[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: 20CFR202.3]



[Page 185]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 202_EMPLOYERS UNDER THE ACT--Table of Contents

 

Sec.  202.3  Company or person principally engaged in non-carrier 

business.



    (a) With respect to any company or person principally engaged in 

business other than carrier business, but which, in addition to such 

principal business, engages in some carrier business, the Board will 

require submission of information pertaining to the history and all 

operations of such company or person with a view to determining whether 

some identifiable and separable enterprise conducted by the person or 

company is to be considered to be the employer. The determination will 

be made in the light of considerations such as the following:

    (1) The primary purpose of the company or person on and since the 

date it was established;

    (2) The functional dominance or subservience of its carrier business 

in relation to its non-carrier business;

    (3) The amount of its carrier business and the ratio of such 

business to its entire business;

    (4) Whether its carrier business is a separate and distinct 

enterprise.

    (b) In the event that the employer is found to be an aggregate of 

persons or legal entities or less than the whole of a legal entity or a 

person operating in only one of several capacities, then the unit or 

units competent to assume legal obligations shall be responsible for the 

discharge of the duties of the employer.



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