"Second Circuit: ERISA Does Not Preempt California’s Tax On UBTI"

On May 23, 2006, the Second Circuit Court of Appeals issued its decision in Hattem v.  Schwarzenegger, holding that the Employee Retirement Income Security Act of 1974 (“ERISA”) does not preempt California’s tax on unrelated business taxable income (“UBTI”).  This Stroock Special Bulletin looks at the Hattem decision and examines its potential impact on employee benefit plans.