This is a determination of the Railroad Retirement
Board concerning the continued status of Railtex Trac Company, Inc. (RTCI)
(BA No. 9841) as an employer under the Railroad Retirement Act (45 U.S.C.
§ 231 et seq.) and the Railroad Unemployment Insurance Act (45 U.S.C. §
351 et seq.).
On September 29, 1999, Articles of Dissolution were filed on behalf of
Railtex Trac Co., Inc. The Secretary of the State of Texas issued a
Certificate of Dissolution of Railtex Trac Co., Inc., effective September
29, 1999. The Railroad Retirement Board’s regulations provide that the
employer status of any company or person shall terminate whenever such
company or person loses any of the characteristics essential to the
existence of an employer status. (20 CFR § 202.11). Railtex Trac Co.,
Inc., has been dissolved. Consequently, it no longer possesses the
characteristics of an operating company. The Board therefore finds that
effective with September 29, 1999, the date of dissolution of the
corporation, Railtex Trac Company, Inc., ceased being a covered employer
under section 1(a)(1)(ii) of the Railroad Retirement Act (45 U.S.C. §
231(a)(1)(ii)) and the corresponding provision of the Railroad
Unemployment Insurance Act.
|