"Governmental Plan"? Maybe Not!
Is your plan "Governmental"? If so , it might not be subject to the reporting and fiduciary rules of Title I of ERISA. You may not be subject to PBGC. And you may not be facing economic disaster as a result of PPA '06 accelerated funding mandates.
From 2000 to 2005, DOL issued a series of advisory opinions ("AO") that pretty much concluded a plan could be governmental even if it covered a de minimus number of nongovernmental participants. The DOL, however, limited that conclusion to Title I of ERISA; it gave no assurances as to how IRS and PBGC would view the issue. And in the last five years, you could not even get DOL to rule on a particular plan’s status under Title I.
But wait! A new IRS proposal could surprise a lot of plans that thought they were governmental.