This is the determination of the Railroad Retirement Board concerning the
continuing status of Toppenish, Simcoe & Western Railroad, Inc. (TSWI) (B.A. No.
2660) 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.)(RU1A). TSWI has
been an employer under the RRA and RUIA with service creditable from April 1,
Information provided by Gerald L. Boekholder, president of the Yakima Valley
Rail and Steam Museum, reported that TSWI ceased all rail activity as of
midnight on December 20, 2005; that all employees were terminated and last
compensated as of December 20, 2005, and that TSWI's Board of Directors
dissolved itself and returned all of its assets to its parent corporation,
Yakima Valley Rail & Steam Museum Association. The rail line on which TSWI
operated is owned by Yakima County, Washington. The decision to terminate the
existence of TSWI was based on Yakima County's granting of operating rights to a
Section 202.11 of the Board's regulations provides 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.
Based on the information set forth above, it is the determination of the
Railroad Retirement Board that Toppenish, Simcoe & Western Railroad, Inc.,
ceased being an employer under the RRA and RUIA on December 20, 2005, the date
on which it last compensated its employees and ceased operations.
Original signed by:
||FOR THE BOARD
Secretary to the Board