HARRISBURG - A Pennsylvania arbitrator is recommending that Jerry Sandusky's $4,900-a-month Penn State pension be reinstated, including back payments from October 2012 when the state retirement system canceled his benefits.

Hearing examiner Michael Bangs wrote in an opinion made public on Monday that it's clear Sandusky was no longer a Penn State employee after his 1999 retirement. That's important because the state Pension Forfeiture Act was expanded five years later to add sexual offenses to the list of crimes that trigger forfeiture.

Both Sandusky and the State Employees' Retirement System can respond to the recommendation, after which the retirement system board will decide whether the pension should be reinstated. That could occur this fall.

Sandusky's lawyer Chuck Benjamin says he's pleased with the ruling.