This
is the determination of the Railroad Retirement
Board concerning the continuing status of
Ludington & Northern Railway Company
(L&N) (B.A. No. 4237) 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). L&N has been an
employer under the RRA and RUIA with service
creditable from July 18, 1901.
L&N was abandoned on June 15, 1982
after Sand Company, its owner, closed the
sand mine from which L&N hauled sand
to its interchange with the C&O (now
CSX). From that date through 1989, L&N
filed reports with the Board which stated
that it had no employees. L&N reported
earnings for employees from 1990 through
1994. L&N reported zero employees for
1995 through 1997, when it filed its final
report to the Board. Effective March 11,
1997, an abandonment exemption was granted
by the Surface Transportation Board (STB)
whereby L&N was permitted to abandon
its entire 2.54 mile line of railroad (STB
Finance Docket No. AB-488X, decided March
3, 1997). There is evidence that L&N
had one switch engine which was removed
from its railroad line after the sand mine
closed in 1982. A recent business report
shows that the corporate status of L&N
is “inactive – certificate of
dissolution”.
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 summarized above,
it is the determination of the Railroad
Retirement Board that Ludington & Northern
Railway Company ceased being an employer
under the RRA and RUIA on March 11,
1997, the effective date of the abandonment
exemption for L&N. |