Home Site Map Contact Us Benefit Online Services Benefit Forms & Publications  
SkipAgency Management & Reports
Benefit Forms & Publications
Benefit Information
Benefit Online Services
Employer Forms & Publications
Employer Information
Employer Online Services
Financial, Actuarial & Statistical
Genealogy
Legal Information
National RR Investment Trust
News Releases
Office of Inspector General
Public Forms & Publications
RELATED LINKS
'' Employer Coverage Terminated Index
'' Board Coverage Decision Index
'' The Board
Employer Status Determination
Columbia & Silver Creek Railroad Co., Inc.
Board Coverage Decision 06-45
October 03, 2006 View this document in PDF

 
To view and download PDF documents, you need the free Acrobat Reader Read RRB's external link disclaimer
. We recommend using the latest version.
Viewers with visual disabilities can go to Adobe's Access Website Read RRB's external link disclaimer
. for tools and information that will help make PDF files accessible.

This is the decision of the Railroad Retirement Board regarding the continued status of the Columbia & Silver Creek Railroad Co., Inc., 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).

Columbia & Silver Creek was held to be an employer under the Acts effective April 4, 1982, (B.A. Number 3591). Columbia & Silver Creek ceased operations in August 19921. The corporation has not been dissolved, but it owns no equipment or facilities.

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 cessation of operations 16 years ago, and the absence of ownership of any railroad equipment, the Columbia & Silver Creek has lost the characteristics essential to the existence of an employer status. Accordingly, the Board holds that Columbia & Silver Creek ceased to be an employer under the Railroad Retirement and Railroad Unemployment Insurance Acts effective with the close of business on August 31, 1992. Cf. Rev Ruling 82-99, 1982-2 C.B. 154, wherein the Internal Revenue Service ruled that a railroad ceases to be an employer subject to taxes under the Railroad Retirement Tax Act when the railroad’s employees stop performing services in connection with the railroad’s carrier activities.

 

  Original signed by:
   
  FOR THE BOARD
Beatrice Ezerski
Secretary to the Board

1 The company continued, however, to file reports of compensation which showed no employees. The company failed to file a report of compensation and service for 2003. Inquiries to the company in September and November 2005 were not responded to. The information supporting termination of coverage under the Acts was obtained in May 2006 by means of a subpoena.


Privacy Policy Policies & Links Freedom of Information Act No FEAR Act Data Frequently Asked Questions About Us

Link to RECOVERY.gov
RECOVERY.GOV
Link to USA.gov: The U.S. government's official web portal. U.S. Railroad Retirement Board RRB Seal links to home page
844 North Rush Street
Chicago Illinois, 60611-2092
Toll Free: (877) 772-5772
TTY: (312) 751-4701
Directory: (312) 751-4300
Contact an RRB office near you
     
     
Date posted: 10/27/2006
Date updated: 10/26/2006