HARRISBURG (KDKA) — The issue is Jerry Sandusky’s monthly pension that added up to $4,600 per month and he received it starting in 1999 when he retired from Penn State.

Then he got a cost of living adjustment in 2004 to $4,900 per month.

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But once he was convicted of molesting young boys, in 2012, those payments stopped.

The state employees retirement system informed Sandusky that his convictions on indecent assault and involuntary deviate sexual intercourse involving victims one and nine are crimes related to public employment and that his retirement benefit is forfeited.

The state argues that even after his formal retirement, Sandusky enjoyed Penn State perks and access and had a contract with Penn State to work with outreach programs including the Second Mile Foundation. During the trial, prosecutors called that organization a “victim factory,” since many of the victims participated in Second Mile activities.

But Sandusky argues:

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1) His retirement benefits were vested in 1969 and can’t be diminished by laws enacted after that.

2) That he wasn’t a school employee after the retirement forfeiture act was amended in 2004 and

3) That he was an independent contractor, not an employee.

All those issues will be sorted out Tuesday by a hearing officer who will make recommendations to the retirement board.

Sandusky is to appear via closed circuit TV from state prison.

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