This is
the determination of the Railroad Retirement Board
concerning the continuing status of Railroad Track
Construction Corporation (RTCC) (B.A. No. 9516) 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). RTCC has been an employer under the
RRA and RUIA with service creditable from October
8, 1973.
Mr. Thomas R. Ballas, Vice
President–Administration and Human Resources,
Florida East Coast Railway, L.L.C., (FEC)(B.A. No.
1510), advised that RTCC, a wholly owned
subsidiary of FEC, discontinued its operations and
last compensated employees on July 31, 2001.
Although RTCC has not been formally dissolved, it
had no assets or employees when it ceased
operations. FEC has no current plans for RTCC to
resume operations.
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 Railroad Track
Construction Corporation ceased being an employer
under the RRA and RUIA on July 31, 2001, the date
on which it discontinued operations and last
compensated its employees.
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