This is the determination of the Railroad Retirement Board concerning the
continuing status of CANAC International Ltd. (CANAC) (B.A. No. 2905) 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) CANAC
has been an employer under the RRA and RUIA with service creditable from July 6,
1988. In Board Coverage Decision (B.C.D.) 95-110 (issued November 15, 1995), the
Board held that CANAC was under common control with one or more rail carriers
and provided service in connection with railroad transportation. Information
provided by James T. Jensen, Executive Vice President and General Counsel of
Savage Companies (Savage), a non-railroad employer, indicates that CANAC was
purchased by Savage on April 30, 2004 from its parent company, the Canadian
National Railway. CANAC was inactive and dormant after the purchase, and remains
so. Savage has no relationship with the Canadian National, except for the
purchase. Savage has no ownership interest or any contractual right to acquire
an ownership interest in Canadian National, and none of Savage’s officers or
directors serve as officers or directors of Canadian National. Canadian National
has no ownership interest or any contractual right to acquire an ownership
interest in Savage and none of Canadian National’s officers or directors serve
as officers or directors of Savage.
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 CANAC International Ltd. ceased being an employer
under the RRA and RUIA on April 30, 2004, the date on which it was purchased by
a non-railroad employer and was no longer owned by or under common control with
a rail carrier employer.
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Original signed by: |
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Michael S. Schwartz |
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V.M. Speakman, Jr.
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Jerome F. Kever |
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