| This is a determination of the Railroad
Retirement Board concerning the continued status of Los Angeles Union
Passenger Terminal (LAUP) (BA No. 4736) as an employer under the Railroad
Retirement Act (45 U.S.C. § 231 et seq.) and the Railroad Unemployment
Insurance Act (45 U.S.C. § 351 et seq.). Mr.
Jim Coulton, Senior Director, Federal Taxes, Union Pacific Railroad,
has advised that the Union Pacific Railroad’s 23% interest in
LAUP was exchanged to the Santa Fe Pacific Realty (through Union Pacific
Realty Company) effective January 19, 1990. The only assets LAUP owned
at that time were land and buildings. Mr. Coulton advises that there
are no payroll records indicating that LAUP had employees within at
least the last twenty years.
The Railroad Retirement Board’s regulations
provide 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. (20 CFR § 202.11). The
information summarized above indicates that LAUP no longer possesses
the characteristics of an operating railroad company. The Board therefore
finds that effective April 16, 2002, the date the Board first received
notification that LAUP was no longer in operation, LAUP ceased being
a covered employer under section 1(a)(1)(i) of the Railroad Retirement
Act (45 U.S.C. § 231(a)(1)(i)) and the corresponding provision
of the Railroad Unemployment Insurance Act.
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