This is the determination of
the Railroad Retirement Board concerning the
continuing status of Colorado Central Railroad
Company (CCR) (B.A. No. 3793) 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). CCR has been an employer
under the RRA and RUIA with service creditable
from October 28, 2001.
Mr. Court R. Hammond, President, CCR, , has
advised that CCR ceased operations on October
1, 2002, the date on which its operating contract
was cancelled and last compensated employees
on May 2, 2002. Although CCR has not yet dissolved
as a business organization, it is clear that
its character as a railroad no longer exists
inasmuch as its interim operation as a contract
operator, with only leased railroad equipment
and no permanent assets of its own, has now
ceased.
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 Colorado Central
Railroad Company ceased being an employer under
the RRA and RUIA on October 1, 2002, the date
on which it ceased operations.
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