This is the determination of the
Railroad Retirement Board concerning the continuing
status of the Ashley, Drew & Northern Railway
Company (ADNR) (B.A. No. 2803) as an employer
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.)
(RUIA). ADNR has been an employer under the RRA
and RUIA with service creditable from August 23,
1912.
ADNR filed a petition with the Interstate Commerce
Commission (ICC) on August 25, 1995 requesting
permission for the abandonment of all track
owned by ADNR, as set forth in ICC Finance Docket
No. AB455X. The ICC granted that petition August
31, 1995. Pursuant to the labor protective conditions
accepted therein by ADNR, labor agreements between
ADNR and the unions1
provided for payments to former ADNR employees
from the date of cessation and abandonment of
operations on August 31, 1995 through July 1,
2002. This latter date was confirmed by Mr.
Tim Covington, attorney for Georgia-Pacific
Corporation. The last day on which former employees
of ADNR were compensated was July 1, 2002.
Based on the information set forth above, it
is the determination of the Railroad Retirement
Board that the Ashley, Drew & Northern Railway
Company ceased being an employer under the Railroad
Retirement Act and Railroad Unemployment Insurance
Act on July 1, 2002, the date on which it last
compensated its employees. Cf. Rev. Ruling 82-99,
1982-1 C.B. 154, wherein the IRS held that a
railroad ceases to be an employer subject to
taxes under the Railroad Retirement Tax Act
when the railroad’s employees stop performing
services in connection with the railroad’s
carrier activities and not on the effective
date of the ICC’s approval of the railroad’s
abandonment of its operations.
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