Preferential pension: Schedule 1

Privileged pensions are among the issues that clients of Prikhodko & Partners Law Firm often seek legal support on. Working on these topics on a regular basis, we are well aware of the common problems in the field of pension law and use all available legal tools to represent our clients' interests in a quality manner. So, let's touch on the issue of preferential pensions under Schedule 1. We are talking about employees who worked in harmful and particularly harmful working conditions.

How does the law regulate this topic?

Paragraph 1 of part two of Article 114 of the Law of Ukraine «On Compulsory State Pension Insurance» regulates in detail the grounds for granting a pension on preferential terms under Schedule 1. These include the age and length of service provided for by this law, as well as the relevant certification of workplaces.

Another legal act that regulates this issue is the Law «On Pensions». Specifically, we are talking about paragraph «a» of Article 13 of this Law. It also regulates the procedure for granting a pension on preferential terms under Schedule 1.

What problems do pensioners face?

At present, there is a conflict between the two legal acts on the age at which a pension is granted on preferential terms under List 1 for women. Thus, Law №1788-XII fixes the age at 45 years, while Law №1058-IV fixes the age at 50 years.

In this case, it is worth referring to the case law of the Constitutional Court of Ukraine and being guided by what this body of constitutional jurisdiction says in its decisions. Thus, the CCU Decision № 1-р/2020 of January 23, 2020 recognized Article 13, part 2 of Article 14 and paragraphs «b» - «d» of Article 54 of the Law «On Pensions» in the current version as inconsistent with the Constitution. The phrase «in the current version» is not accidental here, as the aforementioned articles were amended by the Law «On Amendments to Certain Legislative Acts of Ukraine on Pensions» in 2015.

To summarize the above, the Constitutional Court's decision is on the side of female pensioners seeking to retire on a preferential pension under List 1 at the age of 45, if the requirements for length of service and certification of workplaces are also met. However, the Pension Fund traditionally has a different position on this issue and in most cases takes advantage of the aforementioned legal conflict by denying women pensions before the age of 50.

How to act to defend your rights?

If you are faced with a similar problem, this does not mean that you should give up and accept the position of the Pension Fund, which in such cases contradicts the current legislation. The team of Prikhodko & Partners Law Firm regularly handles such cases and knows how to help clients in them. We have well-established algorithms for working in such cases, so we are able to work for a high-quality and predictable result.

We will represent your interests in court and ensure that your rights are respected. This also applies not only to situations where the Pension Fund refuses to grant a pension because you are under the age of 50, but also to other cases. For example, we are talking about the refusal to grant a pension, which Pension Fund representatives motivate by the lack of job certification or clarifying certificates. We carefully check which periods are not included, compare the certificates and entries in the work record book, and then plan further actions.

The team of Prikhodko & Partners Law Firm will make every effort in the legal field to defend your rights and legitimate interests. Our lawyers have practical experience in recalculating pensions of various categories, so fill out the form on the website and our lawyer will call you back as soon as possible.