This is a determination of the Railroad Retirement Board concerning the
continuing status of Twin Branch Railroad Company (TBR) 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.). TBR (B.A. No.3225) has been an employer
under the Railroad Retirement Act and Railroad Unemployment Insurance Act since
October 1, 1925.
According to Legal Opinion L-79-146, TBR's name appeared in the Employer
Status List under Item 6902, with the period of creditable service shown as
October 1, 1925, to date. That opinion further noted that TBR, with the approval
of the Interstate Commerce Commission (ICC), ceased operations as of June 1,
1978, and had no employees since June 16, 1978. However, TBR still existed as a
corporate entity. Accordingly, TBR was found to remain an employer “until such
time as its dissolution may occur”. No reports were required of TBR “as long as
it has no employees”.
The agency librarian researched the Indiana Secretary of State's records and
found information indicating TBR was dissolved March 31, 1990.
Section 202.11 (20 CFR 202.11) of the Board's regulations states 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.
As indicated above, information available indicates that Twin Branch Railroad
Company was formed to operate a railroad beginning October 1, 1925. The research
by the Division of Audit and Compliance, Office of General Counsel, and the
agency librarian, as well as information contained in Twin Branch Railroad
Company's file, indicate that TBR ceased to be an operational railroad in June
1978. The evidence of record establishes that TBR no longer possesses the
characteristics of a railroad carrier employer. The Board therefore finds that
effective March 31, 1990, the date it was dissolved, Twin Branch Railroad
Company ceased being a covered employer under the Railroad Retirement and
Railroad Unemployment Insurance Acts.
Original signed by:
||FOR THE BOARD
Secretary to the Board