This is the determination of the Railroad Retirement
Board concerning the continuing status of Safe Handling Rail, Inc. (SHR) (B.A.
No. 2133) 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). SHR has been an employer under the RRA and RUIA with service
creditable from December 6, 2000.
Information regarding SHR was provided by
Andrew Clement, Chief Financial Officer of
SHR. According to Mr. Clement, SHR ceased
operations and last compensated its employees
on October 31, 2003. All fixed assets, miscellaneous
equipment and tools of SHR were left for
the new operator, Morristown & Erie Railway,
Inc., d/b/a Maine Eastern Railroad (B.A.
No. 2136). SHR now has no relationship with
the railroad industry and has ceased operations
entirely. Although SHR has not yet dissolved
as a business organization, it is clear that
its character as a railroad employer covered
under the RRA and RUIA no longer exists inasmuch
as all of its railroad assets were left for
the new operator.
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.
on the information set forth above, it
is the determination of the Railroad Retirement
Board that Safe Handling Rail, Inc. ceased
being an employer under the RRA and RUIA
on October 31, 2003, the date on which
last compensated its employees and ceased