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is the determination of the Railroad Retirement
Board concerning the continuing status of
Aliquippa & Southern Railroad Company
(ASRC) (B.A. No. 4301) as an employer under
the Railroad Retirement Act (45 U.S.C. §
231 et seq.) (RRA) and the Railroad Unemployment
Insurance Act (45 U.S.C. § 351, et seq.)
(RUIA). ASRC has been an employer under the
RRA and RUIA with service creditable from
November 27, 1906. Mr.
John J. Okress, Manager-Purchasing and Planning,
LTV Railroads, a non-carrier holding company,
has advised that ASRC ceased operations
on November 8, 2002 and last compensated
employees on December 31, 2002. All ASRC
assets were sold to Aliquippa & Ohio
River Railroad Company (B.A. No. 4279).
Although ASCR has not yet dissolved as a
business organization, it is clear that
its character as a railroad no longer exists
inasmuch as all of its railroad assets have
been sold.
Section 202.11 of
the Board’s regulations provides 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.
Based on the
information set forth above, it is the determination
of the Railroad Retirement Board that Aliquippa
& Southern Railroad Company ceased being
an employer under the RRA and RUIA on December
31, 2002, the date on which it last compensated
its employees.
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