Frequently Asked Questions

The contact information for the LCASE Settlement Supplement's HRA Administrator is Via Benefits. The Via Benefits LCASE Settlement Administration is: Via Benefits LCASE number: 833-939-1210 Website: https://my.viabenefits.com/LCASE ARCHER contact information regarding questions on the Supplement eligibility and amounts: ARCHER toll-free number 1-800-978-8522 Email: llnlretireesettlement@archersystems.com (note: email preferred) The Via Benefits Funding Guide for Reimbursements was sent to primary account holders only and is also available on the ARCHER website: http://www.llnlretireesettlement.com/ A sample of The Funding Guide is also available at: https://documents.viabenefits.com/website/lcase/991009-200526-FundingGuide-LCASE-1.pdf Questions about medical plan enrollment and provisions should be directed to the Carrier's contact number for the plan you elected for 2021. For group benefits plan enrollment information through LLNS: Empyrean: 844-750-5567 or LLNS Benefits Office: 925-422-9955 Medicare-Eligible LLNS Via Benefits: (866)682-4841

To qualify for an annual Settlement Supplement, you must have filled out a CMDF, be approved by ARCHER, and you must be enrolled in a valid medical plan through the LLNS open enrollment process. If you were not on the eligible list of participants as of January 1 of the plan year, you need to contact ARCHER to be added to the list. To determine your eligibility, ARCHER will require that you provide a confirmation statement from either Empyrean or Via Benefits and/or a premium statement showing the plan you have elected. If you have a question about your enrollment, please have this confirmation available when you call ARCHER.

If your primary family member does not have a supplement amount included for all eligible members in the Via Benefits LCASE Settlement HRA and you have met the CMDF and enrollment requirements specified above, please contact ARCHER on the phone number and email above. Before contacting ARCHER, you should confirm that: 1. You have filled out a Class Member Data Form (CMDF) 2. You are enrolled in a LLNS-sponsored medical plan through either Empyrean or Via Benefits. 3. You have your confirmation documentation available that shows your 2021 election so that ARCHER can relay the information to Via Benefits.

Questions about your medical plan enrollment should be directed to the plan administrator for the plan you elected. The contact numbers are provided above and in the LLNS 2021 Open Enrollment Guide provided during Open Enrollment.

The Settlement Supplement amount for each eligible class member or family unit is determined using the election information provided during the 2021 LLNS open enrollment process. Any eligible expenses incurred on or after January 1, 2021, are qualified for reimbursement. The Supplement amounts can be found at the following link: http://www.llnlretireesettlement.com/documents/Implementation of Settlement Supplement Administrator for HRA (May 2021).pdf You can call the Via Benefits LCASE number above and ask the advisor to confirm the total amount of your family's Supplement. Please note that the Supplement amount for the entire family is listed under the primary member's name. For example, a family of 2 members, a Retiree and Spouse, who are entitled to a Supplement and enrolled in Kaiser Senior Advantage will have a Supplement of $1,212 ($606 per member), and it will be visible in the LCASE Settlement Administration account under the name of the retiree.

If you believe the Supplement amount is incorrect, email ARCHER for an explanation as to how your Supplement was determined.

For the non-Medicare eligible class members, this will be the first time you will have access to an HRA. You will need to establish a direct deposit account with Via Benefits to receive reimbursements.

Class Members who are Medicare-eligible may already have an HRA provided by LLNS. For those who already have an HRA, please note that this HRA is separate and additional to the one you already have. If you receive your LLNS supplement through Via Benefits, then you may have direct deposit information on file, and that should be available to your LCASE Settlement Supplement as well. If you cannot locate it, you should contact the LCASE Via Benefits team at the information provided above. If you receive your LLNS supplement through Empyrean/Kaiser Senior Advantage, you will need to provide direct deposit information to the LCASE Via Benefits representatives (see below and in your Funding Guide, sent separately by Via Benefits to your home address).

Questions about your account and access should be directed to the Via Benefits LCASE call-in line listed above.

All HRA's are joint accounts, and the funding guide to reimbursement will be in the name of the primary. If you are a spouse or a dependent, your allocation will be loaded under the primary, and you may access and submit reimbursements to this account.

This means you are a spouse/dependent, and the funds are loaded under the primary; ensure you ask about the funds for the family unit under LCASE.

The Via Benefits Team will not know whether your HRA amount is correct or not and will refer you to the table here. If you review the allocation that should have been loaded for your family unit and you would like to report a data discrepancy, the Via Benefits staff can log a data escalation and/or refer you to ARCHER for corrections.

To receive a Settlement Supplement payment, Via Benefits requires that participants enroll in direct deposit and that reimbursement requests be submitted. Class Members who already receive an HRA through Via Benefits should have access to their direct deposit account for the Settlement Supplement. If there is a problem with this access, please contact LCASE Via Benefits at the contact information provided above. If this is the first time receiving an HRA through Via Benefits, you must enroll in direct deposit so that payments can be sent to your designated bank account. This can be done by phone or online using the LCASE Via Benefits contact information provided above. Payments require submission of reimbursement requests to Via Benefits for your premiums and out-of-pocket medical expenses which can be done online or by requested a claim form by calling the Via Benefits LCASE number provided above.

Payments that are 'pending' or 'on hold' are either missing direct deposit information or waiting on bank account validation after direct deposit information has been loaded, this temporary delay will be resolved shortly and the money deposited directly into your account if a valid bank account was provided. If after a few days the money has still not been released, go online, and correct the direct deposit information entered or call Via Benefits for a direct deposit form.

Changes are sent to Via Benefits on the first Thursday of each month; depending upon the timing, it could take up to a month for your changes to update during the month the change(s) are submitted.

You should notify ARCHER as soon as possible after the death of a class member.

Should a class member pass away during a “current” plan year, a surviving spouse, heir, or beneficiary may submit eligible claims on behalf of the deceased class member for reimbursement of any eligible claims incurred prior to death. A survivng spouse, heir, or beneficiary has six (6) months to submit eligible claims on behalf of a deceased class member.

No. There is never a “refund” of a Supplement amount or any accumulated balance. A surviving spouse, heir, or beneficiary may submit eligible claims on behalf of the deceased class member for reimbursement of any eligible claims incurred prior to death. A surviving spouse, heir, or beneficiary has six (6) months to submit eligible claims on behalf of a deceased class member.

Please follow one of the three direction sets below: Online: Log in to https://my.viabenefits.com/LCASE and then click 'Funds and Reimbursements.' Then you click 'Reimbursement Center' and under the section 'Did you know?' select 'Set Up Direct Deposit.' Finally, enter the banking information requested to complete the form. Mobile: Login to Via Benefits Mobile App and Scroll down on the Account Dashboard screen and select 'Set Up Direct Deposit.' Enter the banking information requested to complete the screen and click 'save.' Paper: You may call Via Benefits and request a direct deposit form be mailed to your home. Once received, you will fill out and return the requested information. If you have questions when filling out the form, do not hesitate to call Via Benefits for assistance.

If you are not enrolled with Via Benefits (pre-65 or on the Kaiser group plan(s) or would like to submit manually for reimbursement, you will need to use one of the following reimbursement methodologies: Online or Mobile: Login to https://my.viabenefits.com/LCASE or by using the Via Benefits Mobile App and then click 'Funds and Reimbursements.' Then you click 'Reimbursement Center' and select the type of reimbursement you are seeking, either Premium or Out-Of-Pocket. On the reimbursement homepage. Paper: You may call Via Benefits and request a reimbursement form to be mailed to your home. Once received, you will fill out and return the requested information. If you have questions when filling out the form, do not hesitate to call Via Benefits for assistance. Don't forget that in order to process your reimbursement, we will need the following information: Coverage Period (e.g., 01/01/2021 - 12/31/2021) Carrier (e.g., Anthem) Individual Serviced (e.g., John Doe) Monthly Amount (e.g., $200.00) If you are enrolled with Via Benefits, please go online or call Via Benefits to turn on Automatic premium reimbursement from your LCASE Settlement HRA. For Pre-65 and Kaiser Group plan participants Kaiser and Empyrean have provided directions on how to get your monthly premium amount (from Empyrean) and coverage periods (from Kaiser). Please see additional information below: Empyrean: The participant must log into the main benefits enrollment portal, and then login to billing is an SSO from that homepage. www.llnsretireebenefits.com Once you log in, you select "Billing Services" link on the homepage to single sign-on into their Billing Account. Kaiser: Members can access most of the information requested on the kp.org website. The missing piece would be premium payments, ARCHER does not have any documentation to provide members regarding their premiums paid.

If a Class Member received a $1,000 initial payment, the Class Member will receive an IRS Form 1099-MISC via U.S. Mail. ARCHER Systems, LLC, and affiliates of ARCHER do not provide tax or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied upon for tax or accounting advice. You should consult your own tax professionals and accounting advisors. Furthermore, ARCHER Systems, LLC, and its affiliates do not provide legal advice.

A verified Class Member electing coverage in a LLNS medical plan option is eligible for a Settlement Supplement. If you believe you are eligible for a Settlement Supplement but have not completed a Class Member Data Form, please contact the Settlement Administrator at 1-800-978-8522 or by email at llnlretireesettlement@archersystems.com

Eligibility for the Settlement Supplement is based on election to a LLNS sponsored plan. You cannot receive a Settlement Supplement unless you enroll in a LLNS sponsored medical plan option.

You will receive your Settlement Supplement through a Health Reimbursement Account (HRA) that will be created up for all eligible Class Members.

An HRA is a reimbursement account designed to cover eligible healthcare expenses as defined in Section 213(d) of the Internal Revenue Code. For a complete list of eligible expenses see https://www.irs.gov/pub/irs-pdf/p502.pdf

Currently, funds are scheduled to be available in January 2021. You will be able to submit any eligible expenses incurred beginning January 1, 2021.

The Settlement Supplement determination details are provided on the Settlement Administrators website at http://www.llnlretireesettlement.com/documents/Final%20Approval%20Order%20&%20Judgment%20(04-10-20)%20-%20File%20Endorsed.pdf. See Schedule C to Stipulation of Class Action Settlement and Release, pages 72-79.

Yes. The amount of the Settlement Supplement may increase or decrease depending upon market and other factors. You will be notified during each open enrollment period of the new Settlement Supplement amounts.

An HRA typically covers premium costs and eligible expenses as defined by section 213(d) of the Internal Revenue Code. A link to the IRS website providing detailed information can be found at https://www.irs.gov/pub/irs-pdf/p502.pdf

Yes. Any unused dollars will rollover at the end of the plan year.

Yes. All class members covered under the same policy are eligible to submit expenses. Those electing coverage under a LLNS plan separately will be able to submit only their claims to the HRA.

No, interest is not credited to your HRA account.

The HRA is funded annually based on your medical plan election, and continued participation in the LLNS sponsored group plans—if you are not Medicare eligible and enrolled in one of the Anthem Blue Cross or Kaiser options OR if you are Medicare eligible and enrolled through Via Benefits or the Kaiser Senior Advantage Plan through LLNS.

No. In order to receive reimbursement, you will be required to sign up for direct deposit into the bank account of your choice. You will receive instructions about setting up direct deposit and how to receive reimbursement(s) in early to mid-January 2021.

The Regents’ records show that you and/or your family member(s) were employed by the University of California at the Lab and you and/or your family member(s) retired before Lab management changed from The Regents to LLNS in 2007. The Court allowed, or “certified,” a class action lawsuit related to the loss of University-sponsored health benefits for retirees of the University of California when management of the Lab changed to LLNS. You were sent this notice because you have the right to know about a proposed settlement of the class action lawsuit and about your options before the Court decides whether to approve the settlement. The terms of the settlement are described in section 8, below. The Court directed that this notice be sent to you because you may be a member of the Class, and Class Members have a right to know about the lawsuit and the proposed settlement. This package explains the lawsuit, the settlement, your legal rights, the deadlines to exercise your rights, what benefits are available, who is eligible for them, and how those benefits will be provided.

Lab retirees Joe Requa, Wendell G. Moen, Jay Davis, Donna Ventura filed a lawsuit against The Regents in California Superior Court for the County of Alameda, on August 11, 2010, called Requa v. Regents of the University of California, Case No. RG‐10530492. Later, Geores Buttner, Robert Becker, Gregory Bianchini, Alan Hindmarsh, Steve Hornstein, Cal Wood and Sharon Wood were added. Joe Requa withdrew for medical reasons in 2011. The case then proceeded as Moen v. Regents of the University of California, et al. Two of the Petitioners, Geores Buttner and Robert Becker, passed away while the case was pending, and another Petitioner, Steve Hornstein, withdrew for medical reasons on November 21, 2019. Superior Court Judge Winifred Y. Smith is the judge overseeing the case. The persons who filed the lawsuit are called the “Petitioners.” The Regents is called the “Respondent.” This lawsuit is about whether The Regents wrongfully stopped providing University-sponsored group health benefits to Retirees when the management of the Lab was transferred to LLNS in October 2007. The Petitioners allege that The Regents authorized University‐sponsored group health insurance coverage for retirees, and, in booklets and handbooks over many years, promised Lab employees that they would continue to receive University‐sponsored group health insurance coverage after they retired, provided they met certain eligibility criteria. Retirees allege that they met these criteria at all relevant times. The Regents maintains that it provided University‐sponsored group health plan coverage to Lab Retirees as a matter of policy, and that it neither offered nor promised Lab Retirees a right to lifetime University‐sponsored group health plan coverage. The Regents further maintains that The Regents did not offer or promise that Lab Retirees would receive, in perpetuity, the same University‐sponsored group health plan coverage as retirees from other University campuses. The Regents also maintains that University employee and retiree health benefits generally are subject to change and subject to available funding resulting from the state and federal appropriations processes and other funding processes and limitations. The Regents additionally maintains that individuals who worked at the Lab while the Lab was managed by the University of California worked under a specific contract with the federal government, and their continued compensation and benefits depended on the funding related to that contract. The Regents further maintains that when that contract ended in 2007, the new contractor (LLNS) assumed responsibility for the administration of health plan coverage for Lab Retirees. In the lawsuit, the Petitioners asked the Court to rule that The Regents breached an implied contract and order The Regents to return members of the Class to the University‐sponsored group health plan. The Petitioners also asked for the Class Members to receive damages for the difference between what they paid for Retiree health care benefits while they were excluded from the University‐sponsored group health plans and what they would have paid if they had remained part of the University‐sponsored group health plan. You can read the Petitioners’ Third Amended Petition at www.llnlretireesettlement.com and also at www.MoenvRegents.com. The Court has not decided whether the Petitioners or The Regents are correct. If there is no settlement, the Court will make its decision after a trial. That decision would then be subject to appeal. The Court scheduled the case for trial to begin on May 6, 2019. The Parties reached a proposed agreement on general settlement terms on April 29, 2019, and continued to negotiate additional terms. The Parties executed the proposed Settlement Agreement on December 10 & 11, 2019.

In a class action, one or more people (called “Class Representatives”) sue on behalf of all people who have similar claims. The people who have claims are the “Class” or “Class Members.” The Class Representatives who are still living are the Petitioners Wendell G. Moen, Jay Davis, Donna Ventura, Gregory Bianchini, Alan Hindmarsh, Cal Wood and Sharon Wood. Typically, the Court resolves the common issues for all members of the Class. Class actions are frequently brought when many people have been affected in the same or similar ways, and litigating each claim individually would be impractical.

In the interest of a timely resolution, and to avoid the risks of a trial and an appeal to determine issues relating to both liability and appropriate remedies, the Parties believe that settlement is in the best interest of Class Members. Moreover, by agreeing to a settlement, Class Members will receive substantial benefits more quickly than if the case had gone to trial. If the case had gone to trial, a court could have determined that Class Members were not entitled to be restored to University-sponsored coverage, or to any monetary compensation.

If you receive this notice by mail, it is because The Regents’ records indicate that you or a family member are part of the Class. You are a part of this Class if: you were an employee of the University of California who worked at the Lawrence Livermore National Laboratory (“LLNL” or “Lab”); your retirement date was effective prior to October 1, 2007 (i.e., you retired before the contract to manage the Laboratory was transitioned to LLNS); you were eligible for University‐sponsored group health plan coverage when you retired; and you received University‐sponsored group health plan coverage after retiring until University‐sponsored benefits were terminated in connection with transfer of the Lab’s management to LLNS in October 2007. You are also a part of this class if: you are a spouse, surviving spouse or dependent of a Lab employee; and you were eligible for University‐sponsored group health plan coverage as a consequence of a UC employee’s retirement after working at the Lab, or death while working at Lab; and you received University‐sponsored group health plan coverage until University-sponsored benefits were terminated in connection with transfer of the Lab’s management to LLNS in 2007. If the Class Member to whom this is addressed is deceased, please see "What if Class Member is deceased?".

You do not need to take any action to join the case. If the proposed settlement is approved by the Court, and you are a member of the Class, you will be entitled to receive the benefits described in this notice. However, to ensure that you receive the full amount of the benefits to which you are entitled, you should fill out and return the enclosed Class Member Data Form. If the Class Member is deceased, the personal representative or successor-in-interest (usually the “next of kin”) must provide further information to the Settlement Administrator before any payment can be sent.

No, you no longer have the option to exclude yourself (or “opt out”) from the Class. If the settlement is approved, you will be bound by any judgments or orders that the Court enters in this case, you will be deemed to have released The Regents from any and all claims that were or could have been asserted in this case, and you will not be able to sue The Regents on those claims. Although you cannot exclude yourself from the case, you can object to the settlement and ask the Court not to approve it.

The Settlement Agreement provides the following: Right to Reinstatement of UC-Sponsored Benefits under Certain Conditions. Class Members currently receive retiree health care benefits from LLNS under the LLNS Health and Welfare Benefit Plan for Retirees (“LLNS Plan”). The LLNS Plan documents provide that these benefits can be terminated at any time. The Settlement Agreement provides that if LLNS or a successor contractor at the Lab fails to provide any health care benefits to the Class Members for any reason, The Regents will restore University-sponsored group health care benefits to the Class Members. This protection is in place until December 31, 2040 (or earlier if there is a final distribution of the Settlement Funds, as explained below). Class Members will also be reinstated into University-sponsored group health care benefits if the benefits provided by LLNS fall below the following levels: For years one to seven after the court approves the settlement (barring delays, from 2020 to 2026): Medicare-eligible Class Members: $2,450 per year to purchase health care benefits. Non-Medicare-eligible Class Members: at least one Gold tier plan is offered at a comparable employer premium cost share percentage for the health plans offered by LLNS in 2019. For years eight through twenty (if no delays, from 2027-2040): Health benefits are the same as those offered to retirees of LLNS who retired between 2008 and 2019 and who are in the LLNS Plan. For non-Medicare eligible Class Members only: annual dollar amount of the LLNS contribution to a Class Members is at least equal to the dollar amount of the LLNS contribution in year seven for that Class Member. Settlement Fund The Regents will pay to the Settlement Administrator the sum of $80,000,000 over the next seven years to create the Settlement Fund, which will be used for the purposes set forth below. Initial $1,000 Payment All Class Members (both living and deceased) will immediately receive a payment of $1,000. There are approximately 9,080 Class Members, so this will use approximately $9,080,000 of the Settlement Fund. This payment is meant to provide immediate relief to each Class Member or his/her heir(s) without a costly claims procedure, and in recognition that in this Action, the Class Members have endured ten years of litigation, have lost the peace of mind provided by University-sponsored benefits, and assert that they experienced damages not otherwise accounted for in the settlement as part of the transition of health care benefits from University-sponsored benefits to LLNS-sponsored benefits. Past Damages Payments Approximately $11,000,000 will be paid in Past Damages Payments to certain eligible Class Members and/or their heirs. The only Class Members who may be eligible for such payments are those (i) who are living and not eligible for Medicare, (ii) who are living and Medicare-eligible and elected Kaiser Senior Advantage Part B between October 15, 2010 to the Effective Date, or (iii) who died between October 15, 2010 and the Effective Date of the Settlement Agreement. Since most Class Members do not fall into these categories, most Class Members will not be eligible for Past Damages Payments. The Past Damages Payments are intended to provide compensation for the groups of Class Members who suffered the most damage as measured by the difference in premium payments between the Class Member’s LLNS-sponsored plan and what he/she would have paid under UC. It also is intended to provide compensation for past harm to deceased Class Members, the one group who will not receive the annual Supplemental Payments described below. The Settlement Administrator has received substantial information provided in the lawsuit to identify Class Members eligible for Past Damages Payments. You now have the opportunity to provide additional or corrected information to the Settlement Administrator to demonstrate eligibility for Past Damages Payments or adjustments to the calculation for Past Damages Payments. Accordingly, please fill out and return the enclosed Class Member Data Form (printed on green paper). Past Damages Payments will be calculated based on Class Members’ circumstances and plan selection each year, to the extent such information is available. Past damages for each eligible Class Member will be calculated according to the formulas in Schedule B of the Settlement Agreement, which is attached to this Notice as Attachment A. In general, Past Damages Payments are calculated by taking the difference between the Class Member’s required contribution for the premium for his/her LLNS-sponsored plan, and the required contribution for the premium for the most similar University-sponsored plan. See Attachment A for a full description of the formulas. After the Settlement Administrator calculates the past damages for each eligible Class Member, he will then subtract $1,000 from the total to account for the Initial $1,000 Payment already received. The Settlement Administrator will then determine each eligible Class Member’s pro rata share, if any, of the approximate $11,000,000 for Past Damages Payments and issue checks to eligible Class Members and/or their heirs in those amounts. New Supplemental Payments to Class Members - The VEBA To help secure the best possible health insurance for the Class Members, a portion of the money in the Settlement Fund will be transferred into a Voluntary Employees Beneficiary Association (“VEBA”) that will provide annual supplemental payments to Class Members for their use in the purchase of retiree health benefits (“Supplemental Payments”). Approximately $60 million of the original deposits into the Settlement Fund, minus administrative costs, will be transferred into the VEBA. All living Class Members are eligible for the annual Supplemental Payment, except Class Members who do not elect to participate in a LLNS plan. The assets in the VEBA will be invested and used to pay for health care costs and administrative expenses of the VEBA. The VEBA will be administered by a trustee (“VEBA Trustee”) that is required to administer the VEBA prudently and solely in the interest of the Class Members. Each year, the Settlement Administrator or VEBA Trustee will use its discretion and professional judgment to determine the amount of the Supplemental Payments and the formulas used to calculate them consistent with the goal of maximizing payments for health care coverage for Class Members for the next 20 years. After the earlier of 20 years, or when there are 1,000 Class Members who are still living, the Trustee shall terminate the VEBA Trust and distribute any remaining funds to the living Class members. The Supplemental Payments will be calculated for each Class Member depending on their particular circumstances, such as their eligibility for Medicare and the health plan that they are enrolled in. A description of the Supplemental Payment Formulas is set forth in Schedule C to the Settlement Agreement, which is attached to this Notice as Attachment B. Class Members who are eligible for Medicare (95% of the living Class Members, or approximately 6,650 people) will receive about the same annual supplement, that is, between $550 and $558 per year. The remaining 5% of Class Members are not eligible for Medicare (approximately 350 people) and generally cost substantially more to insure. The formulas for the Supplemental Payments are designed so that these Class Members will be responsible for approximately 10% of the total cost of their plan choice, and will receive a Supplemental Payment of between $2,009 and $6,705, depending on their plan. However, the VEBA Trustee can alter the formulas year by year to make sure that the VEBA does not run out of money before its 20-year period expires. If you have questions about the formulas in Attachment B, or the VEBA in general, please contact the Settlement Administrator. Benefits Counselors To support the best use of the Supplemental Payments to the Class Members, benefit counseling services will be made available to the Class Members in order to facilitate their selection, acquisition and utilization of health insurance (“Benefit Counseling Services”). The settlement will include an additional payment by The Regents of $4 million for the Benefit Counseling Services. The Benefit Counseling Services will be made available to the Class Members free of charge until 2040 (or until the VEBA is terminated). Taxability of Benefits The Petitioners have structured the Supplemental Payments to fall within IRC § 501(c)(9) so as not to be taxable. In contrast, the Initial $1,000 Payment and Past Damages Payment will likely be deemed taxable and the Settlement Administrator will provide 1099 forms to individual Class Members. Administrative Costs To deliver the benefits of the settlement to the Class Members, certain administrative costs must be paid. First, there are administrative costs associated with the Settlement Administrator’s providing notice of the settlement to the Class, assembling Class Member information into the Class Member Database, mailing checks to Class Members, etc. Second, over the next 20 years, the Settlement Administrator and VEBA Trustee must be paid for delivering checks to Class Members, overseeing the VEBA Trust, investing the VEBA funds, keeping the VEBA solvent, etc. The Regents have agreed to contribute $500,000 for these costs; the remaining costs will come out of the Settlement Fund, and are estimated to be $500,000 annually; however, the actual administrative costs will depend on future events and will entail oversight and approval by the Court.

All Class Members will receive the one-time Initial $1,000 Payment. The only Class Members eligible for Past Damage Payments are (i) people who are living and are not eligible for Medicare, (ii) people who are living and Medicare-eligible and elected Kaiser Senior Advantage Part B between October 15, 2010 to the Effective Date, and (iii) people who died between October 15, 2010 and the Effective Date of this Agreement. The formulas for the Past Damages Payments are set forth in Attachment A and summaries of the formulas are set forth above. If you think you may be eligible for a Past Damages Payment and have questions about how your payment will be calculated, please call the Settlement Administrator at 1-800-978-8522. Living Class Members will also receive Supplemental Payments that will be provided each year. The amount of this payment depends on your specific circumstances, as set forth in Attachment B and summarized above. If you have questions about how your Supplement Payment will be calculated, please call the Settlement Administrator at 1-800-978-8522. To ensure that you are paid the full amount to which you are entitled, you should return the attached Class Member Data Form to the Settlement Administrator executed under penalty of perjury. All information provided may be subject to verification.

If the Class Member to whom this letter is addressed is deceased, please inform the personal representative or successor-in-interest (usually the “next of kin”) of that Class Member about this letter. If you are the personal representative or successor-in-interest of a deceased Class Member, you must fill out and return the attached “Deceased Class Member” Section of the Class Member Data Form under penalty of perjury; otherwise no payment will be sent to the Deceased Class Member. Where adequate verification is provided regarding the identity of the personal representative or successor-in-interest of a deceased Class Member, a payment for the Deceased Class Member’s past damages may be mailed to their personal representative or successor-in-interest. Because Deceased Class Members are no longer purchasing health care insurance, they will not receive annual Supplemental Payments. Eligible surviving spouses and dependents of the Deceased Class Member who are themselves Class Members will receive Supplemental Payments, as well as the other benefits under the settlement.

The Court will hold a hearing on April 10, 2020 AT 10:00 AM (PDT) to decide whether to approve the settlement. It may take the Court several weeks after the hearing before it decides. If the Court approves the settlement, there may be appeals. If appeals are filed, it is uncertain how long it will take to resolve them. Please be patient. The current status of the case can be seen at www.llnlretireesettlement.com.

Under this settlement, Class Members will give up or “release” the right to sue for any claim of entitlement to post-retirement healthcare insurance benefits against The Regents or LLNS. This includes any claims about the same events and subject matter involved in this case, including whether The Regents wrongfully stopped providing University-sponsored group health benefits to Retirees when the management of the Lab was transferred to LLNS in October 2007. This also includes any claim against The Regents, LLNS or any successor to LLNS that any changes made regarding your healthcare insurance benefits violate any agreement, ERISA or any other state or federal law. It also means the Class Members are giving up their claim to have a right to reinstatement in the UC system (except under the limited circumstances described above). As stated in the Settlement Agreement, “Released Claims” means, subject to the limitations in Section IX of the Settlement Agreement, any and all judgments, liens, indebtedness, losses, claims, liabilities, actions, demands, rights, suits, and causes of action of whatever kind or nature that the Petitioners asserted in the Third Amended Petition for Writ of Mandate, including damages, costs, expenses, penalties, and attorneys’ fees. “Released Claims” includes all claims predicated on the allegations in the Third Amended Petition arising under the Employee Retirement Income Security Act of 1974 (ERISA), as amended, or other claims against all Released Parties relating to the provision or failure to provide health benefits, the level of health benefits coverage and/or the cost of health benefits. Class Members’ sole avenue to resolve any future dispute regarding LLNS or any Successor Contractor’s provision or failure to provide health benefits, the quality and/or quantity of the benefits, rights and features provided by the LLNS Plan or any Successor Contractor plan or the cost of the health benefits is provided for under Sections V.C and V.D of the Settlement Agreement, titled Reinstatement as Backstop for Catastrophic Events and Remedies for any Material Change in Benefits by LLNS. Notwithstanding the foregoing, Class Members are not prohibited from appealing eligibility or benefit determinations pursuant to the claims and administration procedures for the applicable plan in which the Class Member participates. For the avoidance of doubt, “Released Claims” excludes future claims, if any, against LLNS or a Successor Entity relating to actions or omissions by LLNS or a Successor Entity that take place or occur 20 years or more after the Effective Date. “Released Claims” excludes claims to enforce rights under pension plans, the University of California Retirement Plan (“UCRP”), the California Public Employees’ Retirement System (“CalPERS”), the Radiation Exposure Compensation Act (“RECA”), or any other state or federal statute limiting the release of claims based on employment. This means that even if you discover facts in the future that were not known at the time of the settlement which you think demonstrate further violations by The Regents related to this case, you may not sue The Regents, except under the circumstances described above. Each Class Member assumes the risk that they may discover new information. Even if new information is discovered, the settlement will be binding.

The Court decided that (1) Sinclair Law Office, (2) Carter Carter Fries & Grunschlag, and (3) Calvo Fisher & Jacob LLP, represent all Class Members. Together these law firms are called “Class Counsel.” They are experienced in handling similar cases against other individuals, companies and public agencies. More information about these law firms, their practices, and their lawyers’ experience is available at www.sinclairlawoffice.com, www.carterfries.com and www.calvofisher.com.

You do not need to hire your own lawyer. Class Counsel are working on your behalf. You can ask your own lawyer to appear in Court for you if you want to be represented by someone other than Class Counsel, but you will need to make your own financial arrangements with your own lawyer.

Before the Fairness Hearing (explained below), Class Counsel will submit a petition to the Court for attorneys’ fees and costs in the amount of $ 12,000,000. Fees and costs will not be paid out of the Settlement Fund but by The Regents in an amount ordered by the Court as reasonable. You can read the Petitioners’ Motion for Award of Attorneys’ Fees and Costs after it is filed at www.llnlretireesettlement.com.

COUNSEL FOR THE PETITIONERS WHAT ARE MY RIGHTS AND OPTIONS? You can tell the Court that you do not agree with the settlement or some part of it, including the adequacy of the representation of the Class by the named Petitioners and Class Counsel; the fairness of the settlement; and/or the fees and expenses sought by Class Counsel. You have two options under this settlement, each of which is discussed below: (A) object to the settlement, or (B) do nothing. You have to make this decision on or before March 6, 2020.

Objecting is simply telling the Court that you do not like something about the settlement. It will not have any bearing on your right to receive benefits under the settlement if the settlement is approved.

You can object to the settlement if you dislike any part of it. You also can object to Class Counsel’s application for fees and expenses. You can give reasons why you think the Court should not approve the settlement or Class Counsel’s application for fees. You may object, personally or through an attorney at your own expense, to the proposed Settlement by submitting in writing your objection to the Settlement Administrator no later than March 6, 2020. You may appear, but are not required to appear, at the Fairness Hearing (or sometimes called Final Approval Hearing) where your objection will be heard and considered by the Court. Included in your objection must be a written notice of whether you desire to appear at the Fairness Hearing (“Notice of Intention to Appear”) and briefly indicating the nature of your comments or objection. If you do not comply with this procedure, you may not be entitled to be heard at the Fairness Hearing or to otherwise contest the approval of the Settlement, or to appeal from any related orders or judgments of the Court. Class Members are hereby notified that even if they object, they will still be deemed as Class Members and will receive the benefits from the settlement if approved by the Court. Any objections should be labeled “Moen v. The Regents of the University of California, Case No. RG 10530492” on the first page of all documents sent to the Settlement Administrator at the following: ARCHER Systems, LLC 1775 Saint James Place, Suite 200 Houston, Texas 77056 Attn: LLNL Retiree Settlement

If you do nothing, and the Court approves the settlement, you will be bound by the terms of the settlement and the release. Whether you act or not, if the settlement is approved, you will be entitled to receive the benefits of the settlement. However, deceased Class Members will not receive any benefits unless there is adequate verification of their next of kin (or successor-in-interest or personal representative). Further, other Class Members may not receive their full benefits if the Settlement Administrator does not have accurate and complete information about them. For example, the Settlement Administrator must have your correct mailing address to provide you with any benefits. Therefore, for your own benefit, you should fill out and return the enclosed Class Member Data Form (printed on green paper).

The Court will hold a hearing to decide whether to approve the settlement. This is called a Fairness Hearing (or Final Approval Hearing). You may attend and you may ask to speak, but you are not required to.

The Court will conduct a Fairness Hearing on April 10, 2020 at 10:00 AM (PDT) in Department 21 of the Superior Court of California, located at 1221 Oak Street, Oakland, CA 94612. At that hearing, the Court will determine whether the settlement should be finally approved. The Court also will be asked to approve Class Counsel’s request for attorneys’ fees and costs, and other payments discussed above. The Fairness Hearing may be continued without further notice to Class Members.

No, Class Counsel will answer questions the Court may have. You are, however, welcome to come at your own expense. Even if you send an objection, you do not have to go to Court to talk about it. As long as your objection is postmarked by March 6, 2020, the Court will consider it. You also have the right to retain a lawyer at your own expense to represent you at the Fairness Hearing, but it is not necessary to do so.

If you are a Class Member and have submitted an objection to the settlement, you may ask the Court for permission to speak—with or without an attorney—at the Fairness Hearing. To do so, you must send a letter to the Settlement Administrator (“Notice of Intention to Appear”). Be sure to include your name, address, telephone number, and your signature (and, if applicable, the name, address and telephone number of your attorney). Any Notice of Intention to Appear must be postmarked no later than March 6, 2020.

The foregoing is only a summary of the lawsuit and the proposed settlement and does not purport to be comprehensive. The pleadings and other records in this lawsuit, including the Settlement Agreement, may be examined online on the Alameda County Superior Court's website, known as "DomainWeb," at https://publicrecords.alameda.courts.ca.gov/PRS/. After arriving at the website, click the “Search By Case Number” link, then enter RG10530492 as the case number and click “SEARCH.” Images of every document filed in the case may be viewed through the “Register of Actions” at a minimal charge. You may also view images of every document filed in the case free of charge by using one of the computer terminal kiosks available at each court location that has a facility for civil filings. In addition, you can find a copy of this Notice of Class Settlement, the Third Amended Petition, the proposed Settlement Agreement, the Motion for Preliminary Approval, the Order Granting Preliminary Approval, the Motion for Attorneys’ Fees and Costs, and, when available, the Motion for Final Approval, at the following website: www.llnlretireesettlement.com. If you have any questions, please call the Settlement Administrator at 1-800-978-8522, toll free. You may also contact Class Counsel for free to ask about the settlement.