is the decision of the Railroad Retirement Board
regarding the continuing status of the Saginaw
Valley Railway Company 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.)
Saginaw Valley was held to be an employer under
the Acts effective January 4, 1991 (B.A. Number
3282). On September 17, 2004, it was merged
into Huron & Eastern Railway Company, Inc.,
also an employer under the Acts (B.A. No. 3267).
Both companies were owned by RailAmerica, Inc.,
which is not covered under the Acts.
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.
Through the merger into Huron & Eastern
Railway Company and its consequent termination
of corporate existence, Saginaw Valley has lost
the characteristics essential to the existence
of an employer status. Accordingly, the Board
holds that Saginaw Valley ceased to be an employer
under the Railroad Retirement and Railroad Unemployment
Insurance Acts effective with the close of business
on September 17, 2004.