(CNN) -

Convicted pedophile Jerry Sandusky could get his pension back, if Pennsylvania's pension board agrees with a recommendation to resume the almost $5,000-per-month checks that he used to get.

A state arbitrator made the recommendation Friday after Sandusky appealed a ruling that he lost the right to his pension -- from working as an assistant football coach at Penn State University -- when he was convicted in 2012 of sexually assaulting 10 young boys.

The arbitrator's recommendation will probably go before the state board in the fall. Both sides will first have a chance to respond to the recommendation.

The arbitrator wrote in his opinion that Pennsylvania law did not allow for someone to lose a pension for Sandusky's crimes until 2004, long after Sandusky's 1999 retirement from the university.

Before 2004, people could lose their state pensions only if they'd been convicted of financial crimes. Since Sandusky was retired when the change was made, his lawyer appealed the ruling to stop his pension checks.

It has no legal bearing that Sandusky was convicted of molesting several of the boys while he was employed by Penn State, and on the campus where he worked.

The recommendation has outraged some close to the case.

"He shouldn't be receiving any benefits, especially benefits related to Penn State," said Jennifer Storm, an advocate who has been working with Sandusky's victims. "I think it's absolutely outrageous that he's entitled to any benefits associated with the place where he offended upon so many young men."

Attorney Ben Andreozzi, who has represented several of Sandusky's victims, called on lawmakers to change the law and make it retroactive.

"I'm disgusted by the fact that he's going to continue to be paid by some form of taxpayers' money," Andreozzi said.

A jury found Sandusky guilty of 45 counts of child sex abuse in June 2012, in a case in which the crimes were committed from the early 1990s through late 2009.