News Release

U.S. Department of Labor For Immediate Release

Office of Public Affairs February 11, 2008
Chicago, Ill. Contact: Sharon Morrissey
Release Number 84 Phone: (202) 693-8664

Trustee Ordered to Restore Employee Contributions to Illinois

Profit Sharing Plan

CHICAGO – The U.S. Department of Labor obtained a consent order and judgment on Dec. 12, 2002,
ordering the owner of Birger Nyborg & Co., Ltd. of Roselle, Ill. and the trustee of the company’s
pension plan to restore $38,439.57 to the plan and permanently barred him from serving any employee
benefit plan covered by federal pension law.

The judgment, which was entered in federal district court in Chicago, also ordered Nyborg to terminate
the plan, distribute its assets and file all required documents with the appropriate government agencies.

“This action reaffirms our commitment to protect the hard-earned benefits promised by employers,”
said Kenneth Bazar, director of the department’s Chicago regional office of the Pension and Welfare
Benefits Administration, which investigated the case.

The court action resolves civil and bankruptcy lawsuits brought by the department in September 2002
against Birger Nyborg and his company. Nyborg, who filed for personal bankruptcy in June 2002,
allegedly commingled $24,886.64 in employee contributions owed to the plan with the company’s
general assets and used the plan’s assets to pay the operating expenses of the company from July 1994
to December 1997.

The Birger Nyborg & Co., Ltd. Profit Sharing and Cash or Deferred Plan was established in 1986 to
provide retirement, death or disability to company employees. The plan had $305,385.08 in assets and
four participants as of Dec. 31, 2001.

Kenneth Bazar noted that employers with similar problems, who are not yet the subject of an
investigation by PWBA, may be eligible to participate in the department’s Voluntary Fiduciary
Correction Program (VFCP). Participation in the VFCP requires employers to make workers whole
but allows them to avoid PWBA enforcement actions and civil penalties as well as any applicable
excise taxes. For more information about the VFCP see www.dol.gov/pwba.

Employers and workers can contact the regional office at 1-312-353-0900 or PWBA’s Toll-Free
Employee & Employer Hotline number, 1-866-275-7922, for help with problems relating to private-
sector pension and health plans.

# # #

(Chao v. Birger Nyborg & Co., Ltd.) and (Chao v. Birger Nyborg)
Civil Action # 02 C 6567

U.S. Labor Department releases are accessible on the Internet at http://www.dol.gov. The information in this news release
will be made available in alternate format upon request (large print, Braille, audio tape or disc) from the COAST office.
Please specify which news release when placing your request. Call (202) 693-7773 or TTY (202) 693-3911.