PROVIDENCE –– Whatever happens in the court system with Nicholas Gianquitti, the case of the man accused of killing his neighbor last Sunday has raised questions about whether he can continue to get his city pension.

Gianquitti has been collecting an accidental disability pension since 1993, retiring at 24 after six months as a patrolman for the Providence Police Department. His disability pension is two-thirds his salary, tax-free, plus health care benefits for him and his family.

Gianquitti

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Whether his criminal case will affect his city pension is a new matter for the city Retirement Board, said City Solicitor Ken Chiaverini. “It’s never come up before where there’s been a situation when someone committed an offense post-retirement,” he said.

In practice, those who’ve had their pensions revoked committed their offenses while still in the employment of the city or state, said city pension administrator Octavio Cunha, formerly assistant director of member services at the Employees Retirement System of Rhode Island.

Former Gov. Edward D. DiPrete’s pension was revoked in 1999, the year after he pleaded guilty to 18 crimes of racketeering, extortion and bribery, and went to prison for 11 months. His wife fought for years to get his $50,777 annual pension, claiming under state law that she was an “innocent spouse” in financial need. Patricia DiPrete finally gave up rather than testify about the couple’s financial situation.

Retired Providence Police Chief Urbano Prignano is fighting efforts at the city Retirement Board to reduce or revoke his city pension. Prignano admitted in the federal corruption trial of former Mayor Vincent A. Cianci Jr. that he had helped several officers cheat on promotion exams. A municipal ordinance requires “honorable service” from an employee in order to receive a pension.

But in Gianquitti’s case, the crime he is accused of occurred long after he’d left city service.

Gianquitti is charged with murdering James Pagano, a lieutenant in the Cranston Fire Department and Gianquitti’s neighbor on Daisy Court in Cranston. Gianquitti shouted at children who were attending a birthday party for Pagano’s son after a tennis ball was lobbed onto his lawn or hit his car, according to the Cranston police. Pagano approached Gianquitti, and the men ended up in a physical confrontation, the police said. Gianquitti then allegedly shot and killed Pagano.

Gianquitti was a former Providence police officer — although he didn’t serve long.

Gianquitti graduated with 36 other cadets from the Providence Police Academy Jan. 12, 1990, but he and others were sent to work in the city radio control room because there weren’t enough vacancies for police officers.

In July 1991, then-Mayor Cianci ordered the department to put more officers on the street, so Gianquitti and 13 other recruits were assigned as patrol officers. Gianquitti’s job transfer was signed by Frank Corrente, the director of administration at the time, according to files kept by the city Retirement Board.

Gianquitti earned a commendation for helping other officers and firefighters get a family out of a burning house in Silver Lake Jan. 7, 1992. But 21 days later, Gianquitti left injured.

On his application for an accidental-disability pension, Gianquitti wrote that was injured Jan. 28, 1992, while chasing two subjects in the Almacs parking lot off North Main Street. Gianquitti wrote that he was going up a hill when he fell and landed on his knee. He went to Rhode Island Hospital and learned he’d fractured his left kneecap.

Gianquitti’s disability pension was granted during a time of controversy at the city Retirement Board, a place that critics were calling “The Candy Store” for granting tax-free, higher-paying disability pensions to police and firefighters. Some were getting their pensions for hypertension and stress. Several police officers were granted disability pensions while on suspension and facing criminal charges.

A police officer has to work at least 20 years to qualify for a regular pension, which amounts to 50 percent of salary and is taxable. However, disability pensions are tax free and granted at any stage in an employee’s career — whenever the person is injured. An accidental disability pension, granted to those hurt on duty, is just over 66 percent of a full salary, tax free, along with free health benefits for the employee and family.

Although Gianquitti had only been on the street as a patrolman for six months, he was credited for two years, four months and five days of service, covering his time working in the radio control room and time off on injury leave, according to papers in his file at the Retirement Board. The board voted unanimously Jan. 27, 1993, to award him a disability pension. Gianquitti’s monthly pension allowance comes to $3,481.50.

While Gianquitti’s pension received cost-of-living adjustments, the city never checked on him to find out if he was, indeed, still disabled, Cunha said.

That’s not uncommon in Providence. The city checks up on barely a handful of disabled retirees, said Chaverini. Usually, those checks are prompted by complaints. It costs the city $500 to $1,000 to pay to reexamine the retirees to find out whether they are still disabled.

That practice is changing under a new ordinance for pension reform recently approved by the City Council. Disabled retirees will need to have their own doctors recertify that they are disabled. They would also be required to submit income tax information and face having their pensions reduced if they earn more than their salary for the city.

But none of these changes would apply to Gianquitti, or any current pensioners or employees who have pension applications pending.

amilkovi@projo.com