A spouse annuity is not payable for any month in which:
- the employee's annuity is not payable; or,
- you work for a railroad employer; or,
- you become entitled to a railroad retirement annuity based on your own earnings record that exceeds the amount of your spouse annuity on a different earnings record and neither earnings record includes railroad service before 1975; or,
- you become entitled to a railroad retirement survivor annuity based on a different earnings record that exceeds the spouse annuity rate.