Can S-Corp Owners (i.e., 2% Owners), Sole Proprietors, or Partners in a Partnership Participate in a Premium Conversion Plan (PCP)?

Our PCP Plan Document states that only "Eligible Employees" can participate in the plan, and an Employee is defined as "any person providing services to the Employer or Participating Employer as a common law employee." Because S-Corp owners (i.e., 2% owners), sole proprietors, and partners in a partnership are not common law employees, none of these individuals can participate in the plan.