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 1992. 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.
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Original signed by: |
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FOR THE BOARD
Beatrice Ezerski
Secretary to the Board |
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.
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