This is a determination of the Railroad Retirement Board concerning the status
of Wrightsville & Tennille Railroad Company (WTRC) (BA No. 2544), as an employer
under the Railroad Retirement Act (45 U.S.C. �1 et seq.) and the Railroad
Unemployment Insurance Act (45 U.S.C. �1 et seq.).
WTRC was previously determined to be an employer under the Railroad
Retirement Act and Railroad Unemployment Insurance Act with effective coverage
dating back to December 22, 1883.
In response to a letter dated December 19, 2006 from the Board抯 Chief of
Audit and Compliance requesting updated information concerning WTRC, Mr. Scott
F. Wilkinson, Assistant General Tax Attorney for Norfolk Southern Corporation
(NS) (BA No. 9408) provided information regarding WTRC. According to Mr.
Wilkinson, WTRC was consolidated with Georgia & Florida Railway Company (GFRC)
(BA No. 1536) and Savannah & Atlanta Railway Company (SARC) (BA No. 1534) into
Central of Georgia Railway Company (CGRC) (BA No. 1505) as of June 1, 1971. Mr.
Wilkinson provided a copy of the former Interstate Commerce Commission (ICC),
Finance Docket 25979, decided January 29, 1971 which approved and authorized the
consolidation of railroads into CGRC. Additionally, an Articles of Consolidation
certificate, issued by the Secretary of State of Georgia on May 17, 1971,
recognizing the consolidation into CGRC was provided by Mr. Wilkinson. Mr.
Wilkinson informed the Board that NS抯 payroll system does not contain any
records for compensation paid to WTRC employees. Mr. Wilkinson stated that CGRC
received all of the assets of WTRC upon consolidation and that WTRC no longer
exists as a separate entity.
Section 202.11 (20 CFR 202.11) of the Board抯 regulations states 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.
The evidence of record establishes that WTRC no longer possesses the
characteristics of an operating railroad company. The Board therefore finds that
effective June 1, 1971, the date WTRC was consolidated with CGRC and two other
railroads into the Central of Georgia Railroad Company, the Wrightsville &
Tennille Railroad Company ceased being a covered employer under the Railroad
Retirement and Railroad Unemployment Insurance Acts.
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Original signed by: |
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FOR THE BOARD
Beatrice Ezerski
Secretary to the Board |
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