"The advanced notice indicates that a plan would be treated as a governmental plan under Code section 414(d) if the only participants covered by the plan are employees of that governmental entity. However, the Service has requested comments on the treatment of a plan that covers nongovernmental employees. The Service should consider allowing a plan that covers a de minimis number of nongovernmental employees as being a governmental plan, regardless of whether the employees were previously employed by a governmental employer."  MORE >>