This is the determination
of the Railroad Retirement Board concerning
the continuing status of Atlantic and East
Carolina Railway Company. (AEC) (B.A. No.
2548) 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).
AEC has been an employer under the RRA and
RUIA with service creditable from September
Ms. Leslie S. Farless, Assistant Corporate
Secretary, Norfolk Southern Corporation,
advised that AEC ceased operations on October
20, 2003, when it merged into Norfolk Southern
Railway Company (B.A. No. 1525), the latter
being the survivor corporation. This was
confirmed by the Articles of Merger filed
in the State of North Carolina on October 20,
2003 and Surface Transportation Board Finance
Docket No. 34396, decided October 22, 2003.
Section 202.11 of the Board’s regulations
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 Atlantic and East Carolina Railway
Company ceased being an employer under the
RRA and RUIA on October 20, 2003, the
date on which it merged into another corporation
and ceased to exist.