[Code of Federal Regulations]

[Title 20, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 20CFR202.12]



[Page 187-188]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 202_EMPLOYERS UNDER THE ACT--Table of Contents

 

Sec.  202.12  Evidence of termination of employer status.



    (a) In determining whether a cessation of an essential 

characteristic, such as control or service in connection with railroad 

transportation, has occurred, consideration will be given only to those 

events or actions which evidence a final or complete cessation. Mere 

temporary periods of inactivity or failure to exercise functions or to 

operate equipment or facilities will not necessarily result in a loss of 

employer status.

    (b) The actual date of cessation of employer status shall be the 

date upon which final or complete cessation of an essential employer 

characteristic occurs. The following indicate but do not delimit the 

type of evidence that will be considered in determining the actual date 

of cessation of an employer status: stoppage of business or operations; 

the cancellation of tariffs, concurrences, or powers of attorney filed 

with the Interstate Commerce Commission; the effective date of a 

certificate permitting abandonment; the effective date of a pertinent 

judicial action such as the discharge of a receiver, trustee, or other 

judicial officer, or an order approving sale of equipment or machinery; 

the sale, transfer, or lease of property, equipment, or machinery 

essential to the continuance of an employer function or to control by a 

carrier employer; public or private notices of contemplated or scheduled 

abandonment or cessation of operations; termination of contract; 

discharge of last employee; date upon which the right of a railway labor 

organization to participate in the selection of labor members of the 

National Railroad Adjustment Board ceases or is denied; and date on 

which an employer, if a labor organization, ceases to represent or is 

denied the right to represent crafts or classes of employees in the 

railroad industry, or to promote the interests of employees in the 

railroad industry.

    (c) In the absence of evidence to the contrary the employer status 

of an existing company or person shall be presumed to continue, and in 

accordance with Sec.  250.1(b) of this chapter it is the



[[Page 188]]



duty of each employer promptly to notify the Board of any change in 

operations affecting such company's status as an employer.



[Board Order 41-85, 6 FR 1210, Mar. 1, 1941]