This is the determination
of the Railroad Retirement Board concerning
the continuing status of Short Lines, Incorporated
(SLI), B.A. No. 9528, 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). SLI was ruled to be an employer
under the RRA and RUIA effective November
25, 1987 (B.C.D. 93-8).
According to Mr. Dennis Prince, President
of SLI, the railroad ceased all operations
and last compensated its employees on December
31, 1997. SLI never owned any equipment. The
shareholders of SLI adopted a resolution to
dissolve SLI as a corporation on December
30, 1997. The dissolution became effective
April 21, 1998, when Articles of Termination
of Corporate Existence were filed with the
Secretary of State of Tennessee.
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. 20
CFR 202.11.
The Board finds that SLI has lost the characteristics
essential to the existence of its employer
status because it no longer exists as a corporation.
In view of the foregoing, it is the determination
of the Railroad Retirement Board that Short
Lines, Incorporated ceased being an employer
under the RRA and RUIA effective April 21,
1998, the date as of which it was dissolved
as a corporation.