[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: 20CFR202.9]



[Page 186-187]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 202_EMPLOYERS UNDER THE ACT--Table of Contents

 

Sec.  202.9  Controlled company or person not principally engaged in 

service or operation in connection with railroad transportation.



    (a) With respect to any company or person owned or controlled by one 

or more carriers or under common control therewith, performing a service 

or operating equipment in connection with the transportation of 

passengers or property by railroad, or the receipt, delivery, elevation, 

transfer in transit, refrigeration or icing, storage, or handling of 

property transported by railroad, but which is principally engaged in 

some other business, the Board will require the submission of 

information pertaining to the history and all operations of such company 

or person with a view to determining whether it is an employer or 

whether some identifiable and separable enterprise conducted by the 

person or company is to be considered to be the employer, and will make 

a determination 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 business which 

constitutes a service or operation of equipment or facilities in 

connection with the transportation of passengers or property by railroad 

in relation to its other business;

    (3) The amount of its business which constitutes a service or 

operation of equipment or facilities in connection with the 

transportation of passengers or property by railroad and the ratio of 

such business to its entire business;

    (4) Whether such service or operation is a separate and distinct 

enterprise;



[[Page 187]]



    (5) Whether such service or operation is more than casual, as that 

term is defined in Sec.  202.6.

    (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.