on preferential terms.
Were you refused a preferential pension? Send me the PFU's written refusal and a copy of your work record book — I will tell you whether your position falls under the List, which archive documents you need, and whether there are prospects in court. Send a message or call. Consultations are held in Ukrainian or Russian; written communication in English is available.
Mistakes that cost people the preferential pension
- Arguing about the Commission instead of gathering documents. What wins the case is a set of archive certificates, not a debate about procedure.
- Not checking the job title. A mismatch with the List's wording can be resolved with a certificate on the nature of the work, but it has to be obtained in advance.
- Ignoring the need to prove full-time employment. This is one of the most common reasons cases are lost.
- Treating the employer's liquidation as the end of the road. The documents are almost always kept in a state archive.
- Delaying. The longer you wait, the less likely you are to find the workplace assessment materials.
Frequently asked questions
The PFU refuses because there is no Commission decision. Is that lawful?
On its own, that is not a sufficient ground. In my case the court found such a refusal unlawful: the work record book and archive documents take priority, and the court of appeal upheld that ruling.
The employer has been liquidated. Who can confirm the hazardous conditions?
The state archive where the employer was located: it holds orders, personnel cards, payroll records, and sometimes workplace assessment materials.
The job title in my work record book differs from the List's wording. Is that fatal?
No. What matters is the actual nature of the work, confirmed by a job description, orders, and a certificate on the nature of the work. But this point has to be resolved with documents in advance.
Do I need to prove full-time employment?
Yes, that is one of the key elements. It is confirmed by timesheets, orders, and certificates from the employer or the archive.
Can I still get a preferential pension if part of my service was in a non-preferential job?
Yes, preferential service length is counted separately from total service length. The only question is whether the preferential periods alone are enough for the specific ground relied on — that is assessed individually.