B.C.D. 15-18

EMPLOYER STATUS DETERMINATION

Missouri Central Railroad Company (MCRC)

August 10, 2015

This is a determination of the Railroad Retirement Board concerning the

continuing status of Missouri Central Railroad Company (MCRC) (BA No. 

2881) as an employer under the Railroad Retirement Act (45 U.S.C. §231 et

seq.) and the Railroad Unemployment Insurance Act (45 U.S.C. §351 et

seg.).

In B.C.D. 00-64, MCRC was determined to be an employer under the 

Railroad Retirement Act and Railroad Unemployment Insurance Act

effective October 8, 1999, the date it acquired its line of railroad and began

operations.

In a letter dated March 18, 2015, Ms. Sandra L. Brown, Attorney at Law, of

Thompson Bine, LLP, counsel for MCRC, on behalf of MCRC, stated that

MCRC has never been an active employer, provided rail switching, terminal

services, or rail operations of any kind. According to Ms. Brown, MCRC

has divested itself of the entirety of its rail line, either through sale or the

abandonment process. Ms. Brown stated that MCRC is wholly owned by

Ameren Development Company (ADC), a subsidiary of Ameren

Corporation, an electric utility holding company. Ms. Brown stated that

MCRC has no current or former employees, owns no equipment or facilities,

and does not interchange with any rail carriers. According to Ms. Brown,

rail operations on the subject line are currently provided by Central Midland

Railway Company (CMRC) (B.A. No. 4869). Ms. Brown stated that MCRC

has received abandonment authority from the Surface Transportation Board

(STB) for approximately 192 miles ofits rail line. See STB Docket No. AB1068X, Missouri Central Railroad Company - Abandonment Exemption -

in Cass County. Missouri (abandonment exemption effective December 28,

2010); STB Docket No. AB-1068 (Sub-No. IX), Missouri Central Railroad

Company - Abandonment Exemption - in Cass. Henry. Johnson, and Pettis

Counties. Missouri (abandonment exemption effective July 9, 2013) and 

STB Docket No. AB-1068 (Sub-No. 3X) Missouri Central Railroad

Company - Abandonment Exemption - in Cass. Pettis, Benton. Morgan.

Miller, Cole, Osage. Maries. Gasconade, and Franklin Counties. Missouri

(abandonment exemption effective January 7, 2015). MCRC has transferred

the line in STB Docket No. AB-1068X and STB Docket No. AB-1068 (subNo. IX) to the Missouri Department of Natural Resources (MDNR) under

BA # 2881
the National Trails Act, according to Ms. Brown. Ms. Brown stated that the

final section of rail line, in Docket AB-1068 (Sub-3X) is expected to be

transferred to MDNR after the environmental conditions have been fulfilled

and salvage has been completed. According to Ms. Brown, the remaining

portion of the MCRC rail line, approximately 53 miles, was sold to V&S

Railway, LLC (B.A. No. 2796) in a transaction that fully closed on February

27, 2015.

Section 202.11 (20 CFR 202.11) ofthe Board’s regulations states 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.

The evidence of record establishes that MCRC no longer possesses the

characteristics of an operating railroad company. The Board, therefore,

finds that effective February 27, 2015, the date the last portion of rail line

was sold, Missouri Central Railroad Company, ceased being a covered

employer under the Railroad Retirement and Railroad Unemployment

Insurance Acts.

FOR THE BOARD

Martha P. Rico

Secretary to the Board