This is the determination of the Railroad Retirement Board concerning the
continuing status of Penn Eastern Rail Lines, Inc. (PERL) (B.A. No. 2378) as an
employer under the Railroad Retirement Act (45 U.S.C. (45 U.S.C. § 231, et seq.)
(RRA) and the Railroad Unemployment Insurance Act (45. U.S.C. § 351, et seq.) (RUIA).
PERL has been an employer under the RRA and RUIA with service creditable from
December 31, 1997. On August 27, 2007, PERL and East Penn Railways, Inc. (EPR)
(B.A. No. 2363) merged into one consolidated corporation, East Penn Railroad,
LLC (ESPN). Surface Transportation Board (STB) authority for this merger is set
forth in STB Finance Docket No. 35056, decided July 3, 2007. See also B.C.D. No.
08-8, decided February 11, 2008, wherein ESPN was ruled to be an employer under
the RRA and RUIA effective August 28, 2007, the date on which ESPN was sold to
Regional Rail, Inc., a non-carrier. All PERL and EPR employees were hired by
ESPN to continue the same rail operations. As a result of the August 27, 2007
merger PERL lost its status as a corporate entity and became non-existent.
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 Penn Eastern Rail Lines, Inc. ceased being an
employer under the RRA and RUIA on August 27, 2007, the date on which it lost
its status as a legal entity as a result of corporate merger.
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Original signed by: |
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FOR THE BOARD
Beatrice Ezerski
Secretary to the Board |
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