‘Morally, it’s just ridiculous’ – Strong Reaction to Sandusky Pension Ruling

In an order Friday, Commonwealth Court President Judge Dan Pellegrini said the board “had no reasonable basis whatsoever” to find Sandusky was a Penn State employee when the acts underlying his child sexual abuse convictions occurred.

Sandusky, a former Penn State coach at the center of the scandal, was convicted in 2012 of sexually abusing 10 boys.

Sandusky lawyer Richard Beran said: “Under the law it was very clear he was entitled to it and his wife is entitled to the pension if Jerry predeceases her”.

The state pension board has also been ordered to pay interest on the payments that Sandusky did not receive. Sandusky ceased to be a PSU employee in 1999.

In operating The Second Mile, Sandusky engaged in “work relating to Penn State” that benefited Penn State.

While Penn State employees are not state workers, they are granted an exemption when it comes to participation in state pension programs. A Commonwealth Court panel ruled unanimously in favor of Sandusky. Sandusky is now serving a 30-to-60 year prison sentence. The Pennsylvania State Employees’ Retirement Board ruled to take Sandusky’s pension away after he was convicted of assaulting ten boys. Then 68-years-old, Sandusky had already collected a $148,000 lump sum payment upon retirement in 1999 and had been receiving monthly pension payments of $4,900. A condition of the Pension Forfeiture Act terminates pensions for “crimes related to public office or public employment”.

SERS argued this made him a de facto employee, which would allow it to strip him of his pension.

Part of the Freeh Report, the NCAA-sanctioned investigation into Penn State’s involvement in Sandusky’s crimes, revealed that university officials wanted to finalize Sandusky’s retirement before “30-and-out” ended.

The emails in fact suggest Penn State would have been happy to keep Sandusky as a coach “for three more seasons”, but Sandusky instead opted for retirement and the perks offered by the university and the state.