In a Dec. 9 filing, Benjamin also argued that Sandusky did not fit the definition of "school employee" under the forfeiture law.
"No reported case in the history of Pennsylvania jurisprudence has ever applied a 'de facto' employee analysis to deny someone his retirement earnings, and SERS should not bow to political pressure and 'mob rule' to deny claimant his retirement earnings," Benjamin wrote.
In recent weeks, there was a dispute over the SERS witness list, which included two former Penn State administrators facing allegations of a criminal cover-up about Sandusky, former athletic director Tim Curley and former vice president Gary Schultz. A SERS lawyer said at the start of the hearing that both men asserted their Fifth Amendment rights not to testify.
There is currently no trial date set for Curley and Schultz, who are being prosecuted in the Dauphin County Courthouse, about two blocks from the SERS headquarters.
It likely will be several months before the hearing examiner, Michael Bangs, produces his written recommendation to the retirement system board. If the board rules against Sandusky, he may appeal to Commonwealth Court.