This is the decision of the Railroad Retirement Board regarding the continued
status of the Quincy Bay Terminal Company 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).
Quincy Bay was held to be an employer under the Acts effective February 1, 1992,
(B.A. Number 3122). Quincy Bay had operated the Fore River Railroad, a covered
employer under the Acts (B.A. No. 4103), under an agreement with the
Massachusetts Water Resources Authority, owner of Fore River Railroad. Quincy
Bay ceased operation of the railroad on June 30, 2001, and last compensated its
operating employees on August 2, 2001, and its officers on September 27, 2001.
Its operating assets were sold to various purchasers. Quincy Bay was dissolved
as a corporation in May 2006. Fore River Railroad is operated by Fore River
Railroad Transportation Corporation, a covered employer under the Acts (B.A. No.
4114).
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.
Through the sale of its rail and other assets and its cessation of operations,
Quincy Bay has lost the characteristics essential to the existence of an
employer status. Accordingly, the Board holds that Quincy Bay ceased to be an
employer under the Railroad Retirement and Railroad Unemployment Insurance Acts
effective with the close of business on September 27, 2001, the date as of which
Quincy Bay last compensated its employees.
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Original signed by: |
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FOR THE BOARD
Beatrice Ezerski
Secretary to the Board |
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