This evidentiary record constitutes a formal demand for audit pursuant to California Government Code § 8546.7, which provides that every contract involving expenditure of public funds exceeding $10,000 “shall be subject to the examination and audit of the California State Auditor.” The Legislature specifically intended this provision to apply to the Regents of the University of California.
The University of California constitutes a “public trust” under California Constitution, Article IX, Section 9. As a self-insured employer, UC is bound by Cal. Code Regs. Title 8, § 15400.2: claim files where future benefits may be payable “shall not” be destroyed.
A prior formal audit request was submitted November 9, 2021, to Chief Compliance & Audit Officer Alexander Bustamante. UC has never responded. This is the second such demand.
⚠ URGENT LEGAL NOTICE — STOP ALL MEDICAL COVERAGE TRANSFER ACTIONS
Date: March 20, 2026 From: Charles A. Harold, Jr. | DOB: [DOB ON FILE WITH UC] | (XXX) XXX-XXXX
[ADDRESS ON FILE WITH UC], Arizona [ZIP REDACTED] | UC Member ID: UC-MBR-XXXXXX
Primary Addressees: UC Retirement Administration Service Center (RASC) / UCRAYS | University of California Office of the President (UCOP) | Blue Cross of California — Plan Administrator, UC High Option Supplement
CC: UCLA PD Chief Craig Valenzuela | UC OGC Charles F. Robinson | UC Regents Secretary | Centers for Medicare & Medicaid Services (CMS) | California Department of Insurance | Willis Towers Watson / Via Benefits — Notice of Dispute
Witness to March 17, 2026 ‘Tricia’ Call: Fred [Last Name], Sales Associate, Hyundai Dealership, Phoenix AZ metro area
RE: SECOND AND FINAL DEMAND — PERMANENT CESSATION OF ALL ACTIONS TO TRANSFER CHARLES A. HAROLD, JR. AND Harold's wife FROM UC BLUE CROSS HIGH OPTION MEDIGAP COVERAGE TO VIA BENEFITS / WILLIS TOWERS WATSON
Member ID: UC-MBR-XXXXXX | Permanent Disability Determination: August 8, 2001 | Workers’ Compensation Settlement: March 2003
On Tuesday, March 17, 2026, Charles A. Harold, Jr. received an incoming telephone call from Via Benefits / Willis Towers Watson (WTW), phone number +1 866-322-2824. The call was received while Harold was at an automobile dealership in the Phoenix, Arizona metropolitan area. Fred, a sales associate at the dealership, was present and witnessed the call.
The caller identified herself as “Tricia,” a Via Benefits representative. She stated that Harold’s UC Blue Cross Medicare supplemental plan — for which Harold currently pays $727.48 per month and which UC automatically enrolled Harold in beginning January 1, 2026 — was being cancelled effective May 1, 2026, and that Harold was required to enroll in Via Benefits or he would lose all health care coverage.
Tricia stated that the reason for the required transfer was that Harold had moved out of California to Arizona, and that UCLA had only recently been notified of his out-of-state move.
The following University of California-issued documents, predating the March 17, 2026 call by years, each independently establish that UC had documented knowledge of Harold’s Arizona residence:
Harold informed Tricia that this claim was false, that his Arizona address has been in all UC systems — Blue Cross, UCRAYS, pension direct deposit to an Arizona credit union — since the day he moved approximately eight years ago. Harold informed Tricia that if Via Benefits participated in executing this transfer, Harold would pursue all available legal remedies.
| # | Date / Time | Duration | Notes |
|---|---|---|---|
| 1 | January 23, 2026 — 11:28 AM | — | Missed call |
| 2 | February 2, 2026 — 12:11 PM | 7m 6s | Joshua Lewis, Via Benefits/WTW administrator. Confirmed Harold’s ineligibility. See Section V. |
| 3 | February 5, 2026 — 10:30 AM | 1m 30s VM | Missed call. Jasmine McCoy voicemail directed to Harold's wife. |
| 4 | February 6, 2026 — 2:19 PM | 13m 44s | Incoming call |
| 5 | February 9, 2026 — 11:30 AM | 1m 30s | Incoming call |
| 6 | February 9, 2026 — 11:53 AM | 38m 58s | Incoming call |
| 7 | March 17, 2026 (Tuesday) | 4m 19s | “Tricia” call. Cancellation threat. Witness: Fred. See Section I. |
From: +1 866-322-2824 (Willis Towers Watson / Via Benefits) | To: Harold's wife | Duration: 1:30
“Oh hello, this Massachusetts for Sylvia Harold. Um, my name is Jasmine McCoy, and I’m calling from via benefits Insurance Services, uh, please be aware this call will be recorded. We are, um. Assistant in the University of California, with the transition to your new health plan. Please give us a call back as soon as possible. Our toll-free number is 855-359-7381. Our phone lines are open Monday through Friday from 8:00 a.m. Until 7:00 p.m. Eastern time and TTY users can call 711… this is Jasmine McCoy, and I’m calling from via benefits Insurance Services. Um, the university is California has selected us to help their retirees, um. With their transition to new health plan. Um, we are their benefit connector, so call us back 855-359-7381… our phone lines are open Monday through Friday from 8 AM until 7 pm. Eastern time and TTY users can call 7-1-1. Thank you so much, and we look forward to hearing back from.”
Note: This voicemail was directed to Harold's wife by name, confirming Via Benefits / WTW acknowledges dual enrollment of both Harold and his wife — consistent with the workers’ compensation settlement term of medical coverage for Harold and his family.
Note on Recorded Calls: Via Benefits’ own voicemails expressly state “please be aware this call will be recorded.” UC RASC routinely records calls. Harold may have recordings of the March 17, 2026 call and other calls in this series. All parties are on notice that recordings may exist and must be preserved.
Harold’s UC Blue Cross High Option plan is a Medigap plan — a Medicare Supplement plan governed by federal law. UC is the group policyholder; Blue Cross of California is the issuer. Harold pays $727.48 per month, 100% UC contribution, confirmed in UCRAYS January 2, 2026. Medicare’s own federal database records this on Harold’s Medicare.gov account as: “Other Insurance — BLUE CROSS OF CALIFORNIA,” coverage start date January 1, 2026. The federal government independently confirms Harold’s Medigap enrollment.
42 U.S.C. § 1395ss(q)(1) — Guaranteed Renewability of Medicare Supplemental Policies:
“Each medicare supplemental policy shall be guaranteed renewable and — the issuer may not cancel or nonrenew the policy solely on the ground of health status of the individual; and the issuer shall not cancel or nonrenew the policy for any reason other than nonpayment of premium or material misrepresentation.”
Source: https://uscode.house.gov — 42 U.S.C. § 1395ss
Geographic relocation is not a permitted basis for cancellation. An internal UC administrative decision to transfer to Via Benefits is not a permitted basis. Harold’s Arizona residence is not a permitted basis. The statute permits only two bases: non-payment of premium, or material misrepresentation. This transfer cannot proceed as a matter of federal law.
Additionally, 42 U.S.C. § 1395ss(q)(2) provides that even if UC terminated the group arrangement entirely, Blue Cross would be required by federal law to offer Harold an individual Medigap policy. Harold cannot be left without Medigap coverage under any scenario.
Medicare Representative Monica Soria stated on Medicare’s own recorded line on December 31, 2025: “This is a one time period. Once your open enrollment begins, it cannot be stopped, changed, repeated, or altered.” After the window closes, insurers may use medical underwriting to deny, delay, or charge more based on health conditions.
CRITICAL TIMING — IRREVERSIBLE HARM WINDOW
Open Enrollment Window Opens: January 1, 2026
Open Enrollment Window Closes: Approximately July 1, 2026
Date of This Letter: March 20, 2026 — Approximately 103 days remaining
Medical Events Since Window Opened: Radical prostatectomy February 25, 2026; confirmed positive right bladder neck surgical margin ≥3mm, non-limited, Gleason 4+3=7 Grade Group 3 (February 27, 2026); bilateral varicoceles confirmed (March 11, 2026)
After July 1, 2026: Any insurer may use Harold’s prostate cancer diagnosis, confirmed positive surgical margin, bilateral varicoceles, and all other documented conditions to deny, delay, or charge more for supplemental coverage. This window cannot be reopened. The harm is permanent and irreversible.
| Source | UC’s Own Exclusion Language |
|---|---|
| UC Via Benefits FAQ (Rev. 2020-01-09), Q. #9, p. 3 | UC provides retiree records to Via Benefits ONLY for those meeting all criteria, including: “(c) not a recipient of UCRP disability.” Harold is a documented UCRP disability recipient. Criterion (c) independently excludes him. UC’s own system should not have forwarded his records. |
| UC Via Benefits FAQ (Rev. 2020-01-09), Q. #10, pp. 3–4 | “You are disabled and under the age of 65” — not eligible for Via Benefits. Harold’s permanent disability determination from Octagon Risk Services (August 8, 2001) has never been formally revoked through any documented re-determination proceeding. |
| UC Via Benefits FAQ (Rev. 2020-01-09), Q. #17, p. 5 | Directly addresses out-of-state residence: “UCRP disability recipients remain in UC group coverage regardless of state of residence.” This answers Tricia’s stated rationale on March 17, 2026 directly and completely. |
| UCnet Medicare Coordinator Program Page (ucnet.universityofcalifornia.edu) | “You are not eligible for the Medicare Coordinator program if you or any covered family members are under the age of 65, even if the covered individuals are eligible for Medicare due to a health condition or disability.” |
THE SCHRÖDINGER’S RETIREE PARADOX APPLIED TO THIS TRANSFER: Under either classification UC has applied to Harold — (A) regular retiree, or (B) UCRP disability recipient — this transfer is prohibited. Under Classification A, 42 U.S.C. § 1395ss(q)(1) federally prohibits cancellation on geographic grounds. Under Classification B, UC’s own published rules in all four sources above independently prohibit the transfer. UC cannot selectively apply whichever classification produces an adverse outcome while ignoring the classification that would protect Harold’s rights.
On February 2, 2026, at 12:11 PM, Joshua Lewis, an administrator of the Via Benefits / Willis Towers Watson program, called Harold (7 minutes 6 seconds). Lewis made the following documented statements:
| # | Statement by Joshua Lewis, Via Benefits/WTW Administrator |
|---|---|
| 1 | Harold is ineligible for Via Benefits due to his disability rating. |
| 2 | This is “a problem” that needs to be resolved. |
| 3 | He would send written notification to UC that Harold’s application would NOT be accepted by Via Benefits. |
| 4 | Upon learning of Harold’s February 25, 2026 surgery date: “We need to fix this before then.” |
Harold specifically directed Lewis NOT to enroll him in Via Benefits because it would seriously jeopardize his quality of healthcare coverage and possibly a favorable medical recovery outcome. The program UC directed Harold toward has independently determined it will not accept him. UC cannot transfer Harold to a program that UC’s own contractor has confirmed will reject him.
Harold’s workers’ compensation case, arising from an on-duty injury at UCLA Police Department on approximately January 12, 1996, settled in March 2003. Harold was rated 6¾% permanent disability, permanent and stationary, by Octagon Risk Services on August 8, 2001. The settlement established three documented benefits:
| Term | Documented Status as of March 20, 2026 |
|---|---|
| 1. Tax-free Duty Disability Income | Paid as IRS Code 3 (disability, 92.7% tax-free) from settlement through approximately June 2015. UC unilaterally reclassified to Code 2/7 (100% taxable retirement) in mid-2015 — without formal re-determination, written notice, or Harold’s consent. Subject of pending audit. |
| 2. Lifetime paid health insurance — Harold and his family | CURRENTLY BEING PERFORMED. Both Charles A. Harold Jr. and Harold's wife are enrolled in UC Blue Cross High Option, $727.48/month, 100% UC contribution, confirmed in UCRAYS. Via Benefits is now attempting to terminate the exact benefit this settlement established. |
| 3. CCW permit authorization | Denied August 25, 2023 by Captain Jeff Chobanian (Badge #307) citing “medically separated” status — a separate adverse action documented in POST Complaints and Chapter 13 of the Schrödinger’s UC Retiree evidentiary package. |
The settlement term “medical coverage for Harold and his family” is currently being honored in practice. Both Charles A. Harold Jr. and Harold's wife are enrolled in UC Blue Cross High Option. The February 5, 2026 Via Benefits voicemail from Jasmine McCoy was directed specifically to Harold's wife by name — UC’s own contractor acknowledges dual enrollment. Neither Harold nor Harold's wife initiated Medicare enrollment; both were automatically enrolled by operation of federal statute upon reaching age 65. The UBEN 100 and 101 forms dated December 26, 2025, which Harold signed, required his signature — proving the Via Benefits transfer is voluntary, not mandatory. If the transfer were mandatory, UC could execute it without consent forms.
Thomas Herz, UCOP Retirement Administration Service Center official (phone 510-987-0229, fax 510-987-9323), conducted a documented nine-month written campaign from September 29, 2009 through June 8, 2010 to pressure Harold to apply for Social Security Disability Insurance (SSDI). Letters dated: September 29, 2009; January 10, 2010; January 22, 2010; March 8, 2010; March 29, 2010; April 6, 2010; April 9, 2010; June 8, 2010.
On March 29, 2010, Herz wrote: “Lifetime medical is not a vested benefit for any UC retiree although we have provided this benefit for decades. It has moved into the realm of myths in the oral tradition since there is nothing in writing in our guidelines that promises this in perpetuity.” He made this statement without consulting UC legal counsel, despite Harold’s explicit written request that he do so first.
On April 6, 2010, Herz threatened: failure to provide an SSA determination “can result in an offset fee being imposed on your check and termination of UC medical coverage.” Harold complied. On April 9, 2010, the Social Security Administration confirmed Harold was ineligible for SSDI because he earned more than $12,000 per year. The SSA cost-shifting avenue failed. Via Benefits is now the third iteration of the same pattern.
The following IRS Form 1099-R records were issued by the Regents of the University of California, UC Retirement System (Payer TIN: 94-2557406). All data transcribed directly from forms as filed with the IRS.
| Tax Year | IRS Code | Gross Distribution | Taxable Amount | % Taxable |
|---|---|---|---|---|
| 2010 | 3 — Disability | $30,660.80 | $2,244.25 | 7.3% (92.7% tax-free) |
| 2011 | 3 — Disability | $31,274.01 | $2,289.13 | 7.3% (92.7% tax-free) |
| 2012 | 3 — Disability | $31,899.49 | $2,334.92 | 7.3% (92.7% tax-free) |
| 2013 | 3 — Disability | $32,537.50 | $2,381.62 | 7.3% (92.7% tax-free) |
| 2014 | 3 — Disability | $33,188.26 | $2,429.25 | 7.3% — Last full disability year |
| 2015 (Form A) | 3 — Disability | $15,557.34 | $0.00 | 0% — January through approx. May 2015 |
| 2015 (Form B) | 2 — Early Retirement | $14,614.44 | $14,614.44 | 100% — June through December 2015 |
| 2015 (Form C) | 2 — Early Retirement | $30,171.78 | $30,171.78 | CONFLICT: UC issued 3 conflicting 1099-Rs for 2015 |
| 2016 | 2 — Early Retirement | $27,767.01 | $27,767.01 | 100% — Premium deductions begin ($727.48/mo unauthorized under settlement) |
| 2017–2024 | 2 or 7 — Retirement | Various | 100% taxable | 100% — Settlement medical term violated by ongoing deductions |
Note on Pre-2010 Records: The 1099-R records available in this filing cover tax years 2010 through 2024. The disability classification was established by the March 2003 workers’ compensation settlement; the disability income period therefore runs from March 2003 through approximately June 2015 — approximately twelve years. The University of California maintains 1099-R records for all prior tax years filed under Payer TIN 94-2557406 and can retrieve these records from its own archives. Harold is independently retrieving archived copies of the pre-2010 records for tax years 2003 through 2009 to document the complete disability income period.
| Authority | Requirement as Applied to This Case |
|---|---|
| Cal. Code Regs. Title 8, § 15400.2 — Workers’ Comp Claim Files | “Claim files with awards for future benefits shall not be destroyed.” Harold’s 2003 settlement established lifetime paid health insurance — a future benefit by definition. This file cannot lawfully have been destroyed at any point after March 2003. |
| Cal. Gov. Code § 3306.5(b) — POBR Personnel File Retention | The Public Safety Officers Procedural Bill of Rights Act requires the employer to maintain the peace officer’s personnel file and make it available for inspection upon request. |
| Cal. Penal Code § 832.7 (as amended by SB 16) — Peace Officer Records | Five-year minimum retention for peace officer personnel records. For records relating to adverse determinations, destruction is not permitted. |
| Cal. Code Regs. Title 8, § 10208.7 — DWC Adjudication File | The Division of Workers’ Compensation independently retains the adjudication file for 50 years (electronic) / 20 years (paper) after the initial filing date. Harold’s WC case was filed approximately 1996. The DWC file is obtainable through a public records request entirely independent of UC’s internal records. |
On Tuesday, February 24, 2026, Lt. James Echols ([email protected]), Personnel & Training, UCLA Police Department, sent three emails to Harold, each CC’d to Lt. Richard Davis ([email protected]) and Captain Jeff Chobanian ([email protected]):
| Time | Content | |
|---|---|---|
| #1 | 1:24 PM | “Hello Chuck, I am in receipt of your request and I wanted to inform you that your file has been located and is being sent to me. Once I am in possession of it, I will forward you the information that you requested.” |
| #2 | 2:23 PM | Identical statement: “your file has been located and is being sent to me.” (Repeated verbatim, 59 minutes after Email #1.) |
| #3 | 3:04 PM | 41 MINUTES LATER: “Hello again Chuck, My apologies. I am in receipt of your request but I am currently searching for your file. Because of the period of passed time since your retirement, your file has been archived. I appreciate your patience while I continue my search.” |
The documented sequence is: File found → File found again → File not found. Something occurred in the 41 minutes between 2:23 PM and 3:04 PM that caused Lt. Echols to reverse his confirmed statement. Captain Chobanian — CC’d on all three emails — conducted a “comprehensive review of your file” on August 25, 2023, and reviewed and “cross-referenced” it again on February 10, 2026. He has provided no direction to Lt. Echols regarding the location of the file he reviewed twice. As of March 20, 2026, the file has not been produced.
| # | Source | Date | Statement |
|---|---|---|---|
| 1 | Karl T. Ross, former Acting Chief, UCLA PD (named defendant, Harold v. Regents SC022125) | ~1998–2003 | Harold’s personnel file was “old and had been destroyed.” |
| 2 | Ida Fong, UC Retirement Administration | March 18, 2021 | Records “lost during computer system upgrades.” Also: Max Harold (Harold’s son) listed as “disabled” in UC’s system — he has never been disabled. |
| 3 | UCRAYS Portal (UC’s own system) | February 2026 | System only retains records “for a couple years.” No records prior to January 1, 2024. |
| 4 | Anthem Blue Cross Portal | February 2026 | No records prior to January 1, 2024 available for Harold’s account. |
| 5 | Lt. James Echols, UCLA PD Personnel & Training | February 24, 2026, 3:04 PM | File “has been archived,” currently searching. (41-minute reversal from confirmed-found status.) |
On February 13, 2026, the Daily Bruin published an interview with UCLA Vice Chancellor and Chief Financial Officer Stephen Agostini (appointed May 2024; former CFO, U.S. Consumer Financial Protection Bureau; former Associate Vice Chancellor for Finance, University of North Carolina). In the interview conducted February 6, 2026, Agostini made the following statements:
| Statement | Source |
|---|---|
| UCLA’s annual financial reports posted on its website since 2002 are “erroneous” and unaudited. UCOP asked him to stop posting them. | Daily Bruin, Feb. 13, 2026 |
| UCLA has a $425 million annual structural deficit caused by “financial management flaws and failures” predating his arrival. “I have rarely seen the kind of financial management flaws and failures that I see here when I got here.” | Daily Bruin, Feb. 13, 2026 |
| The Ascend Finance Transformation Project — UCLA’s $213 million, 7-year initiative to replace its 1980s legacy mainframe with Oracle Cloud — produced no concrete results. “A terrific waste of resources.” “We spent $150 million on the Ascend project, and we have nothing to show for it.” | Daily Bruin, Feb. 13, 2026; Daily Bruin May 13, 2025 |
| Approximately 75% of UCLA’s academic units are running operational deficits. | Daily Bruin, Feb. 13, 2026 |
On February 17, 2026 — four days after publication — Chancellor Julio Frenk fired Agostini effective immediately. UCLA Vice Chancellor for Strategic Communications Mary Osako said the $425 million figure was “inaccurate.” The Los Angeles Times reported the firing was tied to Agostini making these statements without the Chancellor’s approval. The Daily Bruin editorial board wrote February 19, 2026: “Agostini’s departure after interview with The Bruin shows UCLA punishes transparency.”
Application to This Case — The Critical Question: Agostini’s statements confirm that UCLA’s financial record-keeping systems have been producing erroneous outputs since 2002 — the same year Harold’s CCW Permit #1 was issued, one year before the 2003 workers’ compensation settlement, and the start of the entire period during which Harold’s records have been confirmed missing, destroyed, or incomplete by five independent sources. The failed Ascend upgrade directly explains why UCRAYS retains only “a couple years” of records and why Ida Fong told Harold in 2021 that records were “lost during computer system upgrades.”
The question this letter formally poses to UC: What records did UC RASC representatives review when they determined Harold was required to transfer to Via Benefits? If UCLA’s own CFO confirms the financial systems have been producing erroneous outputs since 2002 and the modernization project failed completely — what verified, accurate, complete record supports the determination that a transfer of Harold’s lifetime settlement-granted health insurance is warranted? A transfer decision made on the basis of erroneous records, affecting lifetime settlement benefits, is not a valid administrative determination.
| Date | Medical Event |
|---|---|
| Feb. 25, 2026 | Radical prostatectomy performed. Prostate surgically removed. |
| Feb. 27, 2026 | Surgical pathology report (Case SO26-01177, Dr. Sedlock): Confirmed positive right bladder neck surgical margin, ≥3mm, non-limited, Gleason 4+3=7 Grade Group 3 pathology, cribriform gland architecture. HonorHealth MRN: 5697441. |
| Mar. 11, 2026 | Scrotal ultrasound (Accession 31365500, Radiologist Ashwin Nambiar, referring Dr. Clifford Gazda): Bilateral varicoceles confirmed, left greater than right, present for approximately 50 years. Documented mechanistic relationship to androgen delivery at the site of the positive bladder neck margin. |
| Mar. 19, 2026 | Urgent clinical letters transmitted to Dr. Cooper (Cooper Urology), Dr. Gazda, and Dr. Leslie Kaplan (original diagnosing urologist, California, 20+ years) requesting expedited intervention for bilateral varicocele. |
| Mar. 20, 2026 | Date of this letter. Harold is actively scheduling varicocele repair surgery with Dr. Kaplan in California. Post-operative PSA monitoring ongoing. Harold will be traveling to California for medical care under the UC Blue Cross High Option plan. |
| Physician / Provider | Role and Relevance |
|---|---|
| Dr. Leslie Kaplan — California | Original diagnosing urologist, approximately 20+ years. First diagnosed Harold’s prostate cancer. Harold is currently scheduling varicocele repair surgery with Dr. Kaplan in California. |
| Dr. Cooper — Cooper Urology, AZ (MRN 1530655) | Primary post-operative urologist. Recipient of urgent clinical letter March 19, 2026. |
| Dr. Clifford Gazda — Arizona | Referring physician. Ordered March 11, 2026 scrotal ultrasound. Recipient of urgent clinical letter March 19, 2026. |
| Dr. Marsh — Burbank, CA (Providence/St. Joseph’s Medical Group) | Harold’s primary care physician for approximately 15 years during Burbank residency (2003–approx. 2017). Archival medical history spanning the entire post-settlement period. Part of the Providence/Epic MyChart network. |
| SimonMed Imaging (MRN 3533881) | Prior imaging including January 31, 2019 scrotal ultrasound (Exam #25590293, Dr. Kundavaram). Critical for baseline varicocele comparison. |
What a Via Benefits Transfer Would Permanently Destroy: Harold’s UC Blue Cross High Option coordinates claims across all treating physicians in both Arizona and California through the Blue Cross Blue Shield Association’s BlueCard inter-plan program. Harold has personally managed this coordination over eight years of Arizona residency. Blue Cross of California holds institutional knowledge of Harold’s entire active treatment history. All of Harold’s treating physicians in both states can access coordinated records through the Epic MyChart platform.
Under Via Benefits ($8,000/year stipend): A separately purchased individual plan would have no connection to Harold’s existing provider network, claims history, Epic MyChart records, or any institutional knowledge currently held by Blue Cross of California. Every treating physician in both states would start from scratch.
Harold is in active post-operative management for a confirmed positive surgical margin. He is scheduling varicocele repair surgery across two states. An insurance disruption during this window is a clinical risk. The $8,000/year Via Benefits stipend is not equivalent to the $727.48/month UC Blue Cross High Option — in premium value, in network continuity, or in any clinical dimension.
On February 2, 2026, Harold transmitted a formal Demand to Nullify the Via Benefits Transfer to UC RASC. That demand established: (1) rescission of UBEN 100 and UBEN 101; (2) Joshua Lewis’s independent confirmation of ineligibility; (3) a formal audit request demanding an immediate hold on all coverage transfer actions; (4) UC’s own POBR obligations, California Government Code § 8546.7, and the UC Internal Audit Charter independently requiring a stay of all actions pending audit resolution.
As of March 20, 2026 — 47 days after the February 2, 2026 Demand: No written confirmation that the transfer has been permanently nullified. The audit has not been started. The audit has not been resolved in writing. Via Benefits continues to make contact — seven calls in the log, including the March 17, 2026 call. Harold’s personnel file demand under POBR § 3306.5 has not been complied with.
| Demand | Requirement |
|---|---|
| DEMAND 1 — Permanent Nullification | Immediately and permanently nullify and rescind the Via Benefits transfer for both Charles A. Harold Jr. and Harold's wife. Void UBEN 100 and UBEN 101 dated December 26, 2025. Do not process any transfer effective May 1, 2026, April 1, 2026, or any other date. |
| DEMAND 2 — Written Confirmation | Provide written confirmation that both Charles A. Harold Jr. and Harold's wife remain enrolled in UC Blue Cross High Option coverage continuously, without interruption, effective immediately. |
| DEMAND 3 — Acknowledge Lewis | Provide written acknowledgment that UC has received and processed Joshua Lewis’s (Via Benefits/WTW) written notification that Harold is ineligible for Via Benefits. |
| DEMAND 4 — Cease Contact | Direct Willis Towers Watson / Via Benefits to cease all contact with Charles A. Harold Jr. and Harold's wife regarding any coverage transfer — calls, emails, letters, and any other form of communication. |
| DEMAND 5 — Records Production | Produce Harold’s personnel file, workers’ compensation settlement file, and all records supporting the determination that a Via Benefits transfer was warranted, as required by POBR Government Code § 3306.5 and CCR Title 8 § 15400.2. |
| DEMAND 6 — Audit Confirmation | Confirm in writing that the formal audit request filed January 31–February 2, 2026 has been initiated and that all coverage actions remain stayed pending its written resolution. |
| DEMAND 7 — Written Response | Respond to all six demands above in writing to [email protected] within 5 business days (by March 27, 2026). Failure to respond in writing within this window will be documented as continued institutional non-compliance and submitted to CMS, the California Department of Insurance, the Workers’ Compensation Appeals Board, and all other applicable regulatory and judicial bodies. |
| DEMAND 8 — Schrödinger’s Classification Remedy | UC must choose one path and apply it consistently across all administrative systems simultaneously. Under Path A (UCRP Disability Recipient): Via Benefits transfer is prohibited by UC’s own published rules; UC owes Harold between $880,043 and $1,278,382 in documented rough-estimated damages. Under Path B (Regular Retiree): Via Benefits transfer is prohibited by federal Medigap law (42 U.S.C. § 1395ss(q)(1)). There is no Scenario C. |
| Component | Principal | Interest (10%/yr simple, CCP § 3289) | Subtotal |
|---|---|---|---|
| A. Unauthorized Premium Deductions June 2015 – March 2026 130 months × $727.48/month | $94,572.40 | $51,226.72 (avg 5.4 yr accrual) | $145,799.12 |
| B. Federal Tax Overpayment 2016–2025; 92.7% of income taxed that should have been tax-free | $63,454.32 | $38,072.59 (avg 6 yr accrual) | $101,526.91 |
| C. California State Tax Overpayment 2016–2018 at 9.3% | $23,848.00 | $21,463.20 (9 yr accrual) | $45,311.20 |
| D. Arizona State Tax Overpayment 2019–2025 at 4.5% | $8,379.34 | $3,351.74 (avg 4 yr accrual) | $11,731.08 |
| E. Tax Preparation Costs Average $1,800/yr × 10 years (2015–2025) | $18,000.00 | — | $18,000.00 |
| BASE SUBTOTAL (Components A–E, before payment gap) | $322,368.31 | ||
| F. 1996–2003 Payment Gap — Conservative 49 months unpaid DDI @ $3,075.98/month (P&S date July 21, 1997 → Octagon Aug. 8, 2001) | $150,723.00 | $406,952.10 (27 yr accrual) | $557,675.10 |
| F. 1996–2003 Payment Gap — Moderate 65 months unpaid DDI @ $3,075.98/month (Separation Mar. 1, 1996 → Octagon Aug. 8, 2001) | $199,939.00 | $539,835.30 (27 yr accrual) | $739,774.30 |
| F. 1996–2003 Payment Gap — Higher 84 months unpaid DDI @ $3,075.98/month (Separation Mar. 1, 1996 → Full settlement Mar. 2003) | $258,382.00 | $697,631.40 (27 yr accrual) | $956,013.40 |
GRAND TOTAL — SCENARIO 1 (Conservative gap): $880,043.41
GRAND TOTAL — SCENARIO 2 (Moderate gap): $1,062,142.61
GRAND TOTAL — SCENARIO 3 (Higher gap): $1,278,381.71
IMPORTANT DISCLAIMER — THESE ARE ROUGH ESTIMATES. ACTUAL FIGURES WILL BE HIGHER. The calculations above use simple interest only. Compound interest at the same 10% statutory rate would increase every interest figure substantially. These calculations also exclude: lost UCRP service credit accrual under § 8.18(e) during the 1996–2003 gap period; consequential damages arising from Harold’s 1996–1997 federal bankruptcy directly caused by UC’s non-payment of DDI; cost-of-living adjustments that should have applied to DDI; the pre-2010 1099-R records for tax years 2003–2009; ongoing 2026 premium deductions and tax harm beyond March 2026; and any penalties or attorneys’ fees that may be applicable under governing statutes.
On the Legal Permanence of the Disability Determination: The Octagon Risk Services letter of August 8, 2001, issued on behalf of UC Los Angeles, is titled “NOTICE REGARDING START & END OF PERMANENT DISABILITY BENEFITS.” It confirms that Dr. Steven Silbart’s QME report, dated December 27, 1999, established that Harold’s industrial injury of February 16, 1996 became permanent and stationary on July 21, 1997, with a permanent disability rating of 6¾%. Under California workers’ compensation law, “permanent and stationary” is a defined legal term of art establishing that the employee’s condition has reached maximum medical improvement. Under Labor Code § 5803, only the Workers’ Compensation Appeals Board may rescind, alter, or amend such a determination for good cause through a formal proceeding. No such WCAB proceeding was ever conducted regarding Harold’s permanent disability determination. The determination therefore remains in legal effect. UC’s 2015 conversion of Harold’s classification to retirement income — executed without a WCAB proceeding, without a new QME finding that the disability had resolved, and without Harold’s informed voluntary consent — was executed without legal authority to override a permanent disability determination.
This letter constitutes Harold’s second and final pre-legal demand. The facts documented herein are supported by UC’s own records, federal IRS filings, recorded telephone lines, and published institutional admissions. Harold is prepared to transmit this complete documentation to all appropriate regulatory and judicial bodies if written compliance is not received within the required 5-business-day window.