Errors and inaccuracies in the work record book are not an automatic ground for refusing to grant a preferential pension. This was stated in a comment to RBC-Ukraine by Alena Chmona, a lawyer specializing in pension recalculation at the law firm "Prykhidko and Partners." According to her, the Pension Fund of Ukraine may fail to count a period of work if the document contains certain drafting issues; however, the very fact of performing work that entitles a person to preferential pension provision does not disappear because of formal flaws in the entry.
The clarifying certificate as a legal mechanism of confirmation
The key instrument in a situation where the work record book lacks information that determines the right to a preferential pension is the clarifying certificate issued by the enterprise, institution, organization, or their legal successor. This provision is established in paragraph 20 of the Procedure approved by the Cabinet of Ministers of Ukraine Resolution No. 637 of 12 August 1993. The lawyer emphasized that such a certificate is not merely a confirmation of the fact of working at the enterprise, but a document that must contain information allowing the preferential nature of the work performed to be established. A properly drawn-up certificate must explain why a specific period of a specific person's work should be classified as preferential service record. According to Chmona, this is not a way to replace the work record book, but a mechanism provided for by law to confirm information missing from it.
The OK-5 certificate and the employer's role in forming the data
Another important piece of evidence in disputes over preferential service record, the lawyer noted, is the OK-5 certificate, which is compiled on the basis of data from the individualized accounting system — the reporting submitted by the employer. Chmona drew attention to the fact that information on special service record in the Register of Insured Persons does not arise automatically solely on the basis of a worker's application. It is precisely the employer, when submitting reports on its employees, that marks the special service record codes confirming a person's right to preferential pension provision. This information is entered into the Register of Insured Persons and is then reflected in the OK-5 certificate, which a pensioner may request to confirm their right.
What to do if the enterprise has been liquidated
A more complex situation arises when the enterprise where a person worked has already been liquidated and the necessary documents have not been preserved. At the same time, as Chmona emphasized, the liquidation of the enterprise in itself is not a ground for a person to lose the right to have the corresponding period of work counted when a pension is granted. A separate procedure for confirming service record applies in such cases, approved by the Resolution of the Board of the Pension Fund of Ukraine No. 18-1 of 10 November 2006. According to this document, when documents on service record are missing due to the liquidation of the enterprise or for other reasons, the service record may be confirmed on the basis of witness testimony in the manner and under the conditions established by law.
Practical recommendations for pensioners
The Supreme Court of Ukraine has also pointed out that clarifying certificates are needed precisely when the work record book lacks information determining the right to a preferential pension. This means that judicial practice supports a citizen's right to confirm their service record with alternative documents. The lawyer reminded that pensioners who are entitled to several types of payments may independently choose the more advantageous option, and, if necessary, change their decision by submitting an application in person at a Pension Fund service center or online through the web portal of electronic services. Thus, formal errors in the work record book should not frighten future pensioners: the law provides several mechanisms to protect their right to preferential provision.
