This is the determination of the Railroad Retirement Board concerning the
continuing status of Austin Area Terminal Railroad, Inc. (AATR) (B.A. No. 3895)
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).
AATR has been an employer under the RRA and RUIA with service creditable from
December 13, 2000.
Information provided by Edward D. Greenberg, the attorney
representing AATR, confirmed that AATR ceased its operations on September 30,
2007. Further information has confirmed that AATR employees were last
compensated on September 30, 2007, and that the majority of AATR employees went
to work for the new carrier operator of the rail
line service formerly provided by AATR and that two administrative employees
went to work for AATR's parent corporation, Trans-Global. AATR itself is now a
dormant corporation with no assets.
Section 202.11 of the Board's regulations provides 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.
Based on the information set forth above, it is the determination of the
Railroad Retirement Board that Austin Area Terminal Railroad, Inc. ceased being
an employer under the RRA and RUIA on September 30, 2007, the date on which it
ceased operations and last compensated employees.
Original signed by:
||FOR THE BOARD
Secretary to the Board
Austin Western Railroad, Inc. See B.C.D. No.
08-5, issued January 22, 2008.