I got the refund no charge.
I think what happened is when I signed up I called up to get the points matched to 50K I think they noted my account to not charge the second year's fee.
I got the pts matched to 50k and a few weeks later I got an additional 40K. My thoughts are they got a lot of complaints about the bonus not being fulfilled so they added 40k across the board and set everyone up to be refunded the fee.
90k pts and $175 statement credit with 2 years free not a bad deal...