This is a determination of the Railroad Retirement Board concerning the
continuing status of Saltville Railroad Company (SRC) 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.). SRC (BA # 4409) has been an employer
under the Railroad Retirement Act and Railroad Unemployment Insurance Act since
January 1, 1982.
On January 22, 2008, Mr. Murphy Evans, the former President of Saltville
Railroad Company and current General Manager of L & S Holding Company, responded
to the Board抯 Audit and Compliance Division concerning a request regarding the
operating status of SRC. The request was sent as part of an effort to review
existing covered employers that have not recently filed service and compensation
reports.
Mr. Evans provided documentation showing that SRC merged into L & S Holding
Company on March 31, 1995.
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.
Information in our coverage files indicates that SRC was formed to operate a
railroad in Saltville, Virginia but the railroad never began operations. When
the merger between SRC and L & S Holding occurred in 1995, there were no
railroad operations for L & S Holding to assume. The evidence of record
establishes that SRC no longer possesses the characteristics of a railroad
carrier employer. The Board therefore finds that effective March 31, 1995, the
date SRC was merged into L & S Holding, Saltville 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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