Disgraced cop seeks waiver of earnings cap

10/18/2007

William Kaempffer , Register Staff

NEW HAVEN — A former New Haven detective facing prison time on federal corruption charges has asked for a waiver of an earnings cap that would reduce his pension if he makes too much money after he is released from federal prison. Four days after Justen Kasperzyk, 35, was approved for a $41,000-a-year disability pension — and two weeks before he pleaded guilty in federal court — the Killingworth resident requested the waiver, which could translate into a huge financial boon for the disgraced detective if it’s granted.

The trustees from the Police and Fire Pension Fund are scheduled to vote on the request today.

The issue stems from a six-paragraph clause in the police union contract that sets an earnings cap for officers who retire on a disability before completing 13 years on the job. Any combined yearly earnings that exceed the cap would reduce the pension dollar-for-dollar. Kasperzyk had 12 years on the job when he was fired. The ceiling in Kasperzyk’s case is $60,952-a-year — the current base salary for a detective.

James Kottage, chairman of the pension board and vice president of the fire union, could only remember one time in his nine years on the board that a waiver request was made, and it was granted, although he didn’t recall the details. He declined comment on Kasperzyk’s case.

"His is an issue that’s on our agenda for tomorrow’s meeting" and the board has sole discretion on whether to waive it," he said Wednesday.

The city administration, which has taken a hard line against the three cops arrested so far in the scandal, however, made its position clear.

"Mr. Kasperzyk hasn’t shown us a good reason why the cap should be waived," said Emmet P. Hibson Jr., the city’s director of labor relations. "I hope the trustees will take into consideration the manner in which he served the city and how he left, see these as a negative and make these major factors in whether or not to grant this request. Mr. Kasperzyk is not (deserving) of any further benefits that are discretionary."

But police union Vice President Frank Lombardi, a city patrol officer who serves on the pension board, said he wasn’t so sure it was discretionary. The contract states the pension board has sole discretion after the chief certifies that the disability was service-related and occurred while performing official duties.

"I know there’s outside factors (with the corruption scandal), but if he meets criteria, I don’t know how we’re going to say no," said Lombardi. "He got hurt while effecting an arrest. Do I have discretion at that point? I don’t believe so."

Kasperzyk injured his back while making an arrest.

The amount of money in question could be sizeable. If Kasperzyk were to get a job paying $40,000, his total earnings would be $81,000, including his pension, $20,000 over the cap. If the cap isn’t waived, his pension would be reduced to $21,000. If the cap is waived, he would keep the full amount.

Kasperzyk, a former member of the narcotics squad, was arrested in March along with his boss, Lt. William White, after an eight-month undercover FBI investigation. Within days of their arrests, both filed for retirement. White, 63, a 39-year veteran, was approved for a $91,000 pension on April 12. Kasperzyk’s application dragged on for months while he underwent a series of tests to determine if his disability claim was valid.

On Oct 5, he pleaded guilty, along with former Detective Jose Silva, in federal court. Kasperzyk admitted planting drugs during a November 2006 drug raid, leading to an unlawful arrest, stealing a portion of $5,000 planted by the FBI in a motel room as part of a sting and taking $1,000 in drug money during a raid in Fair Haven, which he split with Silva. Kasperzyk faces a recommended sentence of 18-to-24 months when sentenced in January.

Silva is awaiting sentencing. White’s case is still pending.